HTC Desire Vodafone 500mb Fair Usage Policy

TheLibertine

Chat with Vodafone staff online

Posted Yesterday, 02:10 PM
Kate: HI Matt

Kate: the unlimited internet has a fair usage policy of 500Mb per month, but that's more than you'll need. If you exceed 500MB you'll be charged 50p for first 25MB

You: In the past this has not been the case though ?

Kate: to be honest the online deals keeps on changing every day

You: So that explains why different staff say something different every day with regards to the FUP and being charged / not being charged?

Kate: yes

TheLibertine

And another...(links removed)

Robin: Hello, you're chatting with Robin, one of Vodafone's online sales specialists. May I take your name please?

You: Matt

Robin: HI Matt, how are you today?

You: Hi Robin, I am just looking for clarification around the "Unlimited Internet" (500MB Fair Usage Policy) - will I be charged for going over the 500MB? Or, as with previous contracts, will I be ok as long as I am not abusing it?

Robin: yes you'll be charged if you exceed the limit..... so are you looking to get new contract with new number?

You: I thought it was Fair Usage though?

Robin: And according to Fair Usage Policy 500MB is consider as Unlimited Internet on our network in UK.

You: So why am I being advised by other staff that I will NOT be charged if I go over - both on Live Chat and on your Vodafone Forums

Robin: the Internet which you use is included in the plan that is 500MB

Robin: if you cross that limit you'll be charged 50p/ day for 25MB

Robin: after that its £2/MB


You: Jon told me this earlier: "When a data bundle is listed as having a Fair-Usage Policy, this means the stated policy limit (in this case, 500MB per month) is only a guide used to measure potential abuse, and there is no automatic out-of-bundle charging for exceeding this limit. If however your data-bundle has a specific limit, such as the 1GB iPhone bundle, or one of the Mobile Broadband plans, then these are a defined limit with no Fair-Usage Policy. That means as soon as you exceed that stated limit, there are automatic out-of-bundle charges placed on your account. If you are found to be exceeding a Fair Usage Limit consistantly and regularly, we may contact you and ask you to reduce your usage, or offer you one of the higher data bundles with a defined limit to better suit your usage - however, there will be no charges placed on your account without sufficient prior warning. "

You: I have also been told --- "The Mobile Internet packages only have a "Fair Usage Policy" of 500MB. This is used as a rough guideline for how much we expect the average user to use within a month, and there are no charges for going over this amount from time to time. Only users who are found to be abusing this fact and constantly going over 500MB each month will be contacted and asked to either monitor their usage more closely, or upgrade to a more appropriate data plan."

Robin: well are you looking for the information regarding the i phone internet or other phone internet deals?

Robin: i phone has 1GB

You: This is all on the 500MB Data FUP Unlimited offer

Robin: and other phones has 500MB

You: all the above which I have been told is with regards to NOT Being charged for going over 500MB

You: James said : Although it is a fair usage policy if you did repeatedly use 2GB per month we would contact you to moderate your usage and if this continued we would then reserve the right to begin charging you the daily rate for any usage outside of the 500MB policy.


Robin: I'll just clear all the things to you



Robin: you just need to answer few questions..... is that fine?

You: Ok



Robin: are you an existing customer on our network/

Robin: ?

You: Yes



Robin: are you on contract or PAYG?

You: Contract

Robin: that's nice

Robin: now I'll explain you the the details

Robin: when you have the contract with 500MB of usage, its every month....

You: I know, I just want to know if I will be charged for going over - and if I WILL be, why are some staff telling me I won't be ?

You: And why your website has the following:

Robin: yes you'll be charged

You: Q: What if I have a monthly Mobile Internet and email pack and use more than 500MB in a month?

You: A: We'll keep an eye on things and let you know your options if it looks like you'll go over your 500MB Flexi or Value Pack limit.

Robin: as 50/day for 25MB after you finish 25MB you'll be charged £2/MB

You: So if you are telling me I WILL be charged, why are others telling me I WON'T be? And why is your website so unclear?

You: And if I purchased my new deal based on what other VF staff have told me - that I won't be charged - where do I stand in terms of returning the handset and cancelling my contract if it turns out that infact I will be charged?

Robin: 7 days are cooling days, that is trial period for a customer to check whether they are comfortable with the deal or not if not they can return or cancel it

Robin: trust me

You: So can you please tell me why staff are telling me I won't be charged?

Robin: it'll be charged if you exceed

Robin: are they from online reps?

You: Yes

You: I can provide links to transcripts from Vodafones eForum too

Robin: sure

Robin: please

You: My Contract with Vodafone is governed by the Supply of Goods and Services Act 1982. The Act states that the trader should provide the service using reasonable care and skill. My argument is that the trader didn’t use reasonable care and skill as they misrepresented the contract.



You: there are 4 links where VF staff (Katerina, James, Jon etc) have stated the "Soft Limit & Advanced warning" message.

You: Confusing for customers to be told different things, yes?


Robin: yes , true

Robin: however trust me , if you want you can save this chat too

Robin: you'll be charged

Robin: if you go over

Robin: also they are the third party dealers

You: Who are?


Robin: they won't handle properly as they need to sell their phones

You: Vodafone Staff and Olivia from the Online Chat are third party dealers?

Robin: no they aren't

You: Well who are then?

Robin: they are from vodafone

Robin: however Olivia did say that?

You: Yes

You: Again, confusing yes?

Robin: yes

You: So who do I believe, VF Staff on the Forums, Olivia, or yourself?

Robin: well I have copied all the links

You: And any idea why everybody is giving out different information?

Robin: Trust me

You: So you are correct and all the others wrong?

Robin: as no one would say to copy the chat transcript after saying the truth

You: but surely staff on the forums wouldnt post lies?

Robin: i say that you'll be charged if you exceed 500MB that is 50p/day for 25MB and after that its £2/MB

Robin: and in I phone if you exceed the 1GB its £5/500MB

You: So they are all telling lies?

Robin: hmmm as far as i am concern i said the truth to you and you can copy this transcript as a proof

Robin: that you'll be charged if you exceed the limit

You: So Olivia is a lier?

You: Along with James, Katrina, Jon, etc?

Robin: See i won't be able to comment on that as we are not allowed to pass comments on our colleagues

You: but i shouldnbt believe them?


Please wait while I transfer the chat to Rommel.

You are now connected with Rommel.

Rommel: Hi This Is Rommel the manager on shift

You: Hi

TheLibertine

Continued...(links removed)

Please wait while I transfer the chat to Rommel.

You are now connected with Rommel.

Rommel: Hi This Is Rommel the manager on shift

You: Hi

Rommel: Hey Matt, just read the chat..

You: And, your comments?

Rommel: And there seems to be some kind of confusion...

Rommel: Let me clarify you doubts...

Rommel: Well for the 500MB there applies a fair usage policy.

Rommel: So when we say that you would get Unlimited Internet it would mean that you get 500MB of data to use.

You: So after reading the links, the chat and comments from other VF Staff, what do you say the FUP is?

You: And why are staff giving different information?

Rommel: May I know did you chat with them or that was over the phone.

You: Online Forums, Online Chat and I was advised on the phone when I took out my contract

Rommel: I do apologise about the information provided to you.

Rommel: But if you go in for the Unlimited Internet it would be 500MB of data usage.

You: What about charges

Rommel: Sure, are you looking for a specific deal?

Rommel: Or if you want to add that on a deal that you don't have Internet usage it would be £5.00 per month

Rommel: Hey Matt, you there?

You: hi

Rommel: So would you like to go in for a new number with a new contract?

You: So do you get charged for going over 500MB?

Rommel: Yes that correct that would be 50p for first 25MB and after that it would be £2 per 1MB

Rommel: This includes on a daily basis

You: So why are staff telling us otherwise

You: So Olivia, along with James, Katrina, Jon, etc are all wrong?

You: Do you agree?

You: Are you still there?

Rommel: Yes I am

You: Can I have a response then please :-)

Rommel: Am sorry, but was that on the phone

You: No, all on here, and with hard proof

You: And on the Forum - I do not have transcript from phone calls

You: It's all there in Black and White from VF Staff themselves

Rommel: Do you have the chat transscripts.

Rommel: transcripts*

You: Olivia from onlnie chat

You: :

You:

You:

You:
You: There are 5 links above

You: Another here:
You: Please will you read what has been advised by VF staff and give me your comments?

Rommel: Well that's correct but before Olivia Could have explained more the chat was ended

You: And the others?

You: My contract with Vodafone is governed by the Supply of Goods and Services Act 1982. The Act states that the trader should provide the service using reasonable care and skill. My argument is that the trader didn’t use reasonable care and skill as they misrepresented the contract - as I have allegedly been misinformed by several other staff.

You: What are your comments on the VF Forum staff?

Rommel: Am sorry for that but as per the Fair Usage policy when we say unlimited Usage it would mean 500MB

You: So why are the forum staff telling us otherwise?

You: Several staff on the forum, and Olivia on the chat have told customers that the 500MB is a 'soft limit' - yourself and Robin have told me otherwise. Do I believe the majority (Forum staff, Olivia, etc) or the Minority (yourself and Robin) ?

Rommel: Well before you get the deal you would have the terms and conditions for the plan.

Rommel: and there it would be mentioned that if you go over we would inform you also the out of bundles would be mentioned there.

You: That does not answer my question

Rommel: And when you select the deal it is mentioned in the Quick Summary of the plan with regards to go over.

Rommel: The chat that was with Olivia was a chat whish was ended before we could give extra information

You: What about the Forum Posts then from VF Staff?

Rommel: Which one would that be?

You: The ones in the 4 differenet links I provided you with earlier

Rommel:
Rommel: Is that the one?

You: Lets look at this one first

You: Jon says: The Mobile Internet packages only have a "Fair Usage Policy" of 500MB. This is used as a rough guideline for how much we expect the average user to use within a month, and there are no charges for going over this amount from time to time.Only users who are found to be abusing this fact and constantly going over 500MB each month will be contacted and asked to either monitor their usage more closely, or upgrade to a more appropriate data plan.So long as you don't use your phone as a modem, you should be absolutely fine with 500MB, and it's incredibly rare for us to find anyone here on the forum who has ever actually exceeded this amount.

You: And the one you just mentioned Jon says: I have a Desire myself now, and to be honest I never even thought of worrying about the data usage! So long as you have Unlimited Internet on there, just use the phone as normal, and if you consistantly exceed the Fair Usage Limit, then we will contact you first to let you know about it. The Desire uses a lot of background polling and updates, as it's a very data intensive handset - so if average use rises as a result, we will naturally reflect this in increased leniancy or a change to the policy limit.We only have a Fair Usage Policy to identify people who are abusing the service - and that would include someone who uses their phone for peer-2-peer file sharing (I see there is a Bit-Torrent app on the market), video streaming for excessive periods (only ever use BBC iPlayer over WiFi, and if you're going to stream video, I'd highly recommend buying one of the subscriptions to our Sky Mobile packages from as these do not count towards your usage), and using your phone as a modem.Anyone using their phone sensibly and normally should not find themselves penalised

You: DaveN also says on Page 2 - To clarify, the 500MB fair usage on the data pack is a threshold, not a limit, and there's no immediate charge if you exceed it. If you do it too often, we reserve the right to contact you, but you won't be charged without warning. There's no way to change the allowance, though. Unless it's an iPhone, it's 500MB fair usage only. It may seem like we keep reassuring people of this, but that is because the information is still the same, so we simply need to reiterate the same answer.

You: Any comments from those 2 links so far?

Rommel: Just a minute...

Rommel: What Jon said was absolutely correct..

Rommel: He did mention about the Unlimited Internet on there also the Fair Usage Limit

You: In this link JAmes says: Although it is a fair usage policy if you did repeatedly use 2GB per month we would contact you to moderate your usage and if this continued we would then reserve the right to begin charging you the daily rate for any usage outside of the 500MB policy

You: So therefore saying that if we go over, we will be OK as long as its not all the time, and if it is, we will get contacted about it - but not charged

Rommel: James says: Although it is a fair usage policy if you did repeatedly use 2GB per month we would contact you to moderate your usage and if this continued we would then reserve the right to begin charging you the daily rate for any usage outside of the 500MB policy.

Rommel: So he did mentioned that we reserve the right to charge you outside of the 500MB policy.

You: Yes, so if we go over and reach 2GB, initially we would NOT be charged. We would be asked to moderate usage. Only then, if it continues, you would then reserve the right to charge?

You: That is what you, a manager, has just said

You: Correct? You used bold text to highlight that to me

Rommel: Well we would contact you only if that is repeated in a month

Rommel: James says: Although it is a fair usage policy if you did repeatedly use 2GB per month we would contact you to moderate your usage and if this continued we would then reserve the right to begin charging you the daily rate for any usage outside of the 500MB policy.

You: Yes, so if I REPEATEDLY USED 2GB per month, I would be asked to MODERATE my usage. IF this CONTINUES, only then would you reserve the right to begin charging

You: That is what you are saying? Yes or No

Rommel: No, if you go over the 500Mb in a month you would be charged 50p for first 25MB and after that it would be £2 per 1MB

You: He is saying we would be asked to moderate usage first and then if we do not moderate usage, you reserve the right to charge

Rommel: James is talking about repeated over usage.

Rommel: And not about the first time

You: No, he says "... we would THEN reserve the right to begin charging you the daily rate for any usage outside of the 500MB policy."

You: So until "THEN" you do not reserve the right to charge us?

Rommel: Let's look at what he says again

You: And what about the others?

Rommel: James says: Although it is a fair usage policy if you did repeatedly use 2GB per month we would contact you to moderate your usage and if this continued we would then reserve the right to begin charging you the daily rate for any usage outside of the 500MB policy.

You: James says... if we repeatedly use say 2GB a month, we would be asked to moderate usage - IF it continues, you reserve the right to charge us for anything over 500MB

You: So until we are contacted and asked to moderate usage, you will not charge us outside of 500MB

You: I am in contact with Consumer Direct and will provide them with all forum posts, all chat transcripts too - just so you know

You: Any more comments or are you as stuck as I am?
You: You can see why customers are confused!

(Rommel didn't return)

TheLibertine

Posted Yesterday, 04:26 PM
Hi guys,

I can fully appreciate the confusion in regards to this matter. We will be providing a definitive update for you at some point tomorrow though which will make everything clear.

George
eForum Team

TheLibertine

And the removal of posts...

Posted Today, 10:55 AM
Hello

We can see that you have queried the removal of posts / threads on the Vodafone eForum. Occasionally, as per our terms and conditions, we’ll take account specific related posts / threads off of the forum so that we can deal with a customer secure

We are, at heart, a technical help forum and have a procedure in place for those queries that can't be answered in the public forum as laid out in the (T&C)

We hope that this clears up any confusion that may have been caused with regards to removed posts / threads. If you do have a question of your own that you’d like to ask us, please let us know on the eForum.

Regards



eForum Fast Response

TheLibertine

Hence as you can see from all the above posts Vodafone staff themselves are completely confused about their own policy, so how on earth can they expect customers to understand it. Almost every member of staff tells a different story and gives a different interpretation.

MattJ_2

If anybody wants to take this further, see the info below. I spoke to Consumer Direct last time I renewed my contract with VF as I had issues then. You get the idea:

Dear Mr Jones

Thank you for your enquiry to Consumer Direct dated 22/01/09. Your reference number for this case is NE-CC-148836 and should be quoted in all further correspondence regarding this case.

Based on the information supplied within your email the key facts of the case appear to be as follows: you renewed your mobile phone contract with Vodafone on the basis that they would provide free internet for the duration of the contract. You have received a bill that includes an approximate charge of £16 for internet use. The trader insists that you weren’t offered free internet for the duration of the contract, only for one month. You know that this isn’t the case as they have supplied it free of charge for three months prior to this charge.

• Your contract with Vodafone is governed by the Supply of Goods and Services Act 1982. The Act states that the trader should provide the service using reasonable care and skill. Your argument is that the trader didn’t use reasonable care and skill as they misrepresented the contract.
• I advise you to send a recorded delivery letter to the trader using the attached template as a guide. Give them the full details of the case (the fact that you have already had three months free usage is important) and demand that they remove the charge or allow you to cancel the contract at no cost due to their mistake.
• Ask for a response within 14 days.

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.


Andrew
Consumer Direct North East

Tel: 08454 04 05 06
Web: Google is as I cant post the link!
Open: 8:00am to 6:30pm Monday to Friday, 9:00am to 1:00pm Saturda

MattJ_2

Also:
Mr Jones,

In addition, ask the trader to provide a transcript of the recorded calls if they deny your claims that you were offered free usage for the duration.

Andrew.

MattJ_2

Guidance and a Letter Template from Consumer Direct (which was removed from the VF Website Forum by VF Staff)

GUIDANCE ON USING COMPLAINT LETTER TEMPLATES



The Consumer Direct complaint letter templates can help you make a written complaint, if you have a problem with goods or services.
Customise your letter

You will have to make some changes to a template before you send it. This includes:

• Add your name, address and telephone number (and/or email address).
• Add the trader’s name and address.
• Add the date on which you send the letter.
• Add your name at the bottom.
• Sign the letter in the space above your name.

In some letters, you will be requesting a response within 7/14 days [delete as applicable]. Make sure you choose which is more suitable for you. If you are complaining about a long-running problem and need it resolved quickly, 7 or 10 days might be a suitable period. If this is a recent problem, it is more reasonable to allow 14 days for the trader to resolve it. But always allow a minimum of 7 days.
You will also need to add the specific details of your complaint. Where you see text such as /B][/SIZE][SIZE=2][B]explain what you want i.e. refund/repair/replacement[/B][/SIZE][SIZE=2][B, you will need to choose one of the options that are listed or write in the details yourself. Be as clear and straight-forward as you can when describing the problem.
Make sure you remove all the /B][/SIZE][SIZE=2] and [/SIZE][SIZE=2][B symbols afterwards.
Before you send the letter

• Address it to a named person if possible, such as the Managing Director.
• Keep a copy for yourself.
• If you sent a letter previously, enclose a copy of it with the current letter.
• If necessary, include a copy of proof of purchase, eg a receipt or contract.

When you send the letter

• Send the letter by recorded delivery, so you can prove that you sent it and track its progress. You will have to ask at the Post Office for this service.

• Note the date by which you have requested a response (eg 7 days later).

Further advice

If you are not sure how to proceed, need help with the letter or would like further advice on making a complaint, call Consumer Direct on 08454 04 05 06. The telephone advice service operates on Monday to Friday 8am to 6.30pm, and Saturday 9am to 1pm.
You can also visit the Consumer Direct website



[FONT=Univers, Arial, sans-serif]No. 7 Supply of Goods & Services Act 1982 [/FONT]


When you have services carried out, you have rights against the trader under the Supply of Goods & Services Act 1982/ Common Law Scotland. This provides that work should be carried out with reasonable care & skill, for a reasonable charge (unless the price is fixed by contract), and within a reasonable time (unless the time scale is fixed by contract). It also provides that any goods & materials supplied as part of the service should be of a satisfactory quality i.e. free from defects.


If the trader has failed to fulfil the above requirements then he should come back and rectify the problem, without additional cost. *


* Additional costs may be reasonable depending on the use of the goods.


Use the following template to write a letter of complaint to a workman or seller if they have provided poor services or supplied faulty goods as part of a service.


Please note that there are many different issues which can arise from sub-standard services. This template is to be used for guidance and may not suit your specific situation. If you require more detailed advice & guidance, please call Consumer Direct on 08454040506

and the letter:

[FONT=Times New Roman, serif]Personal name/ address details [/FONT]


[FONT=Times New Roman, serif]Date……. [/FONT]


[FONT=Times New Roman, serif]Owner / Managers name (or The Manager) [/FONT]
[FONT=Times New Roman, serif]Retailer’s name[/FONT]
[FONT=Times New Roman, serif]Retailer’s address[/FONT]
[FONT=Times New Roman, serif]Retailer’s postcode[/FONT]




[FONT=Univers, Arial, sans-serif]Dear [owner/manager’s name or Sir/Madam][/FONT]
[FONT=Times New Roman, serif]Supply of Goods & Services Act 1982 (As amended)[/FONT]
[FONT=Times New Roman, serif]Common Law Scotland [/FONT]


[FONT=Times New Roman, serif]On [insert date], you undertook [description of the service e.g. car repair] for the sum of £xxx for completion by [insert date].[/FONT]


[FONT=Times New Roman, serif]Explain/outline details of your complaint [/FONT]

• [FONT=Times New Roman, serif]E.g. list faults with repairs[/FONT]
• [FONT=Times New Roman, serif]List outstanding problems[/FONT]

[FONT=Times New Roman, serif]The Supply of Goods and Services Act 1982 (as amended) states that work should be carried out with reasonable care and skill/in a reasonable time/for a reasonable charge (delete as appropriate).[/FONT]


[FONT=Times New Roman, serif]Explain what you want to happen/what you are looking for[/FONT]

• [FONT=Times New Roman, serif]Car to be repaired without additional cost[/FONT]
• [FONT=Times New Roman, serif]Work to be completed[/FONT]

[FONT=Times New Roman, serif]Please respond to my complaint/complete the work in the next 14 days. If you fail to respond/remedy in this time, I will have no option but to consider taking the matter further.[/FONT]


[FONT=Times New Roman, serif]Yours sincerely/yours faithfully [/FONT]


[FONT=Times New Roman, serif][Name][/FONT]

Bongedone

Thanks for posting this here Libertine.

They also have still not answered why I am getting a message daily saying I am approaching the cap when I have only used 94mb of the 500mb cap.

Vodafone also have a rep that scans these boards and often replies to issues.

I think I will make a seperate post on the Vodafone forum asking about it.

EDIT: Here is the message I am getting:

You are reaching the end of your data allowance. You will be charged another £0.50 (Inc VAT) for the next 5MB. We will notify you again before you reach the next charging point. To stop these messages Text STOP to 40506. Keep track of internet charges with Vodafone. Sent MAY 05 @16:57 UK