ADVICE needed re: MIS-SOLD upgrade contract - Blatant LIES and promises not kept.

[davew1979]

So I upgraded my Ipad with Vodafone yesterday for the explicit reason that the agent i was speaking with had promised (not once, not twice but multiple times) that the deal I would get included the Apple Pencil and Smart Keyboard. This has not happened.

Contacting vodafone this morning I was told that i had clearly been promised the items and i would definitely recieve them. When?..... (drum roll) After the 14 day cooling off period. 

I couldnt believe it had read it right.... So I sign up for the new contract based on the many assurances the accessories would come with the ipad and now am told they wont be sent until after I am unable to cancel the contract.... this cannot be right? 

I am then sent a contract-style-speak paragraph that explains this is the case from....... I don't know....I can't find this wording anywhere on the website - or even anywhere on the internet... and I've searched for it. Has a vodafone employee just sent me false terms & conditions?! i asked for a link to those T&Cs but no response.

Then i am further insulted by the vodafone employee claiming that if i simply bought the items myself Vodafone would refund me the money.....

Please advise next steps. Unless this is resolved, my 20 years as a loyal customer ends today. 

TRANSCRIPTS BELOW:

[davew1979]

Stella : That's great then , you will be able to get the discount for this contract as well , and your monthly cost for 1GB data deal will reduce to £51 and for the 5GB data deal will reduce to £55.25

You : Does the iPad come with the Apple Pencil?

Stella : Yes

You : its included in the price?

Stella : Yes it is

You : the 2nd generation pencil?

Stella : I am checking that for you please

Stella : Yes

You : so the 12.9 with apple pencil if I upgrade today 5gb deal I would have £60 and upgrade fee of £32 added to my bill?

Stella : Yes absolutely

You : And then £60 a month?

Stella : If you will apply for the discount then it will be £55.25 a month

Stella : You can apply for the discount within 30 days of your upgrade

You : you mentioned splitting the next bill into easy instalments?

You : How would that work please?

Stella : Yes as soon as your next bill gets generated you can contact our billing team and they will help you set up a payment plan for the same and you will be able to split he bill into 3 month's installments

Stella : the*

You : and when would I be able to receive the iPad.

Stella : May I know your color preference so that I can check the availability fir the delivery for you

You : what colours are available please?

Stella : I just checked we have it available in space grey color and I will arrange next day delivery for you

You : thats great - and what is the memory on it?

Stella : It is a 64GB Variant

You : ok perfect

Stella : So let me get the terms and conditions for you

Stella : You have chosen Apple Ipad 12.9 Space Grey 64GB with an upfront cost of £60.00. You don’t need to pay the upfront cost today - It will be added to your next bill. • Your new SIM card will not be activated when you receive it, you can activate it through your My Vodafone account online or by calling 03333 040191 - Standard rates are applicable for calls to this number. Alternately, you can activate the SIM card yourself by visiting http://www.vodafone.co.uk/simswap/ • Your next bill will show your old plan ending today and the new plan starting from midnight. • The plan gives you 5GB Data. The standard monthly cost for this is £65.00 (Inc. VAT), However with the 15% VA Discount your monthly cost will be £55.25 which will show on your My Vodafone account online. • Your plan also includes Vodafone Global Roaming, which lets you use your minutes, texts and data in 48 EU countries with no additional cost, as well as in 104 Rest of the World countries for £6 (Inc. VAT) per day. • For more information on roaming, please check out vodafone.co.uk/travellingabroad • Your plan is 4G and 5G-enabled, which means you can take advantage of 4G and 5G speeds it can deliver depending on the coverage (which may vary). You can check your estimated mobile data network coverage and speed at Vodafone.co.uk. • If your plan is only 4G enabled and handset supports 5G, then also you will be able to use data at 4G speeds in areas with 4G coverage or below. • To access our 5G Network you will need to have a 5G phone and a 5G plan. You will also need to be in an area that has 5G. • If you are using 5G and move into an area that has only 2G, 3G or 4G signal, your phone will automatically swap to that instead. It will return to 5G as soon as the 5G signal is available again • Your contract is eligible for Vodafone Flexi-Upgrades. Once you’ve had your device and plan for six months, you can upgrade to one of the latest models. • Delivery will be made between 8am and 6pm in the next 1-4 working days and someone will need to sign for it. The delivery cost is £6.95, which will be added to your next bill. Our courier will send you a text with details of the time of delivery. • Your plan includes a 3-month free trial of Vodafone Secure Net. You can opt out of the service at any point and we’ll send you a text before the free period ends to remind you how you can remove it • After the free period finishes, a monthly cost of £1 will be added to your account. More information can be found in your Service Terms and Conditions • You can set-up a spend limit for usage outside your plan by opting in to Vodafone Spend Manager through your Vodafone Online Account or App. To help you track your usage, we will send you a text when you reach 80% and 100% of the spend limit. You can opt-in/out of this service or change the spend limit anytime within your billing cycle and the changes will come into effect immediately. • This agreement is for a minimum period of 24 months plus the remaining days from your existing contract (if any). • Each April your monthly plan charge will increase by an amount equal to the retail prices index rate published by the Office for National Statistics in March (RPI rate). We will apply that RPI rate adjustment from your April bill. If the RPI rate is a decrease, your monthly plan charge will not be reduced. Full details are available in the Vodafone Airtime terms and conditions. • Occasionally, we have to put up our charges outside of your monthly bundle or change our services during your contract. We’ll tell you before we do this and you can read more about this in our Airtime Terms and Conditions online. • You have the right to change your mind and return your contract during the next 14 days. You can do this by visiting a Vodafone Store or by calling us on 191. If you do cancel your contract, you must return the handset to us at the store (free return) or by using the pre-paid envelope or DPD label that we will send out if you call us on 191 (£8.50 admin fee applicable for postal returns). Charges may be applied up to the value of the mobile equipment for any items returned in a damaged condition. You can find more information on Vodafone.co.uk/returns • If the agreement ends before the minimum period (whether by you or Vodafone), you must still pay all the plan charges until the end of the minimum period. This applies when this agreement comes to an end except if: Vodafone ends this agreement by giving you 30-days’ notice - In case Vodafone is permanently unable to provide service to you, or If you end the agreement due to a specific action by Vodafone. In these situations, you don’t have to pay the plan charges until the end of the minimum period. But, you may have to pay for your mobile equipment, as described in your welcome pack and airtime agreement. • You will need to apply for your VEA discount within 30 days from now – You can do it at a store by providing a proof of employment or by filling-up an online form at www.vodafone.co.uk/vea - There is a onetime cost of £10.00 for availing VEA discount on a number. We also offer insurance cover for loss/theft/damage at a very competitive premium. For adding Vodafone Insurance, you can call on 0333 304 3346 (standard call charges apply). You can check details of the plans at the link provided below:https://www.vodafone.co.uk/mobile/vodafone-insurance

Stella : Please read and type 'I Agree'

You : if it is definitely packaged with the new Apple Pencil and will arrive tomorrow?

Stella : Yes please be assured , I will arrange next day delivery for you and the apple pencil will come along with it .

You : i agree

Stella : Perfect , could you help me with your delivery address ?

You : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Stella : Thank you

Stella : I am sending you a 4 digit code on your number, could you please confirm that with me ?

Stella : Shall I send it on the tablet number ?

You : and can I check that this is the iPad Pro yes?

Stella : Yes it is the Apple iPad Pro 12.9 Space Grey 64GB .

You : great - yes send the code to my tablet

Stella : I have just sent it

You : Nothing come through yet ...

Stella : I will send it again

You : Can you send to my phone instead?

Stella : Sure

Stella : I have just sent it to your phone

You : 9686

Stella : Thank you

Stella : We have a new concept called Vodafone Spend manager which has newly launched. This helps you to limit the spend on any out of plan usage across minutes, SMS and data.Data capping prevents you from using out of bundle data.You'll be notified the moment you reach 80% and 100% of your set limit.You can set limit between £10.00 - £100.00.Do you want me to set a CAP on your account?

You : No I don’t use enough for that to be an issue

Stella : No problem

Stella : We’ll keep you up-to-date and ask you about our products and services. This could be by email, text, MMS, phone or post. If you’re O.K. with that, there’s nothing you need to do.We may also send you personalized and more relevant offers and provide you with enhanced services based on how you use our network or your location. Are you Ok with that?

You : Yes

Stella : Thank you

Stella : Please allow me a few minutes to place your order

You : Thanks

Stella : Thank you for waiting

Stella : I am still working on your request , just a few more minutes

Stella : Thank you for waiting

Stella : I have successfully placed your order and you will get a confirmation text and mail within a few hours

Stella : Is there anything else I can help you with /

Stella : ?*

You : you’ve been very helpful thanks - one last question

Stella : You're welcome , yes sure ?

You : does this model also come with the Smart Keyboard?

Stella : Yes it does

You : Oh fantastic - so it’s the iPad, the pencil and the Smart Keyboard  all in this package?

Stella : Yep

You : That’s great news - thanks so much - I look forward to receiving it

Stella : Congratulations

Stella : I hope I was able to help you today as per your expectations

[davew1979]

TODAY: 

You : hi there - I went ahead an upgraded my Vodafone iPad with you yesterday after your colleague assured me many times that the iPad Pro would come with the Apple Pencil and keyboard - it has arrived and does not - I feel like this new contact has been mis-sold as I only agreed to the terms on conditions on the assurance it would come with the Apple Pencil

Subhash : Please do not worry I will check that for y ou

Subhash : I assure you that if you have been promised, you will get the Apple Pencil and keyboard

Subhash : Could you confirm the 1st and 2nd digit of your PIN?

You : xx

Subhash : Perfect, that takes care of security. Thanks for confirming. Please allow me few minutes to check and get this sorted for you

You : Thanks

Subhash : You are most welcome

Subhash : I have checked and see that you have been told that you will get the pencil and the Smart Keyboard with iPad.

Subhash : Please be assured that you will get the promised accessories.

You : Can you tell me when please? I have little use for it without the pencil specifically

Subhash : It will be delivered to you after the 14 days cooling off period.

Subhash : The pencil will be delivered to you within couple of days.

You : After the cooling off period?

Subhash : Yes as per the promotion, you will get the accessories after the cooling off period. However, we will try to get it delivered to you before that.

You : so once I am unable to return it, I will get the accessories I was promised would arrive with it today? The reason I agreed to the contract will not be provided until after I am unable to return it? That is pretty sneaky if not downright illegal. Please point me towards the promotion where it states this.

Subhash : Please be assured that if you don't receive it after cooling off period, we will compensate you for the equivalent amount of the price of the accessories.

Subhash : As per the promotion, "All qualifying customers who are outside their cooling off period of 14 days and have paid their first bill will be sent the Accessories by Vodafone via DPD courier. Customers should receive their Accessories automatically within 30 days of order. We will send it to your home address registered on your Vodafone account"

Subhash : If you don't receive it, you can purchase it manually and we will reimburse you for the price.

You : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

You : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Subhash : I understand your disappointment and if I would have been on your place I would have also felt the same. There are many advisers who really wish to work hard for our customers but due to few, we also loose trust in our customer's heart. And trust me if we have promised that you will get the pencil and keyword we will definitely fulfill our promise.

[davew1979]

Also for some reason my final two messages were redacted from the transcript...?
i have no idea why this might be other than pointing out exactly what had happened point by point. I did manage to get the end of the redacted message here in a screen shot however 

[BandOfBrothers]

Freebies / incentives in the way of accessories usually works by them sending the items and then if a customer cancels i.e returns the main item the freebies have to be returned or they are charged for.

Check Vodafones T&C's for specific terms.

I have heard before where a person has been told if they buy the items then they'll be refunded , but I would always show caution and get that in writing.

Vodafone give a cooling off period of 14 days where a person can cancel without penalty and then if after that period of time an early termination fee is charged.

I understand you've used Live Chat but if this was my situation I'd give them a call via 191 and or use the Vodafone Social Media Teams  as they can access your account and account notes.

A person can also raise an official complaint via Here  if deemed necessary.

Until a Vodafone Moderator looks at your screenshot in your last post we can only see a triangle icon I'm afraid.

I wish you all the best with this situation. 

Edit.

Can you link yo the offer you've seen.

I see Vodafone.co.uk/mobile-broadband/pay-monthly-contracts/tablets/apple/ipad-10-2#space-grey/32 

And the items you mention have an * and says at the bottom of the page 》 accessories sold separately.

[davew1979]

I hadn't seen an offer

i was enquiring as to what my upgrade options were and asked about the accessories - I was then told they would be included.

today I was fobbed off by some terms and conditions that do not appear to be  published anywhere. If indeed accessories are sold separately then how can Vodafone have a policy that they will be sent out after 14 days?

it all smacks of lies and doing and saying whatever they can to keep you under contract. Sickened by the whole thing 

[BandOfBrothers]

Accessories that are sold separately would be sent out as and when they are in stock.

The 14 days thing is connected to cooling off period to I assume stop a person taking out a contract specifically for the accessories and then cancel within the 14 days cooling off period and try not to return them.

As a person is buying them outright they are not connected to an upgrade or new contract.

It looks to me that the Live Chat agents have become confused or something has been lost in translation.

I assume you must have seen the page I linked which has prompted you to ask about them as that shows the pen and keyboard but are clearly maked with the asterisk with the explanation at the bottom.

Therefore when a person asks if they come bundled with the iPad it would make sense to question this due to the asterix.

I asked if you had seen a promotion specifically as I can't see one on the Vodafone Shop.page or in their T&C's page.

The cooling off period of 14 days is in place to protect you so you can cancel and not be charged any early termination fee.