Note 7 - Class Action Suit

[Iamaza]

Given the bad treatment we are getting from Vodafone on this, would people be willing to seek compensation collectively on this issue? I feel like we are drawing the short stick in the way this is being handled. Even if vodafone provides in it's agreements a waiver for class actions, they are not being true to their end of the contract anyway... 

I have exhausted possibilities, being told there is no stock is a lie, as people are getting phones exchanged as we speak. 

[jaygrim]

Where do I sign up?

[Iamaza]

I have been advised to seek monetary compensation at a small claims court instead (as the value will be under £10k). 

You don't require a lawyer and can start a claim by filling a form N1 at http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338

[kids]

---

@Iamaza wrote:

I have been advised to seek monetary compensation at a small claims court instead (as the value will be under £10k). 

You don't require a lawyer and can start a claim by filling a form N1 at http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338

---

To suceed in a claim you have to prove that you have suffered either financial or consequential loss.

Compensation for inconvenience unless it caused financial hardship or for frustration is not a basis for a succesful claim.

[Iamaza]

That's subjective. As I use my phone for work, being limited to 60% battery limits a lot of my productivity. There is also the risk of keeping an electronic device that can combust. 

[kids · Accepted solution]

---

@Iamaza wrote:

That's subjective. As I use my phone for work, being limited to 60% battery limits a lot of my productivity. There is also the risk of keeping an electronic device that can combust. 

---

The phone will ony combust if it is being charged and it that case your action would be again the manufacturer who have advised that the phone should not be used at all.

As for loss of productivity I think you will find that hard to show.

[gpd1965]

cc kids the claim would be against the retailer as they have supplied the goods which are not fit for purpose. Also you don't need to prove loss in a small  claims court. What will happen is that the parties will be asked if they wish to go to arbitration where the court will make what they feel is a reasonable judgement on all details of the case will be ,ade. This is thewhole purpose of the small claims or county courts

[hrym]

You'd have to prove that the device was knowingly supplied faulty and that there was no process in place for dealing with it once the issue was known.  Both of these tests will fail.   As I've pointed out elsewhere, Vodafone (and all other suppliers) are in the hands of Samsung, who have to manufacture up to 2.5 million replacement devices.   Only they can supply them - there is no alternative channel.

[gpd1965]

sorry but no you don't need to prove this

[Harrysw7]

Alternatively how about a collective submission to the Ombudsman - if the OP would like to collate names and emails of posters to this and similar threads. That might be taken more seriously than a handfull of individual complaints.