Template email if Vodafone failed to inform you had the right to cancel

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: ***personal details removed*** 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.

ruggedtoast

Its a good try but Vodafone have shown time and time again they dont care about their customers contract rights. I believe they have jiggered with my contract three times in the last year and a bit.

I am going to steer clear of them in future.

musical_norwich

Well it worked with me at Vodafone before and twice at T-Mobile.

There is no point to talking with the bods on the phone, but Director's Office/OFCOM and/or Court does work. You just need to know your rights under GC9.3 and GC18.

It won't stop them doing it but it will get you a PAC without an early termination fee.

See more information here too if you're interested.

ruggedtoast

musical_norwich wrote: »

Well it worked with me at Vodafone before and twice at T-Mobile.

There is no point to talking with the bods on the phone, but Director's Office/OFCOM and/or Court does work. You just need to know your rights under GC9.3 and GC18.

It won't stop them doing it but it will get you a PAC without an early termination fee.

See more information here too if you're interested.

I did battle with Vodafone before when I was blatantly missold two contracts by lying phone sales staff, and then denied the option to cancel by lying phone admin staff.

They recognised it in the end and I got some compensation, However the amount of time it took to get that compensation was barely worth it. It was a matter of principle then and I wouldnt let it lie.

I suspect this would be the same, I just dont have the time or the enthusiasm to go through it again with them so I guess I'll wait out my contract and then leave.

steve__

I realise I'm a bit late here but I was never informed of the changes so I've only just found out about the charges I'm incurring.
Would it be any use if I was to send this onto my MP too?