# Movistar trying to drive me nuts!



## Hoctr (Jun 14, 2011)

Hi Guys,

I took out a new contract with Movistar 3 weeks ago (having been on a pay as you go for a year). Getting the contract wasn´t easy in the first place with every shop I went to telling me a different story. Eventually I managed to get a phone with contract but wasn´t able to keep my old nyumber, not sure why.

Anyway, the phone worked great for a week, then the line was cut off without warning. Tried for a week to get it resolved, but no explanation or solution.
Now they are telling me I have to pay a 300 euro deposit to continue the contract.
If I had been told this before signing the contract, I wouldn´t have.

Now nearly three weeks have passed, two of which I have had no phone for, and the problem still continues.

Neither the movistar shop where I bought the phone nor the telephone customer service want to help me. 

If I want to continue I have to pay 300 deposit; which I refuse to do as I think it is unfair and legally questionable to demand this after the establishment of a contract.

If I want to cancel the contract I must pay a cancellation fee and the price of the phone I was given for free as part of the deal which will cost more than the 300.

Neither of these options seem acceptable to me and I don´t think that I should have to accept one. I would like to just return the phone, cancel the contract and wipe my hands clean of movistar for ever.

I am a resident here with a work contract and have no bad credit history, and a spanish bank account. Yet they can´t explain why I must pay a 300 euro deposit when it is not standard practice and nobody I have spoken to, not even the assistants in the movistar shop have ever heard of such a case before



Please, if anyone can offer any advice, inform me of my rights or tell me about similar problems they have encounterd I would be very apreciative.


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## gus-lopez (Jan 4, 2010)

First ,I'd go back to the shop where you bought it & ask for the complaint forms. ( Hojas de reclamación ) 
It's 3 part , 1 for you , 1 for the shop & 1 for the council. If they object or say they haven't got any call the Policia local there & then , as it's an offence on it's own to not have any or to deny the customer the right. The shop sold you the phone & contract on behalf of movistar, it's their problem. They should have just changed you on to contract keeping the same number !
Second ,go to the OMIC ( Oficina Municipal de Información al Consumidor ) Explain it to them & they will investigate & arbitrate. 73% of all yearly complaints to them are regarding Telefónica / Movistar.


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## Alcalaina (Aug 6, 2010)

There is also a government department dealing with telecomms complaints. We wrote to them a couple of years ago and evventually got a refund from Telefonica for a long period when we had no internet.

Oficina de Atención al Usuario de Telecomunicaciones - Oficina de Atención al Usuario de Telecomunicaciones


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## dunmovin (Dec 19, 2008)

gus-lopez said:


> First ,I'd go back to the shop where you bought it & ask for the complaint forms. ( Hojas de reclamación )
> It's 3 part , 1 for you , 1 for the shop & 1 for the council. If they object or say they haven't got any call the Policia local there & then , as it's an offence on it's own to not have any or to deny the customer the right. The shop sold you the phone & contract on behalf of movistar, it's their problem. They should have just changed you on to contract keeping the same number !
> Second ,go to the OMIC ( Oficina Municipal de Información al Consumidor ) Explain it to them & they will investigate & arbitrate. 73% of all yearly complaints to them are regarding Telefónica / Movistar.


Gus, that won't work. Most of the shops are franchise operations, which means even if the complaint is upheld against the point of sale,it won't do a thing against Moviestar(that's why the sales points are stuctured that way.As you say 73% of complaints are regarding this lot, and they found a way to deflect them) The complaint has to be made at a registered moviestar office (if you can find one) The OMIC is the best option.


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## Morten (Apr 20, 2011)

Is there a monthly payment on top of the deposit - or is it pure usage?
If theres no monthly contract fee...how about getting a kid to unlock the phone - and stick a sim from someone else in it? (Id still do all the complaints etc, but at least youll have a working phone whilst fighting them)


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## Happyexpat (Apr 4, 2011)

That would work BUT be very careful, Movistar whether they are right or wrong (usually wrong) do not hesitate to put a denouncia in which gives you a bad credit rating or even try to take the money from your account. It is then passed on to a debt collection agency who will pester you. They are a shower and I am aware of people in the same position as yourself.


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## Hoctr (Jun 14, 2011)

Thanks for the advice everyone.
I went to the shop yesterday to get the "hoja de reclamaciones" the guy was nice and told me it was stupid to be taking it up with them as they are not the ones looking for the deposit.
Anyway he wouldn't let me leave with the sheet and insisted I filled it out there in front of him!
So instead of possibly making a balls of the Spanish I decided to return today with a Spanish friend and a clear idea of exactly what to write.
I really have no desire to spend the little free time I have fighting with and worrying about movistar

I have blocked all payments to them from my bank account, I'm going to write movistar a letter to say I don't intend to continue the contract nor do I intend to pay a cancelation fee, and they can have they're mobile phone back whenever they want. 
I am going to buy a pay as you mobile phone today with Yoigo as I need to be contactable, and I won't waste anymore time with movistar!
I wish I believed it were going to be so easy, but that's my intention.

If they do put a denunciacion on my credit rating how can I tackle that? Should I also send a copy of my letter to a consumer authority or government body?


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## Hoctr (Jun 14, 2011)

dunmovin said:


> Gus, that won't work. Most of the shops are franchise operations, which means even if the complaint is upheld against the point of sale,it won't do a thing against Moviestar(that's why the sales points are stuctured that way.As you say 73% of complaints are regarding this lot, and they found a way to deflect them) The complaint has to be made at a registered moviestar office (if you can find one) The OMIC is the best option.




Just another thought
I realise that the shops are only franchises but surely the onus of any product or service working correctly is on the initial seller!?
I know this would be the case in my own country and I believe it is so in most European countries. If I buy food from the supermarket the responsibility to supply quality is on the shop and not the farmer or producer.


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## Pesky Wesky (May 10, 2009)

Hoctr said:


> Thanks for the advice everyone.
> I went to the shop yesterday to get the "hoja de reclamaciones" the guy was nice and told me it was stupid to be taking it up with them as they are not the ones looking for the deposit.
> Anyway he wouldn't let me leave with the sheet and insisted I filled it out there in front of him!
> So instead of possibly making a balls of the Spanish I decided to return today with a Spanish friend and a clear idea of exactly what to write.
> ...


Unfortunately you are not allowed to take the complaint sheet away with you, so the guy in the shop was following the correct procedure. He may well be right that your complaint isn't with the shop, but you don't lose anything by doing it, (only your time) so going back with a friend is a good idea I think.
If you send the letter, make sure you send it certified at least.
The OMIC is still there too as I think others have mentioned.
Hope things get sorted out soon.


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## pladecalvo (Aug 11, 2010)

Had a similar problem with Vodafone. I went to my local _*Oficina Municipal de Informacion al Consumidor.*_ They served a denunciation against Vodafone and Vodafone backed down immediately. 

Your local _Oficina Municipal de Informacion al Consumidor_(OMIC) do not charge for their service.


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## pladecalvo (Aug 11, 2010)

Hoctr said:


> Just another thought
> I realise that the shops are only franchises but surely the onus of any product or service working correctly is on the initial seller!?.


Doesn't seem to work that way here. The best you'll get is that they'll send it off for repair for you.


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## Happyexpat (Apr 4, 2011)

Stupid I know but I have just found out that with vodafone I am paying 15c per minute plus 15c connection charge on a business contract vodafone to vodafone; what a rip off. Vodafone to another network on our business contract 15c connection plus 32c per minute, again a rip off. Time Spain caught up with the rest of Europe! It's actually cheaper on a private contract!


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## NotinUse (Oct 3, 2009)

I had a vodafone PAYG for 8 years and just discovered after returning to Spain its dead. They inform me you now need to top up every 6 months no grace period and then you lose the number and the credit. Before it was 9 months then 3 months grace thereafter. 

Looked at hits but although they claim cheap rates they also have a dubious connection charge which could end up costing more than just a set tariff.

Bottom line is they are all a law unto themselves and all devious, I will probably end up going with Yoigo PAYG as the sim is €20 and you get that back in call credit and see if I can mess that one up, at least its not something I rely on thank goodness.


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## gus-lopez (Jan 4, 2010)

NotinUse said:


> I had a vodafone PAYG for 8 years and just discovered after returning to Spain its dead. They inform me you now need to top up every 6 months no grace period and then you lose the number and the credit. Before it was 9 months then 3 months grace thereafter.
> 
> Looked at hits but although they claim cheap rates they also have a dubious connection charge which could end up costing more than just a set tariff.
> 
> Bottom line is they are all a law unto themselves and all devious, I will probably end up going with Yoigo PAYG as the sim is €20 and you get that back in call credit and see if I can mess that one up, at least its not something I rely on thank goodness.


Every mobile provider has a 15c connection charge.


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## Rodicus2013 (Mar 8, 2013)

Understand your frustration totally, the servive is akin to makia style business..they tried to charge me for a mobile I never had with them...I asked to look for the concract which would have my signature of course so as they would see none in fact existed ergo proving they made a mistake. Two weeks ago I gave them ultimatum that I would cancel all services ie landline, tv, internet - costing us about 160 -200eouro monthly if not sorted in one week. They assured so, but again, didn't do. I in the last hour cancelled everything, and also called my lawyer. If your curious and wish to see the worst service you could imagine, sign up today....but repent at leisure you will! lol I'm new here, but will post all the facts of this case soon when I can post. This is a great forum, an absolute must for all expats - wish I had of seen it before signing any contracts out here..chat again soon.


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## Onetime (Mar 7, 2016)

*Movistar roaming alert*

Went to Andorra to ski. 

My kid was watching some videos. I was with him. 

My sons VIVE 13 contract was charged €3612,27 for 7 roaming sessions. We never received warning emails at all. I thought this was Europe. I can't believe what they are charging me. This is pure theft.


Not sure how to handle this. Go to a lawyer?


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## Horlics (Sep 27, 2011)

I hope you enjoyed the videos.

This is Europe.

You might not be able to believe it, but is it in accordance with what they said they'd charge you when they explained the tariff to you. I suspect it is.

It's not theft, but it is very unfair and they should, IMO, have systems to prevent accidental usage of this kind, like emails, etc.

In your position I would go to the company and try to come to some kind of arrangement.


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## Onetime (Mar 7, 2016)

Thanks for the advice. I will do that today.


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