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Rank 1: Guest
robd73
Posts: 8
Registered: ‎06-12-2011

verbally agreed contracts

i would like some clarity on verbally agreed contracts..i have an issue over an agreed extension to my phone contract which i always agree over the phone. i do this year on year or every time its due be that 18 months or whatever .                                                               I would like to know what is the legal standpoint on this issue...... as no paperwork has been signed and in effect no real documentation with signatures exists.                                                                                                                                                                                       So my understanding is this....... the phone conversation is recorded so that vodafone has proof of what was agreed verbally so as any contract disputes can be settled. upon re-hearing these conversations???                                                                                              surely this should work both ways so that anybody with a dispute can access these transcripts and try to prove what or what not           was said during a verbal contract extention. i have read some forum threads which states people have been asked for £10 pounds to pay for these transcripts and vodafone is only required to keep these for 2 months anyway... in which in most cases would be  rendered useless because these issues dont come to light .it would seem the information is accessable when it suits vodafone but not in cases when people may have a valid claim.                                                                                                                                                   In my own case i will not discuss the details just yet as i have not had the chance to have this looked at in depth but i would like to know the legal implacations for both myself and vodafone and would be grateful of any advice.......i will be updating this thread as it unfolds thanks       

Message 1 of 10 (2,777 Views)
t0m
Rank 2: First Poster
t0m
Posts: 29
Registered: ‎06-12-2011

Re: verbally agreed contracts

Since you're upgrading, you're already in contract, you're most likely still in contract when they call you, and when you agree to recommit for another 18 months, it acts as an extension which you can agree to verbally. This is then placed into your account notes called 'interactions' which acts as the written proof that you agreed to recommit with us again. You also recieve a letter confirming that you've agreed to recommit, which usually has the header "Thanks for choosing us again".

Message 2 of 10 (2,740 Views)
Rank 34: Scholar III
bertyb
Posts: 2,187
Registered: ‎11-09-2010

Re: verbally agreed contracts

I am certainly not a legal expert so I wouldn't take this as much to base it on.

 

If you upgrade or take a new deal out, you normally (or certainly used to) get some paperwork within the first few days, which gives you the opportunity to check it and potentially make use of your 7 days returns period if needed.  My vague understanding from being at college years ago, is that provided a company can show it sends information then even if a customer didn't get it then this would still be regarded as being received.

 

The £10 charge will almost certainly be the charge which is allowed to be levied for requests for the Data Protection / Freedom of Information stuff, there should be more of this on the VF web site about privacy and so on.

 

You will also probably get a clue on your price plan, if the price plan has 24 in it, it should be a 24 month commitment and so on.

 

To avoid issues, I would always ask for a text, or confirmation of the details which are important.

 

Good luck though

 

Message 3 of 10 (2,739 Views)
Rank 1: Guest
robd73
Posts: 8
Registered: ‎06-12-2011

Re: verbally agreed contracts

Thank you for taking time to reply. but the agreement was what i agreed to an extension of two years for a new phone.same price plan......but when i have checked my bank account i have discovered i am now paying more than was agreed.... and iam being told i agreed to this new price plan for two years i know 100% that i said over and over in the conversation..iam still going to pay the same arent i...yes yes same deal they told me..... not as it transpires i am now paying double than what i was....would anybody in their right mind agree to a deal like that for a new phone......which any other network would give for free....so in short i need to revert to the phone transcripts...to prove what was agreed...!!!! thanks again.

Message 4 of 10 (2,727 Views)
t0m
Rank 2: First Poster
t0m
Posts: 29
Registered: ‎06-12-2011

Re: verbally agreed contracts

Perhaps since you first started this contract, VAT has risen. The line rental would of stayed the same, VAT would of just increased it.

Message 5 of 10 (2,722 Views)
Rank 1: Guest
robd73
Posts: 8
Registered: ‎06-12-2011

Re: verbally agreed contracts

no i was trying not to give to much details as i have not been able to convey  in depth the version to a vodafone disputes team member just a person whom i will say perhaps should not be in a customer based line of work...so here goes the story i have been with voda for over ten years and to me they have been the best network handsdown..thats why i have stayed they always give me a good deal when it comes round to my contract end date..so over the years i had my contract down to 600 mins unlimited texts plus extras..for £15 incuding v.a.t  per month then i have a call from voda saying is anybody in your family on pay as you go ?.. yes my wife...well we(voda) we give her the same deal as you for an extra £5 on top of your contract which was £15 now making that £20 inc vat ..ok good deal i will take that.....then when i upgraded i said to them same deal right... new phone 2yr deal two numbers £20...same price right... yeah yeah same deal they said..then in may this year i added my eleven year old kid on a £15 per month blackberry deal...i said it wont effect my other deal will it two numbers for £20...no just add the extra £15 for the blackberry deal (500mb 300mins and blackberry messenger)....so it total £35 right unless we go over are allowences...yeah yeah........well just had a bill ...checks online and find out im paying £20 for my number £10 for my wifes £15 for my sons then vat and so on gone from £15 to £20 which i agreed to then to £80 a month after adding my son... hence the need to listen to those conversations......thanks for reading

 

Message 6 of 10 (2,716 Views)
t0m
Rank 2: First Poster
t0m
Posts: 29
Registered: ‎06-12-2011

Re: verbally agreed contracts

I assume the lines are all under one account, double check at a store to see if your family are on a House Hold plan, if not then ring customer services to find out why, you could dispute this.

Message 7 of 10 (2,708 Views)
Rank 1: Guest
robd73
Posts: 8
Registered: ‎06-12-2011

Re: verbally agreed contracts

yes all under one account.......thanks for the help

Message 8 of 10 (2,706 Views)
Moderator (Retired)
Moderator (Retired)
Lee
Posts: 19,284
Registered: ‎27-10-2008

Re: verbally agreed contracts

Hey robd73,

 

Many thanks for letting us know about this billing query.

 

I'm afraid calls are only kept for 60 days so if the agreement was made prior to this then I'm afraid we'll not have a record of the call or calls.

 

I've sent you an email because there's no way we're going to be able to resolve this one on a public forum since it's account specific in nature. If you can reply to my email with the requested information then we'll be in touch as soon as possible.

 

Cheers,

 

Lee

Message 9 of 10 (2,674 Views)
Rank 1: Guest
robd73
Posts: 8
Registered: ‎06-12-2011

Re: verbally agreed contracts

Thanks lee for the response i have replyed to your email i now wait for the call to resolve this matter...

 

Message 10 of 10 (2,643 Views)