Reclaiming from cancelled contract?

Bufger

Last September I wrote a letter to Vodafone giving the required 30 days notice for the termination of my contract. The contract was due to end at the end of September 2012.

At this point I stopped using the phone and SIM (I actually sold the Phone and still have the sim unused). Since this time Vodafone have been taking £20 out of my account on a monthly basis and if they looked they would quite obviously see absolutely no activity on that number.

I know I should have noticed this sooner but I have alot of traffic through that account so its been lost in the numbers.

I'm currently drafting a letter to request the cancellation of the contract with a return of the funds they have taken after Sept 2012 (£125ish)

Is this something anyone else has heard of? what are the chances of my success? I didnt send my original letter recorded delivery but I still have an electronic copy of it and the Word document file has a date stamp (I dont have a signed photocopy only the original word doc prior to printing, signing and sending). I'm guessing the first thing they will say is 'didnt recieve any request'.

Fifer

Did you receive any response to your original termination letter? Did you send it by recorded delivery and do you have proof of receipt?

Bufger

Fifer wrote: »

Did you receive any response to your original termination letter? Did you send it by recorded delivery and do you have proof of receipt?

No, no and no

Thats where I come unstuck. I only have the electronic date for the word file as I didnt think there would be much problem in cancelling a contract I didnt bother paying the extra for recorded delivery (which may have cost me £120!)

macman

If they say they never received it, you haven't a leg to stand on. Proof of posting is not proof of delivery. Did you not cancel the DD after you thought that the final payment had gone out?
The fact that the service has not been used does not in itself give you the right to a refund. The service was still available.

mije1983

macman wrote: »

Proof of posting is not proof of delivery.

Unfortunately the OP doesn't even seem to have this, just the date on their computer when the word file was created and this doesn't even prove he printed it, let alone sent it.

macman wrote: »

If they say they never received it, you haven't a leg to stand on.

It seems this may be the case, unless he can find some sort of goodwill from Vodafone.

Bufger

Ok thanks for the replies guys. Looks like im going to have to send another letter via recorded delivery and make sure its cancelled this time. I'll put this one down to experience!

Silk

Bufger wrote: »

I'm currently drafting a letter to request the cancellation of the contract with a return of the funds they have taken after Sept 2012 (£125ish)

How do you know the contract wasn't cancelled, have you asked them ?
It may be that it's just the DD that wasn't ???

Fifer

I agree, it's at least worth a call. If they got the letter but screwed up, they might 'fess up. You never know.

macman

Silk wrote: »

How do you know the contract wasn't cancelled, have you asked them ?
It may be that it's just the DD that wasn't ???

Only the account holder can cancel a DD. All Voda can do is stop drawing on it, but it still remains active until the OP cancels it.

Guys_Dad

Try your sim in another phone to see if it is working. If not, then they may have proceeded termination but not DD.

If that is the case, contact them before they cancel sim and ask why you have no service band are being charged.