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  # 227670 23-Jun-2009 11:36
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argh paying full price for a the handset and now a term as well.




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  # 227673 23-Jun-2009 12:13
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If I have been signed up for a 2 year contract against my will (with understanding that this was not going to happen) then I would expect that the contract would not stand.

At the very least, I would be credited the amount due for 2 year iPhone 400 minute plans.

Anyone know how much that credit is?

 
 
 
 


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  # 227675 23-Jun-2009 12:18
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Ask to see the contact. If you dont have a copy they need to produce a copy to prove you are even contracted to this plan.

If you were actually incorrectly told of terms that have since proven untrue, I think you have a very valid case for voiding the contract without penalty. ie. they wrongly told you untrue statements in order to get you to sign a contract. It is clear your intention was to be out of contract, hence why you purchased the handset without a contract price reduction. Dont be pushed so easily and you may actually get what you are entitled to..

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  # 227676 23-Jun-2009 12:25
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I agree. If you were so adamant about NOT being in a contract with VF staff as you have been saying here on this thread then I think it's time to go up the ladder until you get to Fair Go.



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  # 227679 23-Jun-2009 12:33
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lol - to be fair, I haven't yet spoken with the rep who originally increased the plan from 250 to 400 minutes. (This Thursday)
I'm hoping he will recall/have good notes on the account.


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  # 227695 23-Jun-2009 14:14
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Well dont worry i just got my last invoice and they have added GST to the term amount when there website says including GST,

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  # 227700 23-Jun-2009 15:08
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It's fair enough for Vodafone to make you sign a 24 month contract on some plans (that's up to them, I think its ridiculous and is the reason I left them but anyway...). What's not OK is that usually you'd get the iPhone much cheaper if you sign up for the 2 years so why didn't you get that subsidy? They can't have it both ways...

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  # 227716 23-Jun-2009 16:32
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I helped a friend in a similar situation about a year ago (related to a blackberry and the email service plan). They had also been assured that they were not on a term contract at the time of purchase and then told they would be charged fees when they went to cancel it 6 months later.

In the end we said to vodafone either show us the signed contract relating to the term or let us cancel with out restocking fee.

The good news was they let us cancel without fee :)

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  # 227821 23-Jun-2009 22:56
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I think it would fall under this part of the CGA:

Service providers guarantee their services will be:
* Performed with reasonable care and skill.

I would read up on the disputes tribunal process if I was in your position:
http://www.consumer.org.nz/category/legal-rights
http://www.consumer.org.nz/reports/disputes-tribunals/introduction




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  # 227830 24-Jun-2009 00:20
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mattlaing: If I have been signed up for a 2 year contract against my will (with understanding that this was not going to happen) then I would expect that the contract would not stand.


Unless the rep held a gun to your head and you signed the contract under duress, I doubt you'll get out of it with this excuse.  I'm not saying don't try, but I don't think it'll work Smile

It doesn't matter what a rep says, you should always read and understand what you are signing.  If you don't understand the terms, ask to take a copy away and get your lawyer to clarify.

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  # 227831 24-Jun-2009 01:02
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nate:
mattlaing: If I have been signed up for a 2 year contract against my will (with understanding that this was not going to happen) then I would expect that the contract would not stand.


Unless the rep held a gun to your head and you signed the contract under duress, I doubt you'll get out of it with this excuse.  I'm not saying don't try, but I don't think it'll work Smile


It doesn't matter what a rep says, you should always read and understand what you are signing.  If you don't understand the terms, ask to take a copy away and get your lawyer to clarify.


I disagree; a contractis more general than most people realise.  In fact when you buy a can of chicken soup from the supermarket you enter a contract to purchase the goods in return you pay the required agreed upon price..  In this case we are talking about a fixed term contract that has rules set down if either party wishes to exit the agreement.  This agreement still falls under the Fair Traiding Act and specifically Section 13 "False or misleading representations"



False or misleading representations

No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,—

(a)
 
make a false or misleading representation that goods are of a particular kind, standard, quality, grade, quantity, composition, style, or model, or have had a particular history or particular previous use; or

(b)
 
make a false or misleading representation that services are of a particular kind, standard, quality, or quantity, or that they are supplied by any particular person or by any person of a particular trade, qualification, or skill; or

(c)
 
make a false or misleading representation that a particular person has agreed to acquire goods or services; or

(d)
 
make a false or misleading representation that goods are new, or that they are reconditioned, or that they were manufactured, produced, processed, or reconditioned at a particular time; or

(e)
 
make a false or misleading representation that goods or services have any sponsorship, approval, endorsement, performance characteristics, accessories, uses, or benefits; or

(f)
 
make a false or misleading representation that a person has any sponsorship, approval, endorsement, or affiliation; or

(g)
 
Make a false or misleading representation with respect to the price of any goods or services; or

(h)
 
Make a false or misleading representation concerning the need for any goods or services; or

(i)
 
Make a false or misleading representation concerning the existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy; or

(j)
 
Make a false or misleading representation concerning the place of origin of goods.


The Rep who sold the phone and plan to the OP misrepresented a key term of their contract, it was fixed (apparently).  The OP has every right to dispute this contract, its terms were either purposefully or inadvertently not disclosed!!


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  # 227848 24-Jun-2009 08:01
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Common sense would say that no one in their right mind is going to sign up to a two year conract without some sought of inducement, ie. handset subsidy. Since the OP didn't get any inducement in this case it is reasonable to suggest that he was unaware of what he was signing so hopefully VF will be reasonable about it and do the right thing.

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# 227902 24-Jun-2009 11:16
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itxtme: The Rep who sold the phone and plan to the OP misrepresented a key term of their contract, it was fixed (apparently).  The OP has every right to dispute this contract, its terms were either purposefully or inadvertently not disclosed!!


Is it not up to the OP to have properly read the contract and understood what they are signing though?

Stu

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  # 227921 24-Jun-2009 12:27
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In a similar situation where the rep on the phone said one thing, and the contract faxed to me said another, I wrote on the contract in ink what had been verbally agreed to/offered then signed it and faxed it back. As far as I'm concerned, if they still provide the service then they've agreed to the amendment.

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  # 227936 24-Jun-2009 12:53
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@Nate

Not if the representative of the provider party has misrepresented the terms of the service. In other words you cannot sell a service or product and in order to make the sale, state terms which are in fact not true.

The contract is disputuble, although I admit it is messy especially when it will be his word against yours... Thats if they can even supply a copy of the contract..

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