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Yury
Smart-Analyzer
Smart-Analyzer

Hello,

 

I'm a Vodafone customer for cable internet since October 2022.
A month ago Vodafone sales representative came to my house when I was at work. They told my wife that due to cable changing we need to switch to another contract. She said that she can't do anything because the contract is on me and she can't sign the documents. Sales representative said that it's ok and they just need to check our payment data and that they will add a TV option to our contract free of charge. My wife said that we don't need a TV option because we don't even have a TV at home so we don't need it, but the Vodafone guy said it's not a problem because this option is free of charge. The conversation has ended at that point.
Few days later we received a package with (I guess) TV hardware which lays still in our cellar packed.
Few days ago I have noticed that I was charged +50€ to my regular Internet bill and started investigating what could be the reason for this additional payment. I realized that these 50€ were charged for TV option, which was supposed to be free, according to what Vodafone sales representative said, but it wasn't.
I tried to call Vodafone, but customer service couldn't help me, I wrote an email to kundenservice@unitymedia.de, but nobody answered me (interestingly tha case for this message is marked as closed, even though I didn't receive any answer - see attached screenshot).
Finally I realized that there are some documents linked to my Vodafone account and one of them was a new contract for internet and TV package. There it was mentioned that these new TV options are not free at all and I will now have to pay for it till the end of the contract. The date of this contract was the day when Vodafone representative was speaking to my wife.
The worst part of the story is that I've never signed this contract, I've never even seen it before, but I saw “my” signature on it, which is actually not mine, because my signature is different, which can be easily checked if you look at my passport.
I really hope Vodafone can help me with this case because as far as I know forging a signature in the document is considered criminal offense in Germany.

 

Regards
Yury

11 Antworten 11
andreasabaad
SuperUser
SuperUser

Seit 08/22 Ist ist dies ein reines Kunden helfen Kunden Forum. 

Du musst dich an die offiziellen Kontaktstellen wenden.

https://forum.vodafone.de/t5/Vodafone-News/Dein-Kontakt-zu-Vodafone/m-p/1912292#M10954

reneromann
SuperUser
SuperUser

If the Withdrawal period of 14 days from the moment you got the information (either via E-Mail, in your MyVodafone-Account or in that package) has already passed, then you are bound to the contract for the minimum term (usually 24 months), no matter what was said back then.

As only the written information is valid - and if they state that there are charges, you would've needed to withdraw within that 14 day period -- if you haven't done (and neither have checked what is inside the package), then it's solely your fault...

If you would have read my post, you might have noticed that I've never signed a contract.

Two weeks after which date? The date someone signed the contract for me without letting me know?


@Yury  schrieb:

If you would have read my post, you might have noticed that I've never signed a contract.


I have read your post, but you seem to not understand mine. Anyhow, you do not need to sign a contract - and as nobody here was with you whilst this salesperson was at your home, we do not know if you agreed into this contract by giving him a spoken indication. There is (except for very few cases) no need for any written signature in order for a contract to become legally binding -- just think about buying bread at your local bakery shop or odering stuff online...

 


@Yury  schrieb:

Two weeks after which date? The date someone signed the contract for me without letting me know?


Two weeks from the day you were informed about your withdrawal right -- either by (E-)Mail, via postal service or in your online inbox.

As far as I know, Vodafone sends the withdrawal information as e-mail attachment, as well as places them in your inbox -and- includes them in their packets. So if you neither got an email nor have the documents in your inbox (which I don't belive in), you would at least have got the withdrawal information with the packet that you received and stowed without opening.

Everything about withdrawing the (unwanted) contract would've been written in there - but time was ticking...

 

If you haven't opened the packet until now and therefor haven't checked the documents and your withdrawal right, then it's solely your fault. You would've had the chance to withdraw, but if you don't check the documents in time...

Spoken indication for what? To sign a contract for me for a service I don't need?
I need to ask for your attention again to my original post where I said that I FOUND A CONTRACT FOR THE NEW TARIFF IN MY ACCOUNT WITH THE SIGNATURE THAT WAS SUPPOSED TO BE MINE, BUT IT WAS NOT.
Sorry for caps, but doesn't that mean that in this particular case the signature was needed? There was also a SEPA mandate with "my" signature at the end of the document. Or do you think that a SEPA mandate doesn't need my signature either?

I don't care about the date when I was informed of the change, because the whole thing with the new contract was illegal because, once again, the contract was not signed by me.

Would it be ok if I sent you a postcard informing you that you had sold me your flat for €1 because I had signed a contract on your behalf, because you had given me a 'verbal indication' that you agreed, and two weeks later I kicked you out of your flat because you were informed? According to your logic - yes.

If your signature was faked, go to the police and file charges. Send a copy of the police document to Vodafone and tell them that no contract exists. Go to your bank and call back the wrongly taken money. Only do that if you are *really* sure that not maybe your wife signed anything.

To contact support, do *not* use the phone but try it via WhatsApp (support in English should be available there, too). If you call, you land at external callcenters, the agents there don‘t know much, can‘t see many details in the system and have little rights to make any decisions (but often try to make a little extra on the side by selling contracts).


@Yury  schrieb:

Spoken indication for what? To sign a contract for me for a service I don't need?

As nobody here was there, we don't know what was said and what wasn't.

We can only assess the situation from what you tell us here and what is inside of that package.

 


@Yury  schrieb:

I need to ask for your attention again to my original post where I said that I FOUND A CONTRACT FOR THE NEW TARIFF IN MY ACCOUNT WITH THE SIGNATURE THAT WAS SUPPOSED TO BE MINE, BUT IT WAS NOT.
Sorry for caps, but doesn't that mean that in this particular case the signature was needed?


Telecommunications contracts - as most contracts - do NOT require a written signature nor do they need to be done in writing at all.

 


@Yury  schrieb:

There was also a SEPA mandate with "my" signature at the end of the document. Or do you think that a SEPA mandate doesn't need my signature either?


If there already was an existing SEPA mandate, there is no need for a new one. Usually it is then only stated that the existing one is to be used again -- so: also no signature needed.

 


@Yury  schrieb:

I don't care about the date when I was informed of the change, because the whole thing with the new contract was illegal because, once again, the contract was not signed by me.


And as I said - you don't need to sign the contract at all. If you believe this contract is illegal, feel free to hire a lawyer to sue that salesperson and convince Vodafone that you never opted for a contract, but keep in mind that there is no guarantee that this is successful.

 

It would've been much easier to withdraw wihtin the withdrawal period - but you missed this option as you -from what you said- never checked the documents inside of that package that you received.

 


@Yury  schrieb:

Would it be ok if I sent you a postcard informing you that you had sold me your flat for €1 because I had signed a contract on your behalf, because you had given me a 'verbal indication' that you agreed, and two weeks later I kicked you out of your flat because you were informed? According to your logic - yes.


Bad example as selling apartments is one of the cases where a written signature is needed - even more, this contract needs to be done by a notary and signed in person with that notary in place.

 

Anyhow - given that it would be possible - you would still be required to inform me about my withdrawal right. If you did so and the 14 days passed, the contract would become binding if I wouldn't withdraw. Anyhow if I would withdraw in time, the contract would be void -- and if you wouldn't inform me about my withdrawal right, the withdrawal period would never start (which is up to you to provide proof about the fact that you sent me the withdrawal information). If I anyhow would think that this contract is fake, I would be required to provide proof of it being fake.

 

But in your case, as you already opened the thread with the fact that a salespersion visited you, it will become much harder to provide such proof.


@Peter_Co wrote:

but try it via WhatsApp

Thanks, that was a useful one: via WhatsApp the problem was solved - TV tariff closed and refund process initiated.

And yes, I'm still thinking of going to the police because I was shocked that such things are possible in a big and well known company like Vodafone.

I‘m glad that it worked out for you. The problem is that in most stores and with those people going from door to door you don‘t deal with „real“ Vodafone employees but with independent companies that make their money with selling VF products. The more they sell, the more money they make. Especially the door sellers often are under heavy pressure by their bosses and have to fill a quota of sales to bring in. The idea of cheating isn‘t far away under such pressure, which doesn‘t make it right but explains it. And Vodafone says „It wasn‘t us, we don‘t accept such behavior and fire such agencies if we hear about it.“. But that whole system is messed up, and in my eyes those who use it are responsible for its abuse, too.