On Sat, 28 Oct 2006 11:21:02 +0100, "Sprite"
<sue.kitchen@ntlworld.com> wrote:

>How long has this saga been
>going on? Why should Vodafone lose £410 to you?

6 months. Not had a correct bill yet.
This they admit (after initially accusing me of lying about the
contract terms).
They do not lose £410. They sold me the phone for £150. They chose the
price. The store manger waived this £150 at his discretion. They were
expecting me to keep the contract for 18 months. They have admitted to
messing up my account and have said they will end the contract early
with no penalty. The way I see it they have no right to claim
ownership of my phone. That is a penalty!

>They admitted they were wrong by offering compensation in your contract and
>allowing you to cancel early. There is no reason that they should lose any
>rights to the phone, IMO.

I have the store receipt that shows my ownership of the phone.
When Vodafone can show me a contract the phone is theirs they can have
it back.

>But the screwups were on the contract. There is no fault with the phone.
>They have no obligation to give it to you for free or anything like that.

There is nothing in the contract that states there are allowed to be
screwups in the billing. Plenty about providing me with service but
owing to the nature of mobile telecommunications it is impossible to
provide a fault free service. IMO this does not cover billing
screwups.
There have been times during my contract when I have not had service.
I accept this.

>Quite how you see it as your property bemuses me... the handsets are
>subsidised. It becomes your property at the end of the contract. Until
>then you are only 'borrowing' it or 'renting' it or something like that.
>The phone is Vodafone's property until the contract is completed, which it
>will not be, hence, it is their property.


Nope, nothing in the contract about me borrowing or renting it.
Nothing about it being Vodafone's phone. In fact the contract is quite
the opposite:

1) Definitions
b) you or your means the customer named on the order form

3) The services
a) we aim to connect 'your' mobile device.....
d) when 'your' mobile device is connected....

And plenty more lines referring to the phone as being mine. Nothing
that states it is Vodafone's. Nothing that states it is loaned, hired,
borrowed or is only mine once the contract is completed.

The only physical thing they claim ownership of in the contract is the
sim card. They can have this back.

>You need to get them to send you or show you something that proves that they
>own the phone. AFAIK, you don't own it until the end of a contract which
>you won't reach :\

The end of the contract is reached when they end it.
They have ended it. They have sent me a PAC. Though they screwed this
up by saying it expired the day before they sent it. Obviously a typo
but I still had to email them to confirm this. Which they did.
The contract ends when I use the PAC.

I can find nothing anywhere that states the phone is not mine already
and from day 1.
I have a sales receipt for the phone.
They have a legal right to make me pay for the air time contract.
They have waived this right by sending me the PAC and stating I can
leave without penalty. They have no legal right to the phone.
Unless they can prove otherwise.

--
Thanks
PajaP