Vodafone Mis-selling

[Pioden]

Hi folks. My first post on these forums so please be gentle!

 

Can anyone tell me what is the legal definition of 'mis-selling' under UK consumer law?

 

In 2009 I bought a phone contract for my youngest son. During the chat with the sales representative I specifically asked if they had any 'safety net' feature which would protect me from runaway bills. This was a deal breaker for me - no safety net = no contract. Anyway, the sales rep offered me something called "Spendchecker" - a feature that would suspend my sons account when he crossed a certain threshold.

 

Three years down the line I was hit with a bunch of sky high bills. Turns out not only was there no 'Spenchecker' on the account - but that the whole 'Spendchecker' feature had been withdrawn by Vodafone in 2005/6, three years BEFORE they offered it to me!!!

 

Personally I think this is a clear case of mis-selling - but I can't find a legal definition to confirm my suspicions.

 

TIA

 

Pioden

[rebel11]

Hi pio

 

Welcome to CAG

 

Have a read of the following:-

 

'Hi CAG members,

 

We thought it would be nice to introduce ourselves and to assure you all that our presence on CAG is with the very best of intentions.

vodafone UK has recently introduced a dedicated Web Relations Team which is keen to seek out customers who’re having difficulties with their accounts and feel that they have no other place to turn to than CAG and other consumer forums and blogs.

Naturally, it’s not possible for us to help directly with account specific queries on CAG and as such we would encourage those members who feel we can help them to contact us privately at customer.care@help.vodafo ne.co.uk quoting ‘WRT135 – CAG Forum’ in the subject line to ensure that it reaches the Web Relations Team.

 

When emailing us we would also ask that you either provide us with a link to your post or thread – if you’ve posted in another member’s thread please also provide your CAG username so that we can check what your query is.'

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[Pioden]

Thanks rebel. I am aware of VF's web team. Unfortunately I'm fed up to the back teeth of talking to Vodafone. They've offered me a repayment of a percentage of the excess charges - but I think this is woefully insufficient. I was lied to during the sales process and for them to profit from deceit is morally unacceptable to me.

[silverfox1961]

Thanks rebel. I am aware of VF's web team. Unfortunately I'm fed up to the back teeth of talking to Vodafone. They've offered me a repayment of a percentage of the excess charges - but I think this is woefully insufficient. I was lied to during the sales process and for them to profit from deceit is morally unacceptable to me.

 

While I agree that dealing with the web team is not the best for you, by putting WRT 135-CAG in the subject line, this gets picked up by Lee who has an excellent track record of helping many people

See here

http://www.consumeractiongroup.co.uk/forum/showthread.php?259838-Vodafone-complaints-settled-by-VF-Webteam.

 

While it is your choice which way to go, I heartily recommend you let Lee have a look

[rebel11]

I would give Lee the oportunity to see what he can do, then look at other options.

 

Thanks rebel. I am aware of VF's web team. Unfortunately I'm fed up to the back teeth of talking to Vodafone. They've offered me a repayment of a percentage of the excess charges - but I think this is woefully insufficient. I was lied to during the sales process and for them to profit from deceit is morally unacceptable to me.

[Pioden]

OK will do. Writing to Lee now.

 

BTW if someone does have a legal definition of mis-selling I'd still love to see it

[silverfox1961]

OK will do. Writing to Lee now.

 

BTW if someone does have a legal definition of mis-selling I'd still love to see it

 

 

http://www.fsa.gov.uk/library/communication/pr/2003/052.shtml

[Pioden]

Great link Silverfox. Thanks. I realise that this is FSA and therefore not 100% applicable in my case - but I'm sure the principles will be the same.

 

"We have built on these statutory foundations through our Principles for Business. In the context of mis-selling, five are particularly relevant No 1: A firm must conduct its business with integrity.

No 2: A firm must conduct its business with due skill, care and diligence.

No 6: A firm must pay due regard to the interests of its customers and treat them fairly.

No 7: A firm must pay due regard to the information needs of its customers, and communicate information to them in a way which is clear, fair and not misleading.

No 9: A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement."

 

 

I'd suggest that my case hits everyone of these points to a greater or lesser extent! It puzzles me that VF insist on fighting on, even though they have admitted that they're in the wrong!

[2Grumpy]

You relied on the salespersons advice and promises. Your claims seem reasonable to me. They will keep on fighting because they can and will hope that you go away.

[Pioden]

Thanks Grumpy That's certainly the way I see it - and given I have a written admission from VF that I 'should not have been sold Spendchecker' their case is weak at best!

 

I was also offered Spendchecker by VF (in a web chat with a sales guy) in September 2011!! A full five or six years after the feature was withdrawn ... Kinda suggests that their sales people will say anything to make a sale.

 

No word from their web team yet.

[clairedcat]

Same for me, got phone for my son in 2009. Was 'sold' spendchecker in store.

Total nightmare, I ended up paying them, wish I knew half of what I know now.

Hazard a guess we may not be the only ones Pioden.

Good luck, following with interest !

 

Claire x

[Lee Vodafone Company Rep]

Hi Pioden,

 

Thanks for raising this with me and for following the guidance provided by rebel and silverfox.

 

Having checked our emails I can confirm that I've got yours and so will be getting back to you as soon as possible.

 

In regard to Spendchecker I can confirm that this service was withdrawn back in 2005/06. However, customers can still monitor their usage during the month via our 44555 service together with our online billing facilities through My Account.

 

For those who have iPhones, iPads, BlackBerry's or phones which run on Android we also offer the My Vodafone app.

Same for me, got phone for my son in 2009. Was 'sold' spendchecker in store.

Total nightmare, I ended up paying them, wish I knew half of what I know now.

Hazard a guess we may not be the only ones Pioden.

Good luck, following with interest !

 

Claire x

 

Hi Claire,

 

If you'd like me to take a closer look at your concerns could you email me via the Contact us form here quoting the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[BazzaS]

I can't help with the"mis-selling" discussion, but as far as I'm aware only T-mobile and Tesco (within the UK) offer a hybrid contract / PAYG option, where you get the benefits of a contract (inclusive minutes, subsidised phone) without the risk of a large bill : usage outside of the allowance is charged on a PAYG (pre-paid by 'top-up') basis.

 

T-mobile call their version "You fix", while Tesco call theirs "capped contract". Ideal for where one person wants to give the advantages of a contract to another, but without incurring extra liability for costs for calls made by the other .....

[clairedcat]

Much appreciated Lee, but my debt was sold on to DCA before I paid in full, sadly I did not have knowledge I have now, nor did Vodaphone reps, at time, have the customer services skills you have, lets hope you can sort this out for pioden. Then apply for promotion to staff training manager

 

Claire x

[Lee Vodafone Company Rep]

Hi Claire,

 

Thanks for coming back to me.

 

As the account was referred to a DCA we will almost certainly have recorded some adverse information against your credit file.

 

If you're account was in dispute at the time it was referred to the DCA then I'd happy to get this looked into further.

 

As such, could you get in touch with me via the contact details I provided last week?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[misssold]

I have had these same problems and more and not just on this contract but on the previous contract as well.

 

All I want to do now is leave Vodafone so I can't be held to ransom anymore.

 

Not only did the sales rep miss sell the current contract, but in trying to resolve the issue several times, I was literally lied to about how and when credit would be paid, on 3 separate occasions with 3 separate customers service reps. Almost an exact repeat of the last contract issues.

 

I have even sent a termination letter for breach or contract and the response I got was a 3 line form letter saying that they will invoice me for the full term of the contract.

 

Only when I called to get my PAC codes did the rep try to fix the actual plan I was on and didn't acknowledge the fact that I wanted to end the relationship.

 

I expect now I will have to dispute the invoice and have my credit damaged as well simply because Vodafone refuse to acknowledge their own failings and that they have an unhappy customer whom they have badly mistreated.

 

I guess this is just what they do, to keep your money rather than just let you go. Sure why not make you more miserable than you already are!

 

With 17+ million clients, I suppose they believe they are above the law and have no responsibility or duty of care.

 

Miss Selling a product is in fact a Fraud!

[Lee Vodafone Company Rep]

Hi misssold,

 

It's disappointing to read about your experiences here but thanks for making me aware of them.

 

If you'd like me to take a closer look at matters for you could you email me with your details via the Contact us form here quoting the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as I can?

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK