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Topic # 65797 6-Aug-2010 17:34
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Hi

Today I went into Digital Mobile in Manners Mall Wellington.

On going there I found out that they had received a new shipment of iphone 4G handsets.

So I bit the bullet and decided to get one.  On finding out that they were only available on contract I decided to do the old sign/cancel as had been detailed in GeekZone.

I signed up to a 24 Month iphone 40 plan.  All was good and then when finished asked how to disconnect.

I was told that they couldn’t do it in the shop and that i would have to call 777.

So once back at work i did this and spoke to 2 CSR's (1st transferred me to the retention line) and explained that I wanted to use prepaid on my iphone and was told that the cost to break the contract would be $430+gst.  I checked that this was the only cost that would be charged.

Fantastic so the contract was cancelled and the new number went dead.

Then this afternoon I was called by Vijay who is the franchisee for Digital Mobile in Manners Mall asking for either the iphone to be returned or an additional $480+gst to be paid as a subsidy payment.

On saying no I was told that a debt agency would be involved to recover the cost. He also said that he reserved the right to get Vodafone and Apple to blacklist the phone for service.

He stated that the reason for this was that Vodafone only credits connections and subsidies after 6 Months and even

though I have paid $430 to end the contract he would not get any of this.  in addition I had only ended the contract with Vodafone and not digital Mobile.

He stated in his argument that Vodafone had contacted Digital Mobile about my cancellation (I feel so special) and the local area manager had contacted Vijay.

He also stated that I had been told when calling 777 that I would have to return the iphone to the place of purchase.  FYI I wasn’t and am happy for the CSR tapes of my call to be looked at if needed.

He also stated that both his assistants had told me that I would have to return the iphone if I cancelled. This was not the case and I didn’t get told at the point of signing the contract, or after I asked how to cancel.  I was just told dial 777 when asked how to cancel.

On saying this I was told that it would be their word against mine.

FYI at no point was I offered a copy of the VF T&C and the contract I signed doesn’t have them ticked as read.

Now before doing this I researched this and Paul Brislen of VFPR has stated in topic http://www.geekzone.co.nz/forums.asp?forumid=40&topicid=65194: "You don't give the phone back if you pay the ETCs."

Now when this was pointed out to Vijay he has stated that this is Vodafones point and not Digital Mobiles.

So I have made this post to ask VFPR the following

1. Are you aware that Retailers are not providing the VF T&C and checking that they are understood.

2. Are trying to Bully People when they break contracts. (Imagine if i was a little old lady being threatened... luckily I’m not)

3. Are stating that they would get staff to state items that are not truthful on the precedent that its their word against yours

4. Are stating what Vodafone CSR’s have said without any evidence (recorded calls will answer this one)

Now I am happy to assist and if you need Paul I can authorise the CSR tapes to be released (FYI I don’t have any issues with them)

Chris

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  Reply # 364350 6-Aug-2010 17:54
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Yes you’re right, but what concerned me was that I could be somebody who cannot handle being bullied.

Being threatened with bad credit score, people coming round to collect money is something that can worry people in a very bad way.

I was given till 6pm today to comply so let see what happens after that.

i am going to fight this one for the little people....

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  Reply # 364355 6-Aug-2010 18:05
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I think the Vodafone branded stores' staff or managers are all pretty ruthless, and without the compassion and professionalism and knowledge of the Vodafone retail stores.

I have avoided or never to go to Digital Mobile and First Mobile at all simply because of their lack of professionalism. In this case, it is just totally unacceptable that they're using bully tactic.

TBH, the very least I would have done is make full use o the first month because you are/have/will have to pay for it, and you got 3GB of data to use as well... But all that is history now.




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  Reply # 364359 6-Aug-2010 18:10
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freitasm: IANAL but you have a contract with Vodafone, not Digital Mobile...



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I would love to see Digital Mobile produce a signed contract from you in ADDITION to the contract you signed with Vodafone.....


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  Reply # 364373 6-Aug-2010 18:33
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Sounds just like the non Telstra owned t-life stores adding their own "surcharge" onto the devices they sell!

http://www.smh.com.au/digital-life/iphone/telstra-tlife-stores-rorting-iphone-4-customers-20100803-1...




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  Reply # 364383 6-Aug-2010 18:50
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Yep, true, but in this case the contract was a Vodafone one that refered to the Vodafone T&C's.

From the sounds of this the Tlife stores were adding to their own contract.

Hopefully vodafone can comment on this , but its the weekend and everybody needs a break.

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  Reply # 364388 6-Aug-2010 19:03
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According to the Companies Office Vodafone owns 25% of Digital Mobile (Centurion GSM Limited as far as I know) which is a franchise operation. It will be interesting to see what happens in this case. I would advise going to see your local Community Law Centre for some advice. I would imagine they would tell you that you have no obligations to the store at all and to tell them to go away. If they send it to debt collectors you will need to take action against them in the Disputes Tribunal so you have an order saying you don't owe them any money which will enable you to get anything on your credit report removed.



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  Reply # 364400 6-Aug-2010 19:29
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Thanks for the advise. Had a similar thing in the UK when i got a Debt Collector coming round for 200 Pounds. Shame i had a credit note for 200 pounds that cleared the debt.

I work on the "read what you sign" methodigy and that is what i did so i am not worried. More worried about the attitude of Digital Mobile on others.

But watch this space..

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  Reply # 364402 6-Aug-2010 19:33
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So what wait a minute.

You buy a iPhone, you cancel your plan, you have already paid, why must you pay this money and get nothing out of it? I think Digital Mobile are quoting absolute bs here, they can not do that to you ever. They sell products for Vodafone, Vodafone then control your account. If you wish to not have the account you are free to do this, that's afterall what ETC's are for (to cover the price of the phone)

You have paid the ETC's - You have paid for the phone, it's yours. There's no need to return it. If you return it you are not gonna get any money out of it instead you will lose out on this - so what's the point?

This is not a part of the contract you agreed to, so don't agree to it. You have been misinformed netherless. They do not own the phone, you bought it. You just canceled your contract with Vodafone - that's got to do with Vodafone, and not them.

If they dare get the collectors over, you can take them to court and win.

(I have worked for First Mobile, so I know the processes behind this, plus also one of the staff members that works there I have trained up. Go in and ask for Frazer, I am sure he would love to hear what I have had to say)




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  Reply # 364416 6-Aug-2010 20:10
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Fair Go would love this sort of thing..




Regards,

Old3eyes




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  Reply # 364419 6-Aug-2010 20:14
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Personally my impression was that it was scare tactics.

I will give fair go a shout if this goes further as the big question is.

Am I alone in getting this treatment?

How many people have given into the bullying?

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  Reply # 364442 6-Aug-2010 20:51
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Might be better to post this on the vf forums if you havnt done so




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  Reply # 364443 6-Aug-2010 20:54
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Whilst i didn't buy a phone / got threatened, i was given spoken to very rudely & treated like a criminal for wanting to buy an iphone outright. I didn't outline i was going to do what you did but simply asked what the termination fees were after asking can i buy outright & what the plan options were. I pretty much got kicked out of the store there and then & i was refused any sale. At that stage i had not decided what i wanted to do, but oh well.

It does not surpise me you got this level of service from Vodafone / Digital Mobile. It does surprise me you have been threatened. They don't have a leg to stand on.




 

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  Reply # 364449 6-Aug-2010 21:02

Definitely don't give the phone back. Refuse to pay it and they might take you to court -- but you'll obviously win since you're completely in the right. Just politely say "I'm not obliged to pay any more fees" and hang up if they try contacting.

Maybe Paul B or John R have some input?

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  Reply # 364451 6-Aug-2010 21:04
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Ha

Another VFNZ fiasco! Selling the iPhone must make them think they are Steve Jobs!

They seem to live in a similar world of their own.

Ask them for to show you the part in your contract that shows these extra fees.

Then print out the thread where Paul Brislen states what fees are payable.

Dont back down you are in the right man!




 


The force is strong with this one!

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