HTC Desire Vodafone 500mb Fair Usage Policy

bym007

Underworld wrote: »

Also, beware everyone... I noticed Vodafone CSA's are trying to draw everyone's attention only to the 10%, and ignoring the other clauses which are important too (for those who havent exceeded 500mb).. specially clause 11.2(d)...
Its not up to them to tell us whether we can cancel or not, or under which clause...

I dont use so much data (at the moment), however, even if I did, I would only argue about 11.2(d). If I was using 150MB data per month currently, and agreed to this chane of plan from VF. 2 months later, I changed my habits, and started using it a lot more, I will not be able to go back to "VODAMOAN" and get it changed or cancelled.

So I will be taking this case and analysing it for what it is worth, not what it could be!

VF are such a bunch of liers for telling their customers to

a. wait 3 months to see their usage,
b. it does not affect you (or majority for that sake),
c. there is no change of contract terms

I feel like slapping them! :eek:

DarkConvict

11.2(d) states significant disadvantage, in all fairness this is open to interpretation therefore is an unfair term, and according to trading standards where it is not in plain English it is said to support the consumer, as such any change either in price increase or loss of service would dub this as a disadvantage.

According to the UTCCRs, a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put you at a disadvantage because you are not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply.

http://www.consumerdirect.gov.uk/before_you_buy/think_of/unfair-contracts#named3

Underworld_3

bym007 wrote: »

VF are such a bunch of liers for telling their customers to

a. wait 3 months to see their usage,
b. it does not affect you (or majority for that sake),
c. there is no change of contract terms

here are the answers:

a. not stated in contract.. everything is based on previous month..
if even they did it this way, the number of cancellations will increase because everyone on all these forums will use data to the max in these 3 months..

b. if it does not affect me, whats the point of having a contract?? every single clause affects every single customer...

c. lol why did you send me a text then?? If nothing has changed, I will continue to use my data to 600mb / 700mb, like i have been doing on the previous months. If contract has not changed, you should not have texd me or charge me if i go over..:T:T:T

DarkConvict

bym007 wrote: »

VF are such a bunch of liers for telling their customers to

a. wait 3 months to see their usage,
b. it does not affect you (or majority for that sake),
c. there is no change of contract terms

I feel like slapping them! :eek:

a) correct, no requirement for it and you lose your right to leave for not terminating under clause 11.2 within 30 days
b) Subjective to each customer, vodafone will have stats that a majority are unaffected. But that is going to be against all customers, some may have basic phones with limited data capabilities. Now if they used a new phone say IPhone, Andriods, latest nokias, did a few MP3's watched a couple of TV shows, it would clearly show in less than a day you will break the 500MB cap easily.
The 'minority' that are directly affected must be allowed to leave!
c) Well there is, otherwise they can't charge you because it would be in breach of the terms. i.e. You exceeded 500MB,... but what about the FUP... we scrapped it... but its in the t&cs.... .. ... yeah but still, cough up

Underworld_3

definitions:
"Services" means the communications service you receive via the Network and other services made available to you by us from time to time.

11.2(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.

DarkConvict

Underworld wrote: »

definitions:
"Services" means the communications service you receive via the Network and other services made available to you by us from time to time.

11.2(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.

The writing to you can include text/email, but it must be to you not just something on a forum.

Its an OFCOM regulation i believe, so something else to complain about

Underworld_3

DarkConvict wrote: »

The writing to you can include text/email, but it must be to you not just something on a forum.

Its an OFCOM regulation i believe, so something else to complain about

yes,, they will be doing this i suppose, but not within the stated time period..

Vodafone is claiming these charges already existed, and are giving only 14 days' notice.
clause:
7.1 = Advantage to them
7.2 = Advantage to us

If they claim falsely that this is a change to the charges only and give 14 days' notice, they will not allow us to cancel the policy, according to 7.1

However, if they give 30 days' notice, this would mean we can proceed without doubt to cancel our policy under 7.2

7.1

We may change our Charges and/or introduce new Charges from time to time. If we increase our Charges, we will give you at least 14 days' notice. If we believe any change in our Charges will not disadvantage you, it may be included without notice.

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, if we do.

Does "make changes" not include "increase charges"??

the only reason they are saying that these charges already existed and giving only 14 days' notice is: they want some shelter under 7.1

gjchester

danielz000 wrote: »

Grrrr... I just spoke to a 'Liam' from Vodafone who stated there would be no change to my terms and conditions on the 1st of June...

I don't believe that for one second and now I don't know whether to send the cancellation letter in or not...

Unfortunatly he is right. There is no change in the T&C as such.

There has never been unlimited internet on offer , it's always been subject to a fair use clause, and that has been 500MB. The difference is there was never a defintion of what happened if you exceeded it.

Vodafone have now clarified what happens if you exceed it. They not changed the T&C of the contract. The ASA have always permitted unlimited in adverts as it's backed but by the * and the * says Fair use limit applies and becase vodafone have the data to say that most of thier customers DO NOT hit 500MB so they are effectivly unlimited.

Yes the adverts suck and may be considered to be misleading but the ASA have reviews these on more that one occasion (and for all the networks too) and decided they are correct withe clarification under the asterisk.

By all means put the letter in it can't do any harm, but don't be suprised if it's rejected.

And a bit of food for thought, if Vodafone the biggest network can do it even money says all the other networks will follow suit soon after. Even if you do cancel whoever you go to will probably introduce over limit charges.

Once again I suspect the EU forcing lower EU data rates and cutting into the mobile co's profits is at the bottom of this, just like cutting roaming call charges lead to the loss of 12 month contracts leaving us with 18 and 24 month minimum contracts in most places.

gjchester

Underworld wrote: »

if very small percentage of their customers reach 500MB, that does not make 500MB become unlimited by any way!!!
If people use less internet now, they can reduce the "unlimited" to 300MB, then less then less...

Our contract is Unlimited data, with 500MB limit.. How sensible

True, but the ASA have looked at this many times, for all the mobile co's and most broadband companies.

As long as most people do not hit the limit then they are effectivly unlimited.

Sucks but thats the way it works.

bym007

The problem lies in the case that the mobiles today are more data hungry, so effectively restricting the "unlimited" to 500MB is a sure money-spinner!

Please dont ignore the fact that Vodafone in Sep 2008 stated to ASA that 500MB was more than enough. Now, how can 500MB still be "enough" 2 years later?

The Vodafone eforums are filled up with customers stories of higher data usage specially with HTC Desire handset named as one.