HTC Desire Vodafone 500mb Fair Usage Policy

tsurumaru

mr_fishbulb wrote: »

but now after pressure by a bunch of people on various forums, Vodafone have been forced into a corner and have to put some formal definition around what is enforced and what will be charged.

Now they come back saying £5 will be charged for every 500Mb you go over the allowance. I'm not saying that's a fair price, but am I the only one here thinking it would be better off if people had left it alone in the first place?

This is absolutely incorrect, Vodafone haven't been forced into a corner by anyone, this change in charging rates was discovered by users who were texted (it turns out in error) by Vodafone telling them they were about to go over their "unlimited" limit and they would be charged (even though some users had only used a very small amount of data in their current month ie less than 100Mb).
This has obviously been planned for sometime however they haven't told their sales or CS staff and are still advertising their handsets with "unlimited" internet 500mb FUP.
They have now been forced to reveal their plans and the proverbial is hitting the fan.

Please try to look into the issue in more detail before posting something that could be construed as unhelpful and inflammatory.

Norro

DarkConvict wrote: »

I saw that post bym007 I assume it was your post on the last page :P

As to not using the phone, there is usually a label on the box of the phone, you have to break the label to get into the box i believe. Basically stating if you use the service (sim card in phone) you are agreeing to the contract.
Although i have seen it before where people do cancel and pay for only what they did use. There are so many variations between providers it is scary.

The whole point of the 7 days is that you didn't get to see the goods in a shop and decide that you want them. You can't make that check without firing up the phone and putting the sim in so IANAL, but I don't think breaking the seal on the package can override your right to check the goods.

bym007

Norro wrote: »

The whole point of the 7 days is that you didn't get to see the goods in a shop and decide that you want them. You can't make that check without firing up the phone and putting the sim in so IANAL, but I don't think breaking the seal on the package can override your right to check the goods.

I dont think they allow that anymore. The "modern" Sale of Goods policy adopted by network providers is that if you bought a phone in store, you cannot return it, unless something seriously wrong happens, like you do not get a mobile signal in your home.

However if you purchased the phone online, you are given 7 or 14 days money back, whatever it is!

So my rule of thumb is to order items online, so I can return them if I do not like them!

DarkConvict

Yeah DSR covers you for inspecting the goods, im less sure about using the services.
It is basically giving you the right to inspect goods in the way that you could have inspected in store, key is the word inspect though not to use.

I've heard the argument once you have turned the phone on and done the basic setup they consider it customised, although a hard reset will fix this.

When you can't cancel

Please note that there are circumstances when you cannot cancel unless the trader has given you a specific contractual right to do so.

The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel.
You had the goods made to your specifications or personalised.
Goods are clearly personalised

Source - http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/

Basically unless you have a term that allows you to return the goods, then actually turning the phone on and using it means you can't return it.

"provide the service within the cancellation period and you have agreed to this" - This is what the little label is about, im sure i had one on my orange and vodafone phones.

onpoint_2

bym007 wrote: »

I dont think they allow that anymore. The "modern" Sale of Goods policy adopted by network providers is that if you bought a phone in store, you cannot return it, unless something seriously wrong happens, like you do not get a mobile signal in your home.

However if you purchased the phone online, you are given 7 or 14 days money back, whatever it is!

So my rule of thumb is to order items online, so I can return them if I do not like them!

Extract from the renewal email they sent me:

"Making sure you’re happy

It’s important to us you’re happy you chose Vodafone. So if for any reason you change your mind, you can cancel your agreement within seven working days from the date you receive this email. To do this please call 191 from your mobile or 08700 700 191* from any other phone."

I would think you must be able to open the box and put your sim in and still return it based on that. The reason could be that I just couldn't get on with the usage of the phone in which case I would have obviously had to have been using it.

DarkConvict

@onpoint. That is a renewal not a new contract, and vodafone have in there expressly stated you can return it. As such it can be returned.

New contracts do not generally have that included.

When brought in a shop you have no right to return goods unless faulty, that is sale of goods act.
When brought online, you have DSR + SOGA which is a 7 day period to return goods. It is there to give you a chance to inspect goods as you would in a shop. But DSR has many exceptions.

DarkConvict

MattJ wrote: »

http://www.bitterwallet.com/how-to-cancel-your-vodafone-contract-details-and-templates/29324

I’m mad as hell and I want to cancel, dammit!
A note from us, then – we’re not solicitors, in fact we can barely dress ourselves. We’re not telling you to terminate your contract – we’re happy to offer advice and tools to take your fight further, but ultimately you are responsible for your actions. Please don’t take any of this as legal advice or a substitute for legal advice; we assume no duty or liability to you. Got it? Good.

• you don’t need Vodafone’s consent to terminate a contract. You can always terminate a contract and stop your direct debit by informing your bank. The issue is whether or not you’ll be liable for damages for breach of contract or other charges.

• the law and not the contract governs, so consumer law beats a contract every time. The supplier’s opinion is not determinative and nor is that of the regulators. Only the Courts can say whether a term is fair or not. What does ‘Significant Disadvantage’ mean? You may have to go to court to find out.

• ultimately, if you refuse to pay termination charges on the basis they’re unfair, will Vodafone be prepared to sue you for a Court Order? If they do –you have a defence. No summary enforcement is allowed where there is a genuine dispute so they cannot collect disputed sums as debts.

Just need to say about this, do not stop a direct debit, you have no defence if you stop paying on an active contract.

You need to show vodafone has broke/changed the contract and that you have terminated under the agreement not defaulted by stop paying. Never stop paying whilst the agreement is not terminated or atleast in official dispute! Otherwise you are the one that has defaulted and you will come out very bad from it.

MattJ_2

Yea the website highlights all options. If you read the page, it says they are not legal experts and leave it up to us to chose our course of action.

apk1

Does anyone know if this applies to buisiness contracts, as these are still showing "unlimited"?

mr_fishbulb

tsurumaru wrote: »

Please try to look into the issue in more detail before posting something that could be construed as unhelpful and inflammatory.

Yeah I think the inflammatory comment works both ways - lots of posts aimed at vodafone.

But I feel honoured your first post was complaining about mine