HTC Desire Vodafone 500mb Fair Usage Policy

kayceejayh

Hello!

I've been writing about this on my blog - www gadgetmosster com . A reader got in touch who managed to get 281 Vodafone contracts cancelled with the Section 11.d. Clause they have in their Terms and Conditions! This one :-

'You may end this agreement by writing to us if:

(d) we change this Agreement to your significant disadvantage including the change or withdrawal of Services (we will tell you if this is the case) and you write to us within one month of us telling you about the change. This does not apply where the change relates to Services which can be cancelled without termination of this Agreement.’

Obviously this doesn't constitute legal advice but hopefully will help someone!

K

tomo1971

A question about the 10% issue, ie having to prove that the new charges have increased your bill by more than 10%.

I always thought that it as a case that IF the new charges/T&C's had the pottential to increase your bill in the future.

IE... at the moment, most of my work has been at home and using a wifi router for data... if next month I start using the phone more as I am away from home, my data usage MAY go more than 500mb.

So, under my existing T&C's/charges then if this were to happen, then no worries I wouldnt get charged.

Under new system if this were to happen then I will be charged an extra £5 month.

Steve

jimbo372

Thanks kayceejayh,

If thats true then I doubt they checked all 281 accounts to ensure they would be affected by more than 10%, so it looks possible.

James

MattJ_2

Ofcom is concerned about the number of complaints it has received regarding mis-selling of mobile phone services. The term 'mis-selling' covers a range of misleading or aggressive sales and marketing activities including 'slamming ', where customers are simply switched from one company to another without their express knowledge and consent.
Ofcom completed a review of mis-selling of mobile phone services on 16 March 2009 and is introducing a new General Condition on Sales and Marketing practices that will apply to all Mobile Service Providers. The new General Condition comes into effect on 16 September 2009. For further information on the consultation and FAQ's please click the link below.
In relation to your individual complaint, if you have contacted the retailer and been unable to resolve the issue, you may wish to contact Consumer Direct to see if they can advise or assist you. Consumer Direct is funded by the OFT and they provide information and advice on certain consumer issues. Their telephone number is 0845 4040506 and their website address is www.consumerdirect.gov.uk.



Mis-selling

Q1. What is mis-selling?

Mis-selling covers a range of sales and marketing activities including:

• the omission of relevant or the provision of false and/or misleading information (for example about tariffs, savings or promising offers which do not materialise);
• applying unacceptable pressure to change providers, such as using intimidating behaviour or refusing to leave until the customer signs a new contract; and
• slamming, an extreme form of mis-selling, where customers find themselves with a service from a new company without their knowledge and consent. Forms of slamming can include, passing off (i.e. where representatives claim to represent a different company), customers being told they are merely signing up for information rather than entering into a new contract, or the forging of customers’ signatures on contracts without the customer being aware.

MattJ_2

Q4. What new rules are Ofcom imposing?

The new General Condition on sales and marketing practices, amongst other things, requires mobile service providers:

• not to engage in dishonest, misleading or deceptive conduct and to put provisions in place to ensure that those selling their products and services do not mis-sell;
• to make sure the customer is authorised to, and intends to, enter into a contract;
• to make sure customers get the information they need when they buy the product;
• to make sure that parties selling their services are sufficiently trained;
• to make sure that the terms and conditions of all sales incentives – including cashbacks - offered by their retailers are not unduly restrictive; and
• to carry out certain due diligence checks in respect of their retailers to ensure the soundness of the company and its directors.

With a General Condition, Ofcom can formally investigate whether the rules are being followed and ultimately impose sanctions for breaches of these rules. We will also be able to make sure that the rules are being applied consistently by all mobile service providers.
Q5. How can I dispute the contract that has been mis-sold to me under Ofcom’s new proposals?

If the contract is sold directly through the retail arm of a mobile service provider, the customer should contact the mobile service provider. If the customer and the mobile service provider cannot resolve the problem, the customer can escalate their complaint to the Alternative Dispute Resolution (ADR) scheme the mobile service provider is part of (Otelo http://www.otelo.org.uk/ or CISAS http://www.cisas.org.uk/ ).
If the contract is sold through an independent retailer, the customer should first contact the retailer in question. If the customer and the retailer cannot resolve the dispute, the customer should contact their mobile service provider and ask the mobile service provider to look into the dispute. If no solution can be found, the customer can contact Ofcom. Based on complaints information, Ofcom may decide to investigate a mobile service provider’s compliance with the General Condition.
Q6. Who can I escalate the issue to if I cannot resolve it with an independent retailer or mobile service provider directly? Will they be able to take the issue on board on my behalf?

Under the new rules if a customer cannot resolve with the independent retailer, the customer should contact its mobile service provider. If the mobile service provider cannot find a solution with its independent retailer, the customer can contact Ofcom. Ofcom can, based on complaints information and other evidence, decide to investigate a mobile service provider’s compliance with the General Condition.

Ninjagranny

I have created a community page that doesn't specifically mention any trademarked information. The people here with the vast knowledge will be made admins.

Someone mentioned that they wanted a page - and facebook is VERY good for national campaigns if its publicised . I think that if this is to be used some of you would need to transfer the excellent information you have posted here to it before it is widely looked at.
Saying that all mobile users should join is a good idea i think as if VF get away with it the others will follow.

Good work and you would love to hear the transcript of the conversation I just had with VF.
VF customer since 1992 - awaiting a port code.

I am not allowed to post links

but page is called Stealth Changes to fair use data policy

Ninjagranny

MATT !

give me a chance to finish putting the site up !!!!

You are an admin

MattJ_2

You should have waited until it was finished before posting about it then! :-)

Little_Maya

Can someone correct me if I'm wrong but...

VF haven't given us notice of the new charges yet, they want to go with the 14 days notice for "changes to tariff" or whatever it's called

But since they are also planning on amending section 27 "All Vodafone services offered free or under unlimited subscription are subject to our Fair Use Policy. If, in the reasonable opinion of Vodafone, your use is excessive,we may ask you to moderate your usage. If, after we have asked you to moderate your usage, you fail to do so, we reserve the right to:
(a) charge you for the excessive element of your usage at your price plan’s standard rate;

I believe they should have given 30 days notice for that bit, so in this case we could cancel under 11.d:
(d) we change this Agreement to your significant disadvantage including the change or withdrawal of Services (we will tell you if this is the case) and you write to us within one month of us telling you about the change. This does not apply where the change relates to Services which can be cancelled without termination of this Agreement.

Ninjagranny

Little maya - I "believe" that they aren't going to give written notice as they are intimating that this is just a clarification not a contract change .