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HTC Desire Vodafone 500mb Fair Usage Policy
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CitySlicker wrote: »The problem is legally for people trying to cancel, you have to be charged the new fee that increases your bill by 10% or more first before you can invoke your legal rights.
Herein lies the rub. A very small number of people have been let off after they kicked up an almighty stink (myself included, I think it was sending recorded phone calls to the Director's office that was the tipping point for me). Legally though Vodafone did not have to let me go at this point because I had not yet been charged. They said on their website they would let people go who had received the text message which mentioned the £5 charge but it appears they are reneging on this.
The fact of my case was once Vodafone started getting my back up, I didn't want to stay. I wanted out. They indicated I could get out, when it appeared I was about to have problems I poured petrol on the flames and got out. Vodafone have a problem now. The whole charges issue has been done by the back door and Vodafone hoped we would all be quiet about it. On the current Vodafone forum thread there stands 530 posts and 18,242 views. This thread currently has 1,557 posts and 82,881 views. There are lots of people watching these threads and clearly hundreds (if not thousands) of people waiting to cancel. You can bet Vodafone did not expect this.
As soon as you get charged, legally I would interpret that for the very vast majority as your green light to cancel and whilst Vodafone may quibble, they cannot do anything to stop you. Right now people have not been charged though so there is no legal right, only the sinking sensation some have been allowed to cancel whilst others hang in the balance. So far no-one has suffered a material detriment.
Given how close we are to October now, I should imagine the delay is as a result of the thousands of posts now out there on the web, Vodafone will be weighing up how many people they think are aware of their right to cancel, how much this will cost Vodafone in lost revenue, and they may well backtrack on this decision for existing customers who are still in their minimum term.
The more this strings out, the more it looks like existing customers will be left alone and not charged so they don't have the right to cancel. If this is the case, you are truly unlimited and have got exactly what you signed up to so this should be good news for all.
I had interpreted this affair slightly differently. The pricing structure forms part of the contract each of us signed with Vodafone, along with the Terms and Conditions. In order to charge people for going over their FUP, they have had to introduce a new charge - I have had it confirmed by numerous Vodafone staff that this is a new charge. The introduction of this new charge constitutes and change to the contract that each of us signed. We are within our rights to refuse to accept this change, especially if we are able to demonstrate that the introduction of this new charge will leave us at a significant financial disadvantage.
The 10% rule is something stipulated by Vodafone and is different to our rights as consumers. Our rights as consumers cannot, by law, be overridden by any Terms and Conditions of a contract (i.e. if the law says we can cancel but the Terms and Conditions say that we can't, it is the law that wins)
Andy0 -
musical_norwich wrote: »What really annoys me is that we, rather than OFCOM, have to fight these battles. Why isn't OFCOM telling Vodafone that it can't do this?
Vodafone does not have a legal leg to stand on.
There has always been a fair use policy in place in the contract, it's just never been enforced. There is now a change in tarrif, it's not a change to your contract.
Vodafone deciding to charge if you exceed this policy is a commercial decision. OFCOM have no influence on any commercial decision of a Mobile company, hence they will not get involved.
Interestingly o2, TM and Orange all have a similar policy in place, with similar costs and allowances, all introduced in pretty much the same way. How come only Voda is getting so much stick?
EDIT: OTELO are not interested either, see http://forums.moneysavingexpert.com/showpost.html?p=34658235&postcount=13420 -
Not sure if this is relevant or not, but I've just received my latest bill from Vodafone... and it's for almost £10 less than it should be. My pay monthly contract is for £30, yet my bill was for £20 plus a few pennies.
My contract isn't being terminated until my PAC code goes through with my new network (Giffgaf - seeing as they offer truly unlimited net usage until at least Decemer) which'll hopefully be early next week, so I'd assumed I'd receive a full bill this month (the bill date is correct), and then a bill for whatever portion of next months usage I get through before my transfer is completed.
Just wondering if anyone else who's been lucky enough to cancel has received an odd bill?0 -
Not sure if this is relevant or not, but I've just received my latest bill from Vodafone... and it's for almost £10 less than it should be. My pay monthly contract is for £30, yet my bill was for £20 plus a few pennies.
My contract isn't being terminated until my PAC code goes through with my new network (Giffgaf - seeing as they offer truly unlimited net usage until at least Decemer) which'll hopefully be early next week, so I'd assumed I'd receive a full bill this month (the bill date is correct), and then a bill for whatever portion of next months usage I get through before my transfer is completed.
Just wondering if anyone else who's been lucky enough to cancel has received an odd bill?
could be that your account has been updated with a new end date?The difference between genius and stupidity is that genius has its limits0 -
There has always been a fair use policy in place in the contract, it's just never been enforced. There is now a change in tarrif, it's not a change to your contract.
Vodafone deciding to charge if you exceed this policy is a commercial decision. OFCOM have to influence on any commercial decision of a Mobile company, hence they will not get involved.
Interestingly o2, TM and Orange all have a similar policy in place, with similar costs and allowances, all introduced in pretty much the same way. How come only Voda is getting so much stick?
EDIT: OTELO are not interested either, see http://forums.moneysavingexpert.com/showpost.html?p=34658235&postcount=1342
i was lead to believe that the other networks have introduced these new data tariffs for new customers only. Existing contracts will run until they expire.The difference between genius and stupidity is that genius has its limits0 -
ZootHornRollo wrote: »could be that your account has been updated with a new end date?
Not as far as I can tell. There's nothing on the bill or my account pages to confirm this, and in all the communications I've had from Vodafone, they state that my account is to be cancelled on 30th September.
And having just read that paragraph back to myself, that's why isn't it! D'oh. How thick am I? We pay in ADVANCE, so that's my charge up till the end of the month! *facepalm*
I can smell freedom from the ineptness of Vodafone growing ever closer!!!!0 -
There has always been a fair use policy in place in the contract, it's just never been enforced. There is now a change in tarrif, it's not a change to your contract.
Vodafone deciding to charge if you exceed this policy is a commercial decision. OFCOM have no influence on any commercial decision of a Mobile company, hence they will not get involved.
Interestingly o2, TM and Orange all have a similar policy in place, with similar costs and allowances, all introduced in pretty much the same way. How come only Voda is getting so much stick?
EDIT: OTELO are not interested either, see http://forums.moneysavingexpert.com/showpost.html?p=34658235&postcount=1342
A change in tariff is a change in consumer contract.
Vodafone can make any commercial decision it likes so long as it is not contrary to statute. So it can change terms and conditions to new customers or those who are not 'locked in'. However, it is against the law to change the terms of customers who are locked in (UTCCR and General Conditions). The contract also allows customers to leave in the event that the increase is greater than 10%.
T-mobile got loads of stick. I took them to the County Court. The cheque for £430 from T-mobile I received is here:
https://forums.moneysavingexpert.com/discussion/comment/27502445#Comment_27502445
OFCOM is too clueless, ineffective and lazy to protect consumers as it should. But the law is the law, as the £430 cheque from T-mobile illustrates.0 -
musical_norwich wrote: »This is incorrect. See my most recent post. It is not up to Vodafone to 'allow' us to cancel. Vodafone has to give thirty days notice of any increase to those whose bills may increase in the future, which in many cases it has failed to do, and then allow us to leave. The 10% increase threshold is stipulated in the contract but not in the statute which takes precedence and we don't have to be charged, we just need to be able to show that the change is likely to be of material detriment to the Consumer.
Let's be careful and rational about this. At this stage you have not been subject to any change or any charge. Vodafone have not yet broken a contract.
Come next month if you are charged you are quite right you do not need Vodafone's permission, but until you are at a detriment no court will support your argument. Saying I am incorrect just because you want to believe you have the right to cancel whether you have been charged or not just comes across like a child who has spilt his ice-cream when I am trying to put reflection on this.
Remember what we should all strive for is getting what we originally signed up to, and not about terminating contracts just for the sake of getting out of them. If Vodafone have a last minute change of heart and do not charge you, you've won and you are getting what you signed up to.0 -
Hi all,
After receiving the stalling letter in reply to my cancellation letter this morning I've spent a good hour or so on the phone today and they have now agreed to send me my PAC code within 2 days. Basically I just persisted and kept telling them I wouldn't get off the phone until the put me through to a supervisor. They even got me to email the eforum link over while on the phone!
So - keep at it! Will update if/when my PAC comes through.0 -
CitySlicker wrote: »Let's be careful and rational about this. At this stage you have not been subject to any change or any charge. Vodafone have not yet broken a contract.
Come next month if you are charged you are quite right you do not need Vodafone's permission, but until you are at a detriment no court will support your argument. Saying I am incorrect just because you want to believe you have the right to cancel whether you have been charged or not just comes across like a child who has spilt his ice-cream when I am trying to put reflection on this.
Remember what we should all strive for is getting what we originally signed up to, and not about terminating contracts just for the sake of getting out of them. If Vodafone have a last minute change of heart and do not charge you, you've won and you are getting what you signed up to.
Vodafone has broken the law and the contract by failing to give thirty days notice, failing to notify us of our right to cancel and failing to waive the early termination charge. And the contract is being modified. Simples. Quite careful. Quite rational.
I am in quite a good position to talk about this given the £430 cheque I received from T-mobile when I took them to the County Court. Bought quite a lot of ice cream.
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