Contract migration without Authorisation

[simmyjiff]

After 30 years Vodafone has migrated my monthly contract to a third party seller without my authorisation, is that legal?

This Company have now imposed significant changes to my contract and extended it by b extra years, is that legal/

thanks

Jim

[jeffkinn]

Yes they can migrate your contract to a third party because you agreed to that when you agreed to the terms and conditions of the phone contract.

No they can't extend the terrm of the contract by years without your agreement. What exactly has happened?

[simmyjiff]

In April 2018, changes were imposed upon my Vodafone mobile phone contract without my knowledge or formal acceptance, I did not request any changes because the contract was due to upgrade in November2018. I did however call xxxxxxxx but this was only to enquire about a new charge I had noted in my account, that is all. The Sales Manager I spoke to didn’t appear to be interested, instead he attempted to sell me a new deal, in his words, to make my existing Tariff more economical, I was ambivalent about the whole situation, I was happy with my existing arrangement and didn’t really think changes were necessary, I didn’t infer my acceptance to the offer but said I would review it as and when I received it.

I was later advised that the initial discussion forms part of a contract negotiation, if so, the following items were missing from the conversation.

• Material information omitted, that I, an average consumer needs, according to the context, to make an informed decision about a transaction.
• There was no declaration from the Sales Manager confirming the discussion would form the basis of the changes to the contract, he did not ask me if I agreed with the details discussed.
• There was no clear statement or understanding that a new contract was being discussed.
• That the changes would be deemed as an upgrade.
• There was no warning, that the contract would be extended for a further term of 2 years.
• The new rates did not reflect the current low usage particularly on my phone, in the end there was no reduction, in fact I am paying a higher tariff for my contract than the previous one, £65 (ex vat) and that doesn’t include new phones!! How unfair is that, it means I am paying, over the extended period of 24 months, the obscene amount of £1,560.
• The Sales Manager did not refer to my current usage in order to give me the Best Deal, I wasn’t asked what I wanted to do.
• No explanation was provided as to how the reductions were to be facilitated, I have since learned this by means of a so-called ‘Hardware Fund’, no further details provided.
• The whole situation has been misleading and not complying in any way to Vodafone’s sale protocol.
• Despite several requests’ copies of the recorded telephone conversation have not been received under the current Data Protection Act.
• My rights and procedures of cancellation were not explained to me.

Sorry, this is a bit long winded but as you cab see its been going on for a long time, the company have denied every request for information, I am now taking it to Trading Standards and Ofcom.

Thanks

Jim

[AnnS]

Hi @simmyjiff 

You don't mention the name of the third party seller.

If you were not happy with the agreement, you should have done something about it immediately April last year and not left it for a further year before raising a dispute.  

The problem now is going to be you will a third party customer and all Vodafone will be responsible for is providing the airtime on behalf of the third party and this will mean taking it up with the third party.  However, they would have gone through the contact before you said you would review it as and when you received it.

Trading Standards are a local government service and do not help with individual consumer complaints and Ofcom are the industry regulator and although they will give general advise, they will not handle individual complaints, you will need the Communications Ombudsman.

[simmyjiff]

Sorry, I should have made the situation clearer.

TalkUk Telecom, the company, Vodafone migrated me to, significantly changed the detail of my Contract without my knowledge or subsequent approval, the date of the Terms and Conditions was 26th April 2018, but I didn’t receive a copy until 14th August 2018, and that was only because I complained!

In their own words, the Company state they ‘presumed I had approved the terms and conditions’ and went ahead and made the changes, this is not acceptance!

I have spoken to at least 5 people in Vodafone’s customer complaints department, and all have said the Company have acted improperly, despite having their (Vodafone’s) blessing they are not following the protocols, or those recommendations made by Ofcom. Incidentally Vodafone have also refused to discuss the situation with me, confirming that any complaint should be made directly to The Company.

My file is currently at least and inch thick, filled with emails and letters sent to the Company since 14th August 2018, and every point I have made has been ignored, they can’t even send me a copy of my acceptance because of course there is none, they have also stated they don’t need my approval, how naïve is that? If they are applying the same methodology with all their clients, then none are receiving protection under current Consumer Protection from Unfair trading Regulations 2008.

The Communication Ombudsman have written to me to advise that my complaint is outside the terms of reference, because the Company is a third-party re-seller and/or broker and they don’t have to sign up to an ombudsman, I wonder why that is?

As far as I can determine the company are in Breach of my Contract and it should be dissolved.