That though is the issue and why I feel strongly that Vodafone are negligent under the Sale of Goods Act.
When he was cold called, he continuously said he wasn't interested- he didn't want texts, or data, he was happy with pay and go.
I think perhaps cold callers are used to phoning customers on Pay & Go and getting their commission easily as most people do want to be able to text and use the net outside the wifi of home, but my partner very much uses his mobile for calls and nothing else. He also said, a number of times, that whereas a contract could possibly be cheaper, he didn't want one due to being concerned he could exceed his minutes allowance.
This is where the cold call mis-selling comes in.
The cold caller kept pushing and pushing, until he offered him- at that time and which Vodafone later heard via finding the call- an exclusive minutes only deal, and he also promised that my partner would never exceed his allowance as a cap could be put in place and, if he said yes, would be placed on his allowance.
Hence why the first time he noticed how much he had been grossly overcharged, it was such a shock.
Vodafone clearly agreed at that point and refunded him after we went through their complaints procedure.
Again, he was promised a cap and, at that point, increased his minutes allowance to what was first promised/mis-sold to him during the cold call, albeit with an increase in cost from £9 to £12 a month.
Now, if they don't offer caps, why then has he twice been promised they will indeed cap it? He was happy to cancel at the point where he was given the refund a couple of months back, but they again mis-sold the agreement via lying and offering a cap.
Whatever way you look at it, he has been lied to, time and time again.
It's also unexceptable of them to promise to resolve the issue when it has yet again occured. Yet they have completely ignored the issue and have merely felt, in my view, that commenting on my blog will suffice and show how great their customer service is to my readership.
In my experience, and the experience of others (as per the comments I screen grabbed), their customer services is utterly reprehensible, with customers charged extortionate fees (including an elderly lady who merely had the phone for emergencies) due to a scam call operation. Other firms are aware of this scam, and have taken steps to protect their customers. Vodafone does not, and only tells customers once they are hit with excess charges on their bill. They then advise you to track down the scam company and try and gain a refund from them- which is highly unlikely to happen.
I would again appeal to Vodafone to deal with this issue and respond as promised previously.
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