HTC Desire Vodafone 500mb Fair Usage Policy

andywicks

andywicks wrote: »

I have had a few responses from Vodafone which state that the notice on the forum does not constitute notification of a change in charges which seems to be contradicted somewhat in the response to my complaint.

Andy

I have drafted this in response. Please review and comment if I have missed anything or made any mistakes

Andy_Wicks wrote:

Andrew,

From reading your previous response, you have confirmed that Vodafone have made an announcement on their eForum which states that Vodafone are introducing new charges and applying them to existing contracts which include the 500MB Fair Usage Policy.

That the application of the new charges will not come into effect for a period of a few months is irrelevant in all of this.

The facts, as I understand them, are:
1. There are no existing out-of-bundle charges in place for a customer who has Unlimited Mobile Internet (with 500MB FUP) in their contract
2. Vodafone have confirmed that they are introducing a new charging structure for customers who use their data allowance.
3. This new charging structure constitutes a change to the Terms and Conditions which were in force at the time my agreement was signed with Vodafone last year.
4. This change to my Terms and Conditions will put me, the consumer, at a significant material disadvantage. As I consumer I have the right to reject these changes and have written to Vodafone to notify them of this.
5. Vodafone have confirmed that, despite me informing them of my decision to reject the changes, they are going to implement these.
6. As a consumer, I have the right to rescind the agreement without incurring any penalty charges.


If you still believe that I am incorrect, I would greatly appreciate a response explaining where my understanding of the facts fall down.

Thanks,

Andy

essex_chris

danielz000 wrote: »

Vodafone have cashed a cheque i sent them in full and final settlement of my account

I'd imagine that they might have cashed it and considered it a part payment!

Did you return your phone and have you used your PAC code yet?

oslingsby

essex_chris wrote: »

I'd imagine that they might have cashed it and considered it a part payment!

Did you return your phone and have you used your PAC code yet?

As long as you wrote on it something like "payment for full and final settlement of account" then you will be fine.

andywicks

danielz000 wrote: »

Vodafone have cashed a cheque i sent them in full and final settlement of my account

You might be interested in this legal case then...

http://www.brewerconsulting.co.uk/cases/CJ0337RR.htm

Also in that case the Judge was quoted as having said "Cashing the cheque is always strong evidence of acceptance especially if it is not accompanied by immediate rejection of the offer".

and

The offer had been described as an offer for settlement of the matters in dispute between the two parties in question.

In conclusion the presentation and encashment of the cheque paid on behalf of the third party by its solicitors constituted the clearest acceptance of that offer of compromise.

Also (taken from http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html)

The circumstances in which you will be bound by a cheque made out in 'full and final settlement' are as follows:

The cheque is offered in circumstances where there is a dispute about the amount owed.
The offer in 'full and final settlement' of the dispute is made at the time the cheque is presented.
You present the cheque in payment and it is duly honoured.
At the time of presenting the cheque or within a short time thereafter you fail to inform the payer that the cheque is not accepted in 'full and final settlement'Number 4 in the above list is critical.
Otherwise, as the Court of Appeal explained in another case, Ferguson v Davis; '...paying in and clearance of the cheque [is] a clear and unequivocal acceptance...'

Looks like you have won this one!

Andy

KevinM2k_2

Well I think i'm happy to wait now, ive just had another phone call from customer relations, and again they have confirmed it is a change (although the lady thought we should have had notification by now and was quite suprised her self that we hadn't).

She told me that if I keep going over they will contact me... and she intitially said we 'may' be able to cancel.. I pushed her on that, and she went away then came back and said we 'would' be able to cancel.

So i'm happy to use my phone as I normally do, and when/if I get the phone call I wil simply terminate my contract, I dont believe they will contact me though. I believe they will have me on a 'dont call about data' list as they know i'll simply cancel.

Kev

nickmack

nickmack wrote: »

I'm not dismissing the possibility they haven't realised my contract minimum period is not up and I might not get the PAC, but it will be interesting to see.

Vodafone retentions just called me and asked why I was leaving. I told them I don't consider 500Mb hard limit sufficient for my use on the Desire.

They offered me:
- £20/month for 18 months
- Free HTC Desire
- 600 mins
- UL texts
- 500Mb internet

This works out cheaper than the best deal I've seen, even if I need to pay an extra £5 for 1Gb of data. Hmmmmm.....

danielz000

essex_chris wrote: »

I'd imagine that they might have cashed it and considered it a part payment!

Did you return your phone and have you used your PAC code yet?

I clearly stated twice, in full and final settlement, along with full calculations of how the amount was reached.

PAC code... I'm happy to see the back of Vodafone, they can keep the number!

Phone... The account is settle as far as I'm concerned, they cashed the cheque before asking for the phone back...

danielz000

andywicks wrote: »

You might be interested in this legal case then...

Looks like you have won this one!

Andy

Thank for that mate

bym007

danielz000 wrote: »

Thank for that mate

Yeah looks like you have nailed this just about right.

Right, I suppose I will be the first one to ask you to tell me what procedure did you follow exactly to achieve this ? A step-by-step guide would be superb mate!

Thanks and once again well done!

andywicks

Vodafone mods are busy deleting posts again. This time a post which discussed the Vodafone complaints procedure was removed and this email sent to me:

DaveN_Vodafone wrote:

Hi AndyWicks,
I am contacting you regarding your recent post on the following thread: http://forum.vodafone.co.uk/topic/57718-mobile-internet-will-the-500mb-allowance-be-enough-for-internet-usage/page__st__1660

A recent post has been removed to ensure that all queries and enquiries follow the correct route of escalation and therefore are directed to the team or teams who specifically handle this type of issue, as this will best ensure a quick response for you. Whilst you are free to continue posting, we ask that you do not repost this link or informaton.

Other posts, including two of yours, which refer to this have also been removed to avoid confusion.
Kind regards
DaveN_Vodafone
eForum Team