HTC Desire Vodafone 500mb Fair Usage Policy

N20Y1D

Is there a draft of a cancellation letter yet?

onpoint_2

djheath wrote: »

Exactly the same boat as you!
Not sure what to do, cancel now in the 7 days, or maybe hope they will try and negotiate a better deal for me, or just stick it out and restrict my usage of a phone which is capable of so much more?!!

I've sort of been holding out in hope that Vodafone would make some sort clear official statement re the situation so I could at least make a decision based on something solid. The 7 days is running out for me now though, so if nothing changes by tomorrow I think I'll return and look elsewhere...

Really doing my head in, waited nearly 3 weeks for the Desire to turn up - used it for literally 2 mins (thought i was amazing compared to my previous hand set for internet etc) then wandered into here to find this situation - not used it since in fear of damaging it incase I send it back.

DarkConvict

If you have used the handset with the sim in generally you cannot return the item under the 7 day returns guarantee.

superbrainz

Just emailed Consumer Direct to get their advice as well. Explained the situation and the speculation related to potential cancellations. Specific queries I have requested advice on are

1 Can Vodafone legally make the changes without offering their customers a chance to cancel their contracts
2 Can Vodafone legally change the T&C and allow only those customers to cancel whose past usage has exceeded 500MB
3 What is the best way (if any) of cancelling the contract once the change is made if your usage has been below 500MB in the past month.


bym007 very correctly said: I signed for 18 months based on my estimated usage in future, and not based on past 1-2-3 months!

DarkConvict

If they are meant to give 30 days notice they left it a bit late since the change is due to happen in under 30 days, add to the fact you have to write to them before the change occurs, so when VF say they are going to monitor usage it would man you can't cancel under clause 11.

So if i was still with VF i would start processing cancellation asap.

bym007

I was busy drafting this a couple of minutes ago. Please improve if you can.

I am holding on to this for sometime yet!

Dear Sir/Madam,

I am writing with my concern about the announcement on the Vodafone E-Forums, about a change in my T&C. It was announced that Vodafone is planning to scrap the "Unlimited Internet with Fair Usage Policy" and introduce a new charging tariff, which I am sure you are aware of.

I do not agree with this change, since:
- I signed for an unlimited internet plan, and do not intend on paying any extra money now or any time in future.
- If I were to go over the well announced 500MB threshold, I would have to pay atleast £5 extra per month, which will increase my monthly bill by more than 10%.

I am attaching the specific Terms & Conditions of the contract agreed at the bottom of this email.

Under the current Vodafone terms and conditions, clause 7.2. states that Vodafone may vary the agreement from time to time given 30 days notice, and that it gives me, the client a right to refuse these changes and thus leave the contract without plenty, under Clause 11.

The removal of the fair usage policy and replacement with a hard cap on the 1st June, will cause significant disadvantage in terms of additional charges been placed on my account, this is because of my expected future use of mobile data on my handset via internet and other data driven applications on my phone.

I hearby give notice to Vodafone to leave the contract under Clause 11 and as required by the terms and conditions, this notice is given within 30 days of the announcement of the change.

Kind Regards,
xxxxxxx,
Vodafone Mobile: xxxxxx
Vodafone Acconunt: xxxxxxx

Enclosed: Terms and Conditions of the Plan

7.2. We can make changes to or withdraw Services at any time and we can make changes to and/or introduce new terms to this Agreement at any time. We will give you at least 30 days notice of these changes if we do and you may have a right to end this Agreement under clause 11.

---

11.2. 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.

DarkConvict

I would point out in your letter the exact terms, rather than terms attached.

"Under the current Vodafone terms and conditions, Clause 7.2. states that Vodafone may vary the agreement from time to time given 30 days notice, and that it gives me, the customer a right to refuse these changes and thus leave the contract without plenty, under Clause 11.

The removal of the fair usage policy and replacement with a hard cap on the 1st June, will cause significant disadvantage given that additional charges will be placed on my account for exceeding the new 500MB data allowance, this is because of the expected future use of mobile data on my handset via internet and other data driven applications on my phone.

I hearby give notice to Vodafone to leave the contract without plenty under Clause 11, and as required by Clause 11.2. (d) this notice is given within 30 days of the announcement of the intended change."

Additional points that could be added.

"This issue has already been raised by other Vodafone customers with Vodafone customer service agents who have given a mixed responses of replies and incorrect information, so for clarity:

• The customer is not required to see the affect of changes on the account over a three months period, this is based on Clause 7.2. and 11.2.(d). The customer is required to give notice prior to changes taking affect therefore to wait three months would not allow the termination of the contract under Clause 11.2. Neither do other terms in the agreement state the customer has to wait to see the affect of changes on their account.
• Significant disadvantage has been clarified by Vodafone as an increase of 10% or more, as my contract has a monthly value of £50 or less, any use of mobile internet over 500MB would incur a cost of £5. This charge is 10% or greater than the current price of the contract and therefore under your own clarification is a significant disadvantage to myself, the customer.

"

slewis1972

The only thing I can see an issue is that they will go fine, but here's the cost of termination. Once that bit of wording is higlighted that you are entitled to cancel for free, with no fees, it will be worth a shot.

TheLibertine

Just thought I'd point out that this is probably primarily nothing to do with network usage etc. Vodafone like all the networks have been hit hard by 3 or 4 EU Commission rulings this year. Variously affecting data usage abroad, roaming calls while abroad, and chiefly the rate at which they can charge each other to connect phone calls.

By all accounts all networks will be losing a huge amount of money and as with all business responses the natural message goes out...where can we make up the revenue we're losing?

This new 500mb Cap will likely be just one of many smaller measures designed to create revenue. Of course they could enforce the FUP for people using 2 or 3GB, they don't want to though. They want to sell and advertise something as unlimited while getting £5 off every customer who exceeds the limit. It's a money spinner. Charging 0.1pc of people who use 2-3GB is not. And neither is throttling which brings no revenue at all.

bym007

Good point, I have edited the template.