Vodafone changed T's & C's on non expiring data SIM

killie999

For a number of years I have been using a non expiring data sim/dongle on Vodafone. The only requirement is that you use it at least once every 270 days to keep the credit live.
I tried to use it a couple of weeks ago and it now turns out that Vodafone have changed the T's & C's for this sim/dongle and it now expires every 30 days rather being non-expiring (it was sold as a non-expiring product). Surely this can't be legal? I only bought the product because it didn't expire and £15 of credit has lasted me about 3 years whereas now if I want to use it I have to pay for either 1 day access or 30 day access. Thinking about my usage over the past 3 years this would mean it will now cost me £10 a month (a total of £360) rather than £15 for the past 3 years! There is a large thread on the Vodafone forum incase anyone wants to see what I mean. I received no notification of the changes until I was locked out (I cant pot a link as I am a new user on here).
Where do I stand getting Vodafone to either re-introduce the original T's & C's or fully re-imburse me for the original cost of the sim/dongle and my current £14 of credit which is showing on my account that I can't use unless I agree to their new T's & C's!. Sounds like really sharp practice to me.

InsideInsurance

You need to read your original contract in terms of clauses about variation of terms.

Almost all service contracts will allow the provider to change the terms over the course of time given sufficient notice to yourselves (normally a month or two is considered sufficient).

You potentially have an argument to make over having not been given the required notice but I suspect if you raise a complaint they will be able to confirm exactly when you were given notice.

killie999

But surely this is such a HUGE change to the T's & C's that it shouldn't be possible? It was sold as a non-expiring credit sim/dongle and they now have changed the T's & C's to say that it IS a credit expiring sim/dongle. If it had originally been on sale as a 30 day credit expiring dongle I would not have bought it - that was the carrot they used to get people to buy the dongle in the first place.
If they had changed it so that instead of having to log in at least once ever 270 days to once every 30 days then I could have coped with that but they have changed it so that it will expire after 30 days regardless of it being used or not.

It's a bit like buying a PC, which comes with a license for Windows or whatever OS, and then Microsoft coming along and saying 'actually, even though you have paid for your license as of 30 days time you will not be allowed to use the PC unless you start paying us £10 a month, every month'.

tomtontom

Answered for you here, and on several other threads on the Vodafone forum:

http://forum.vodafone.co.uk/t5/Pay-as-you-go-services/Non-Expiry-Data-Sim/td-p/1781512

killie999

There isn't an answer there, there is just the same old mantra from Vodafone - they can do it, they've done it, they can't issue refunds, tough.

What I asked at the beginning of this thread is can they legally do this? Forgive my scepticism but Vodafone telling me they can it doesn't wash with me as they have a vested interest to say it's legal. I was hoping someone on here might be able to tell me what my rights are regarding such a huge change in T's & C's, anyone?

The original T's & C's state:

'If you have a K3565 USB dongle you get 1GB of data for £15. There's no time limit on this credit, but if you don't use your USB dongle for 180 days your account will be suspended'

InsideInsurance

You need to read all the terms, not just the nice ones in the headline. In particular there should be a section on the change/ varying of terms

unholyangel

As above, you really need to check the T&Cs. However bear in mind that it being in the terms doesnt make it legal:

10.2 If a term could be used to force the consumer to accept increased costs or
penalties, new requirements, or reduced benefits, it is likely to be
considered unfair whether or not it is meant to be used in that way. A
variation clause can upset the legal balance of the contract even though it
was intended solely to facilitate minor adjustments, if its wording means it
could be used to impose more substantial changes.

10.3 Such a term is more likely to be found fair if:
(a) it is narrowed in effect, so that it cannot be used to change the
balance of advantage under the contract – for example, allowing
variations to reflect changes in the law, to meet regulatory
requirements or to reflect new industry guidance and codes of
practice which are likely to raise standards of consumer protection
(b) it can be exercised only for reasons stated in the contract which are
clear and specific enough to ensure the power to vary cannot be
used at will to suit the interests of the supplier, or unexpectedly to
consumers (see paragraph 11.5)
(c) there is a duty on the supplier to give notice of any variation, and a
right for the consumer to cancel before being affected by it, without
penalty or otherwise being worse off for having entered the contract.

Your key argument is (imo) the bottom part. That you are unable to cancel before being affected by it/being worse off for having entered the contract.

However bear in mind you're only worse off to the tune of £15 (or less depending how much credit you used). It may be better just to cancel it altogether and find another supplier because really, you can't force them to keep supplying under the old contract terms.

killie999

Thanks.
So, I have a dongle (which is locked to Vodafone) which I do not wish to use with any of the services which Vodafone have offered me as I can get much better deals elsewhere. Where do I stand trying to recover the cost of the dongle which HAD to be purchased from Vodafone to get the non-expiring data SIM?
Also, I have spoken to 3 people at Vodafone and all 3 of them have told me they will not refund my unused credit of £14 (although some people seem to have been able to get the balance refunded - seems like pot luck who you get through to at customer services?). Is there some piece of legislation that I need to quote to force them to refund me?
To me it seems like legalised theft if they are allowed to do this.