Vodafone to Change Prices from 11 Oct 2011

musical_norwich

Guys,

Only just seen this thread. I've been through this with both Vodafone (once) and T-Mobile (twice), and Vodafone is clearly in the wrong. Vodafone is trying it on here. The terms and conditions aren't the whole story.

The OFCOM guidance is here.

It is worth getting in touch with OFCOM. The telecoms operators have form, and last time T-Mobile tried something like this, it was pressure from OFCOM that forced T-Mobile to back down. An explanation of the legal framework, Condition 9.3, is here. We embarrassed T-Mobile via twitter, which was very effective.

Vodafone needs to inform all customers not only of the changes but also inform you that you have the right to leave if the changes are to your material detriment and give 30 days notice. 10%, and the last month's bill BS, is an attempt to unilaterlally restrict those rights not seen in the law - you shouldn't play by Vodafone's rules as they are breaking the law. If Vodafone did not tell you in the event of material detriment that you could leave Vodafone is breaking the law.

Vodafone also cannot refuse you a PAC, even if you refuse to pay the early termination fee or owe them money. It is then down to Vodafone to chase you, which seems unlikely. OFCOM guidance on the PAC issue is here.

I can't believe OFCOM is letting Vodafone get away with this again. Here is the letter I used last time to leave when Vodafone last changed internet pricing. Vodafone knows it is in the wrong.

The successful T-Mobile letter is here. It might be useful. My advice would be to demand PAC under GC18 and give notice under Condition 9.3. Then it is Vodafone's problem to prove you did not have the right to leave and chase for money. Send the letter registered mail to cover yourself. I personally didn't, and wouldn't, take the ombudsman route if you're reasonably sure you can show it would have caused material detriment in the past or is likely to at any point in the future. The law is quite clear.

If you need any help let me know. Wish I had seen this earlier.

Aeryn

I have till December 16th till my contract runs out, I'm hoping to find work by then and pay it off. They did tell me they were changing prices but they did not tell me I could leave them if I was not happy. I'm wanting to go on Giff gaff.

musical_norwich

Here is an OFCOM complaint email template, which worked last time with T-Mobile. I have modified it for Vodafone. Ed Richards is the CEO of OFCOM. OCCtelecoms is the department within OFCOM that deals with this issue. Guy Laurence is the CEO of Vodafone. Viviane Reding is the EU Commissioner responsible for consumer law. Do send it to your MP too - quangos hate that. Just change the email address cc to send it to your MP and add your address in the penultimate paragraph. If enough people send it OFCOM will act. MPs' email addresses are in the format: [EMAIL="firstname.surname.mp@parliament.uk"]firstname.surname.mp@parliament.uk[/EMAIL]. You can find your MP using the tool here.

To: [EMAIL="OCCtelecoms@ofcom.org.uk"]OCCtelecoms@ofcom.org.uk[/EMAIL]
Cc: [EMAIL="ed.richards@ofcom.org.uk"]ed.richards@ofcom.org.uk[/EMAIL]; [EMAIL="guy.laurence@vodafone.com"]guy.laurence@vodafone.com[/EMAIL]; viviane.reding@ec.europa.eu; INSERT YOU MPs EMAIL ADDRESS HERE
Subject: Re: Vodafone

I have copied this email to my MP and I ask that you copy any response to them also.

I want to complain formally about OFCOM's inaction regarding Vodafone's decision to:

- unilaterally change its terms and conditions to the detriment of its customers;
- disregard its legal responsibility to give 30 days notice;
- disregard its legal responsibility to tell customers they can leave in the event of material detriment;
- disregard its legal responsibility to allow customers to leave without penalty;
- disregard its legal responsibiliy to provide a PAC code.

While I accept that arbitration exists, this is clearly not a question of individual problems between a telecommunications operator and consumers. It is a blanket change which has a detrimental effect on tens of thousands of customers and Vodafone is showing a complete disregard for OFCOM and the EU directive which OFCOM has a statutory duty to enforce. This is not light-touch regulation, it is no regulation at all. In the light of the repeated failure by OFCOM to enforce EU law, this email is copied to Viviane Reding, Vice-President of the European Commission.

Vodafone has, quite systematically and repeatedly, told OFCOM one thing (that it is obeying the General Conditions and pointing to one section of its intentionally inconsistent Terms & Conditions) whilst doing the exact opposite (ignoring the General Conditions; telling thousands of consumers that they do not legal rights to object or cancel despite likely detriment contrary to GC9.3 by pointing to another section of those inconsistent-by-design Terms and Conditions; that they cannot have a PAC without paying a termination penalty contrary to GC18).

Vodafone's T&Cs are blatant attempts to avoid consumer protection legislation and Vodafone has designed computer systems and call centre scripts and policies which clearly break the law - its staff refuse to issue a PAC without demanding an early termination fee, for instance. Vodafone has broken and misrepresented the law to consumers repeatedly, and has done this before (i.e. when it cut internet FUP in 2010). Yet still OFCOM does not take any formal action.

It seems quite clear that Vodafone has been systematically and intentionally breaking the criminal law under the Fraud Act 2006 with its duplicitous behaviour, committing both:

a) fraud by failing to disclose information under Section 3 of the Act (where OFCOM has been the victim); and

b) fraud by false representation under Section 2 of the Act, when Vodafone has demanded, and sometimes received, money which it has assured OFCOM it does not or will not seek, and Vodafone knows it is not entitled (where consumers have been the victim).

Surely, now aware that Vodafone appears to be guilty of the serious criminal offence of fraud, OFCOM has a legal duty to ask the police to investigate, particularly given Vodafone's market share and that competitors appear to have suffered commercial disadvantage since some competitors have, in the main, obeyed the law, or, in Everything Everywhere's recent case, been forced to abide by it. A referral by OFCOM will be less embarrassing and cheaper than the police becoming involved following complaints by members of the public, investigations by the press and FOI requests.

I will be taking up this matter with my MP, as, given your inaction, one has to wonder what is the point of the millions spent on OFCOM if it does not apply the legislation it has a duty to enforce.

Please enter my complaint into your formal complaints process. My address is ENTER YOUR ADDRESS HERE.

I look forward to hearing from you.

fox2319

musical_norwich wrote: »

Guys,

Only just seen this thread.

Snippy

...

Thanks for that. I've already sent them a letter by recorded delivery stating my position and started off ADR through the ofcom website and was waiting to see if I got a reply.

I'm upset that they've loaded the contract in their favour. They pretty much force you to get an 18/24 month contract by making the shorter plans impractically expensive and then change the terms mid-contract, it's put me off long contracts now and when I get vodagone I'll be going to a simple monthly deal (giff-gaff maybe)

Do you think it best to keep waiting or shall I just edit your letter and send it off?

musical_norwich

fox2319 wrote: »

Thanks for that. I've already sent them a letter by recorded delivery stating my position and started off ADR through the ofcom website and was waiting to see if I got a reply.

I'm upset that they've loaded the contract in their favour. They pretty much force you to get an 18/24 month contract by making the shorter plans impractically expensive and then change the terms mid-contract, it's put me off long contracts now and when I get vodagone I'll be going to a simple monthly deal (giff-gaff maybe)

Do you think it best to keep waiting or shall I just edit your letter and send it off?

I'd send the OFCOM/CEO/MP email and see what happens. Vodafone and OFCOM will hate that.

pete1969

Sorry to be the bearer of bad news but vodafone are taking 1 minute of your allowance if you make a 5 second phone call. Even if you are within your allowance. Try it out for yourself by checking your bill on line.

Warrick

Thanks Musical Norwich, I've given that a go.

Didn't think of going down the Ofcom route.

I'm going to go through the Ombudasman proceedures anyway, as I've already started, but I've kind of resigned myself to having to take them to court.

fox2319

Anyone heard back through either ADR or OfCom?

Keep us posted on here please?

Warrick

I heard back from the ombudsman yesterday. They've taken my details and I should have all the paperwork back from them today to get the official complaint moving.

I'll keep you posted.

lyndseyplastic

I today have received my deadlock letter from vodafone, so of to the ombudsman I go, if anyone has any tips on what I should say that would be greatly appreciated. Thanks.