HTC Desire Vodafone 500mb Fair Usage Policy

gjchester

PvtPyle wrote: »

Andy - are you looking to retain your handset? There are some murmurings that the wording of the contract suggests the handset belongs to the customer.

The handset is yours from the moment the airtime contract comes into force.

Mobile contracts are really two contracts, one the suppoly of hardware (the phone) the other the supply of airtime (service). They are not related other than at the start of the contract when you get the phone as an inducment to take the airtime contract out.

The T&C say



This Agreement is for your SIM card and the minutes, texts, data and other services that you use. This Agreement does not cover the buying or maintenance of any mobile equipment that has also been provided to you. If your mobile equipment stops working, is lost or stolen, you must still keep to this Agreement and pay the monthly line rental charges until this Agreement has ended. If your mobile equipment is lost or stolen you are also required to pay for all other call and usage charges up to the time you tell us that it has been lost or stolen.

They can ask for it back but you don't have to return it, although they may be willing to reduce or remove a termination charge if you return it.

gjchester

danielz000 wrote: »

They can't... The cancellation fee is money for old rope... A complete rip off... Just gotta hope that Ofcom supports us when the **** hits the fan...

Leaving aside the 500mb issue...


It's a contract. If you don't accept the terms don't take it out.

You signed up for xx months and in return they gave you a new phone as part of the deal. Phones are not free, the contract covers the cost of the phone, if you want to cancel it early you need to pay the early termination costs.

No different to broadband or gym membership you agreed to the term you need to follow it or pay up.

It does work both ways. If contracts are there to protect both parties.

zzleezz

gjchester wrote: »

Leaving aside the 500mb issue...


It's a contract. If you don't accept the terms don't take it out.

You signed up for xx months and in return they gave you a new phone as part of the deal. Phones are not free, the contract covers the cost of the phone, if you want to cancel it early you need to pay the early termination costs.

No different to broadband or gym membership you agreed to the term you need to follow it or pay up.

It does work both ways. If contracts are there to protect both parties.

Ok, so if at your gym you take out a 12 month membership and pay a set monthly fee that allows you to use all the equipment in the building what would you do if they suddenly told you that from the 1st of June all use of the treadmills over 10 minutes would be capped and you would be subject to a further charge to continue using it?

Doesnt sound so fair now does it?

danielz000

It's not quite that simple for me... I read T&Cs... I would never have taken that ghastly contract out... My GF despite what I told her.. Took it out as a 'present' for me.

Regardless, Vodafone are hiding unfair charges behind pages and pages of small print that the majority of people can't understand.

As for it working both ways... I disagree... The contract works their way, and their way only. They manipulate it and change it so that they always come out smelling of roses. This whole incident is a great example.

They also have an upper hand in that, they 1) have your DD account, 2) have the trump card of claiming you have a debt to them.

Also, the 'termination fee' isn't a termination fee at all, it's the remainder of your contract paid up front, even though you're getting no service from them, so although it's part of your contract, it's hardly fair...

EDIT: I agree that if you don't like it, don't sign up though...

N20Y1D

gjchester wrote: »

Leaving aside the 500mb issue...


It's a contract. If you don't accept the terms don't take it out.

You signed up for xx months and in return they gave you a new phone as part of the deal. Phones are not free, the contract covers the cost of the phone, if you want to cancel it early you need to pay the early termination costs.

No different to broadband or gym membership you agreed to the term you need to follow it or pay up.

It does work both ways. If contracts are there to protect both parties.

What about if you join the gym and then halfway through the membership period they introduce a £5 fee for locker usage each month.

If vodafone dont change the contract to benefit themselves people cannot use the changes to benefit themselves can they.

essex_chris

I do not pay by Direct Debit - an earlier post talking about canceling a Direct Debit looking bad and initiating problems with Vodafone was interesting. What problems?

Right now i am now sure what i want to do, but one option is to simply cancel my contract, stop paying the admittedly good deal of £17.50 a month for 600minutes, 3000texts and 500mb Mobile Internet FUP (whatever that means ) - only i'm on an HTC Magic on Android 1.6.

A newer phone with a better screen, Android 2.1, improved camera etc. would all be good. I want to give Vodafone a chance to settle this matter first though, but it doesn't look good so far.

djheath

zzleezz wrote: »

Ok, so if at your gym you take out a 12 month membership and pay a set monthly fee that allows you to use all the equipment in the building what would you do if they suddenly told you that from the 1st of June all use of the treadmills over 10 minutes would be capped and you would be subject to a further charge to continue using it?

Doesnt sound so fair now does it?

And you were sold the membership by being stated that the use of the treadmill was unlimited and you t&c's dont state anywhere that there is a limit on how long you can run!!

gjchester

N20Y1D wrote: »

What about if you join the gym and then halfway through the membership period they introduce a £5 fee for locker usage each month.

Google "cancelling contract minimum term" it's common across all sectors, Gyms are know to be the most agressive people to leave.

To answer your question it depends on the contract. If they say they reserve the right to increase charges for the facilities or charge you for locker use then it probably stands. They told you they had that right and now they are exercising it.

gjchester

essex_chris wrote: »

I do not pay by Direct Debit - an earlier post talking about canceling a Direct Debit looking bad and initiating problems with Vodafone was interesting. What problems?

Probably none in your case.

However if you were paying by DD and cancelled it without an alternative in force then you could be seen to be defaulting on the contract.

gjchester

zzleezz wrote: »

Ok, so if at your gym you take out a 12 month membership and pay a set monthly fee that allows you to use all the equipment in the building what would you do if they suddenly told you that from the 1st of June all use of the treadmills over 10 minutes would be capped and you would be subject to a further charge to continue using it?

Doesnt sound so fair now does it?

Not like that, however...

Consider if they had 2 treadmills and you were on one of them for every minute they were open each day, and no one else could use it. Then if they limited you to 10 minutes so others could use it then it would be more than fair to others, if not to you. You'd abused the fair use policy.

Data bandwith is not unlimited, just like the Gym does not have an infinite number of treadmills.