HTC Desire Vodafone 500mb Fair Usage Policy

330d

I sent the letter but got no reply so i phoned CS instead. It took about 4 calls including a 45 min which was the last call. The advisor had got his manager to waive the early termination fee after i told him about the eforum announcement.

So the manager agreed and left notes on my account confirming this. Even though i got there name and ID number, i had no written confirmation myself. So i emailed them through the website just asking for written confirmation regarding what the notes say.

The advisor did say that once i get my final bill that the early termination fee may be inc on the bill, so i have to phone them to waive it off as it says on the notes. If for any reason the notes are deleted, i have got proof myself.

musical_norwich

Here is the letter I sent today:

Dear Sir/Madam,

Last night, 11/09/2010, I received a text from you, from 40506, informing me that I was near the end of my 500MB data allowance and that from 1st October 2010 I would be charged £5 per 500MB.

Today, I contacted you, and eventually spoke with your employee Gavin Mandrill in the Belfast call centre, who informed me that I had to write to you to exercise my right to cancel, despite contract law, the specific terms of my contract with you, the Unfair Terms in Consumer Contract Regulation, and clause 9.3 of Ofcom’s General Conditions which give Vodafone the right to operate in the UK.

I have already requested my PAC code which I have yet to receive. Your staff said they were unwilling to waive the early termination fee, despite the fact that it is clearly illegal under the legislation listed above and the terms of my contract with you. Please ensure that I am not required to pay this fee. I also note that the first two call centre staff claimed I had no right to cancel, which is untrue and misleading. It was only when I insisted on speaking to a manager that I received the information about the cancellation process.

Whilst I do not accept the onus is on me to prove that this will, rather than may, be to my material detriment, and I do not accept the arbitrary 10% increase threshold which is not stipulated in any of the relevant legislation, I enclose the following information to expedite matters:

1. I received a text from you, as outlined above, saying I was about to exceed 500MB, so I would be charged at least an additional £5 per month when the new charges are implemented;
2. Last month I only used 221.667MB but I have obviously exceeded 500MB this month since I received the text;
3. Since my contract is only £25 per month, an additional charge of £5 represents an increase of 20%, and perhaps a great deal more if I use the internet intensively.

I am, of course, happy to pay for what I have used. Please confirm that I will not be charged the early termination fee, and send me a final bill for usage until the point at which I use my PAC. If I do not have a satisfactory response from you prior the date at which my direct debit with you is due, on 23rd September 2010, I will cancel the authority for the direct debit, to ensure I do not pay any fees which are not due under the terms of the contract. In this case, you will need to send me a final bill which I will pay by cheque or card.

In addition, I intend to make a formal complaint to Ofcom about Vodafone’s behaviour and flagrant breaching of its licence and consumer protection legislation.

Please can you tell me for my complaint to Ofcom:

1. Why I was not informed of these changes to the terms and conditions of my contract with Vodafone which are clearly to my material detriment?
2. Why was I not informed in the text that you sent of my right to cancel, as the Ofcom regulations stipulate?
3. If I had had a low usage this month, but exceeded my limit next month, would you then waive the £5 fee and then allow me to leave, since you have clearly then not informed all those who might be charged the new fee?
4. Why two call centre staff claimed I did not have the right to cancel, which appears to be Vodafone policy and training?

I look forward to hearing from you. In relation to the first part of this letter regarding financial matters, I am happy to communicate in writing or telephone. As regards the four questions regarding my complaint to Ofcom, I require a written response by either letter or email. Please note that failure or refusal to respond to these questions will be pursued by me through Ofcom and my MP.

I also require £30 compensation for the costs I have incurred thus far due to your failure to observe the terms of our contract and consumer protection legislation (including writing this letter, calling your call centre staff, stationery costs and time spent visiting the Post Office to obtain the ‘required’ proof of postage). As a *********************, this charge represents only a conservative estimate of my costs incurred. I would, of course, have far rather spent the time this weekend playing with my small children.

I think your behaviour in this matter has been nothing short of disgraceful.

In the absence of a satisfactory resolution before 30th September 2010 I will initiate action in the County Court.

Yours faithfully,

ZootHornRollo

musical_norwich wrote: »

Here is the letter I sent today:

Dear Sir/Madam,

Last night, 11/09/2010, I received a text from you, from 40506, informing me that I was near the end of my 500MB data allowance and that from 1st October 2010 I would be charged £5 per 500MB.

Today, I contacted you, and eventually spoke with your employee Gavin Mandrill in the Belfast call centre, who informed me that I had to write to you to exercise my right to cancel, despite contract law, the specific terms of my contract with you, the Unfair Terms in Consumer Contract Regulation, and clause 9.3 of Ofcom’s General Conditions which give Vodafone the right to operate in the UK.

I have already requested my PAC code which I have yet to receive. Your staff said they were unwilling to waive the early termination fee, despite the fact that it is clearly illegal under the legislation listed above and the terms of my contract with you. Please ensure that I am not required to pay this fee. I also note that the first two call centre staff claimed I had no right to cancel, which is untrue and misleading. It was only when I insisted on speaking to a manager that I received the information about the cancellation process.

Whilst I do not accept the onus is on me to prove that this will, rather than may, be to my material detriment, and I do not accept the arbitrary 10% increase threshold which is not stipulated in any of the relevant legislation, I enclose the following information to expedite matters:

1. I received a text from you, as outlined above, saying I was about to exceed 500MB, so I would be charged at least an additional £5 per month when the new charges are implemented;
2. Last month I only used 221.667MB but I have obviously exceeded 500MB this month since I received the text;
3. Since my contract is only £25 per month, an additional charge of £5 represents an increase of 20%, and perhaps a great deal more if I use the internet intensively.

I am, of course, happy to pay for what I have used. Please confirm that I will not be charged the early termination fee, and send me a final bill for usage until the point at which I use my PAC. If I do not have a satisfactory response from you prior the date at which my direct debit with you is due, on 23rd September 2010, I will cancel the authority for the direct debit, to ensure I do not pay any fees which are not due under the terms of the contract. In this case, you will need to send me a final bill which I will pay by cheque or card.

In addition, I intend to make a formal complaint to Ofcom about Vodafone’s behaviour and flagrant breaching of its licence and consumer protection legislation.

Please can you tell me for my complaint to Ofcom:

1. Why I was not informed of these changes to the terms and conditions of my contract with Vodafone which are clearly to my material detriment?
2. Why was I not informed in the text that you sent of my right to cancel, as the Ofcom regulations stipulate?
3. If I had had a low usage this month, but exceeded my limit next month, would you then waive the £5 fee and then allow me to leave, since you have clearly then not informed all those who might be charged the new fee?
4. Why two call centre staff claimed I did not have the right to cancel, which appears to be Vodafone policy and training?

I look forward to hearing from you. In relation to the first part of this letter regarding financial matters, I am happy to communicate in writing or telephone. As regards the four questions regarding my complaint to Ofcom, I require a written response by either letter or email. Please note that failure or refusal to respond to these questions will be pursued by me through Ofcom and my MP.

I also require £30 compensation for the costs I have incurred thus far due to your failure to observe the terms of our contract and consumer protection legislation (including writing this letter, calling your call centre staff, stationery costs and time spent visiting the Post Office to obtain the ‘required’ proof of postage). As a *********************, this charge represents only a conservative estimate of my costs incurred. I would, of course, have far rather spent the time this weekend playing with my small children.

I think your behaviour in this matter has been nothing short of disgraceful.

In the absence of a satisfactory resolution before 30th September 2010 I will initiate action in the County Court.

Yours faithfully,

new template letter? :cool:

mr_bridger_2

Yahoooo. Just recd my PAC!... just need to find a cheap internet sim only deal now..

enigma368

I posted a letter and got no reply so I sent an email. This is the reply to my email:

Hi Mr. Kennedy,

I understand your concern with regards to cancellation of your contract.

I've checked the unbilled usage for the month of September and see that you've exceeded by 10%, however, as per the policy, I've scheduled your number for cancellation on 30th September 2010.

You'll receive your final bill the following month after the cancellation, at your usual time. Please do not cancel your Direct Debit until your final bill has been paid. Your final bill will consist of the usage charges until the date your number is cancelled with us.

Trust this helps.

Does this mean early termination fee is being waived? Can i not continue to use my number on vodafone on a rolling mon by month basis? What does it mean by my "I've scheduled your number for cancellation"?

N20Y1D

musical_norwich wrote: »

Here is the letter I sent today:

Dear Sir/Madam,

Last night, 11/09/2010, I received a text from you, from 40506, informing me that I was near the end of my 500MB data allowance and that from 1st October 2010 I would be charged £5 per 500MB.

Today, I contacted you, and eventually spoke with your employee Gavin Mandrill in the Belfast call centre, who informed me that I had to write to you to exercise my right to cancel, despite contract law, the specific terms of my contract with you, the Unfair Terms in Consumer Contract Regulation, and clause 9.3 of Ofcom’s General Conditions which give Vodafone the right to operate in the UK.

I have already requested my PAC code which I have yet to receive. Your staff said they were unwilling to waive the early termination fee, despite the fact that it is clearly illegal under the legislation listed above and the terms of my contract with you. Please ensure that I am not required to pay this fee. I also note that the first two call centre staff claimed I had no right to cancel, which is untrue and misleading. It was only when I insisted on speaking to a manager that I received the information about the cancellation process.

Whilst I do not accept the onus is on me to prove that this will, rather than may, be to my material detriment, and I do not accept the arbitrary 10% increase threshold which is not stipulated in any of the relevant legislation, I enclose the following information to expedite matters:

1. I received a text from you, as outlined above, saying I was about to exceed 500MB, so I would be charged at least an additional £5 per month when the new charges are implemented;
2. Last month I only used 221.667MB but I have obviously exceeded 500MB this month since I received the text;
3. Since my contract is only £25 per month, an additional charge of £5 represents an increase of 20%, and perhaps a great deal more if I use the internet intensively.

I am, of course, happy to pay for what I have used. Please confirm that I will not be charged the early termination fee, and send me a final bill for usage until the point at which I use my PAC. If I do not have a satisfactory response from you prior the date at which my direct debit with you is due, on 23rd September 2010, I will cancel the authority for the direct debit, to ensure I do not pay any fees which are not due under the terms of the contract. In this case, you will need to send me a final bill which I will pay by cheque or card.

In addition, I intend to make a formal complaint to Ofcom about Vodafone’s behaviour and flagrant breaching of its licence and consumer protection legislation.

Please can you tell me for my complaint to Ofcom:

1. Why I was not informed of these changes to the terms and conditions of my contract with Vodafone which are clearly to my material detriment?
2. Why was I not informed in the text that you sent of my right to cancel, as the Ofcom regulations stipulate?
3. If I had had a low usage this month, but exceeded my limit next month, would you then waive the £5 fee and then allow me to leave, since you have clearly then not informed all those who might be charged the new fee?
4. Why two call centre staff claimed I did not have the right to cancel, which appears to be Vodafone policy and training?

I look forward to hearing from you. In relation to the first part of this letter regarding financial matters, I am happy to communicate in writing or telephone. As regards the four questions regarding my complaint to Ofcom, I require a written response by either letter or email. Please note that failure or refusal to respond to these questions will be pursued by me through Ofcom and my MP.

I also require £30 compensation for the costs I have incurred thus far due to your failure to observe the terms of our contract and consumer protection legislation (including writing this letter, calling your call centre staff, stationery costs and time spent visiting the Post Office to obtain the ‘required’ proof of postage). As a *********************, this charge represents only a conservative estimate of my costs incurred. I would, of course, have far rather spent the time this weekend playing with my small children.

I think your behaviour in this matter has been nothing short of disgraceful.

In the absence of a satisfactory resolution before 30th September 2010 I will initiate action in the County Court.

Yours faithfully,

Nicely done :T

Tony5101

mr_bridger wrote: »

Yahoooo. Just recd my PAC!... just need to find a cheap internet sim only deal now..

I got mine this morning too mate. I've just joined Giffgaff...they seem to be exactly what I was looking for.
£15 - 300 minutes, unlimited texts and UNLIMITED internet!

If it's the same sort of thing that you're after - PM me, and I think I can refer you and we both get a fiver credit

330d

For those who have there PAC code, make sure that the early termination fee has been waived and try to get proof of this, a letter or email.

Because anyone can get a PAC code by paying the early termination fee. Getting the PAC does not automatically mean that the fee has been waived.

Tony5101

imr4n wrote: »

For those who have there PAC code, make sure that the early termination fee has been waived and try to get proof of this, a letter or email.

Because anyone can get a PAC code by paying the early termination fee. Getting the PAC does not automatically mean that the fee has been waived.

Good advice.

I got an email stating that my contract would be terminated under the 10% rule on the 30th of September, before I ordered my PAC.

Tony

pavers

imr4n wrote: »

For those who have there PAC code, make sure that the early termination fee has been waived and try to get proof of this, a letter or email.

Because anyone can get a PAC code by paying the early termination fee. Getting the PAC does not automatically mean that the fee has been waived.

Been trying to get confirmation for ages but they just wont give it! Have PAC code,scared to use it.:(