Vodafone - Cancellation

[DanCharn]

Hi all,

 

I have been with Vodafone since february 2012 on an 24mth contract.

 

Quick intro to the issue at hand is that Vodafone put their charges up in november i believe and broke the terms of my contract. I agreed to pay £19.50 a month for 24months but i am now paying nearly £21. I know this isnt a big change but seeing as this is not what i agreed to, i want to end the contract.

 

Now i know Vodafone will try to say that in their terms and conditions it states that they are allowed to up the charges providing it is under 10% however i would like to point out that this term in the contract is unfair and does indeed allow me to cancel my contract. I would like to draw your attention to the following Legal website, legislation.gov.uk/uksi/1999/2083/contents/made

 

There are many parts of this that apply, both indirectly and directly, so please do take note when reading.

 

Now my other two issues are that i have been having intermittent (not working more then working) problems with the signal in my area, even thou i am supposed to have very good signal here, and that the blackberry services have not been working unless i am on my home wireless connection. Another reason why i am asking for a cancellation.

 

I have been told no by customer services already, even after pointing out the relevant laws applicable to my complaint and that if OFCOM or OTELLO were to get involved then a fine could be issued that would cost more then the rest of my contract. Seeing as these laws are applicable, because they are statutory rights Vodafone's T&C's cannot breach these but they do.

 

If Lee does pick this up i have sent an email already with my details and have the reference of 10864623.

 

I hope this matter can be resolved ASAP.

[Lee Vodafone Company Rep]

Hi DanCharn,

 

Thanks for making me aware of your concerns.

 

In regard to the price changes introduced last year we provided a statement on our eForum here.

 

In order to assist you further in regard to the network aspect of your post I'd recommend following the guidance provided on our eForum here.

 

Having checked our emails I can confirm that I've got yours and so please be assured that I'll get back to you as soon as possible.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

 

 

 

 

 

 

[DanCharn]

Hi lee,

 

Thanks for your quick response.

 

However i am disappointed to see that you've basically cast aside the issue of the price rise. This does have legal backing via the link i provided and i do hope that you will consider this issue before the need for any independent parties getting involved EG: Ofcom & Otello.

 

I didnt mention it before but im sure you are aware that ofcom are infact investigating yourselves, among others, in regards to these mid-contract price increases.

 

I would appreciate a speedy resolution to this issue.

[gemspan]

I bought a Galaxy Ace from a Vodafone shop in November. I paid £100 for the phone and wanted PAYG. The shop assistant said if I paid £10 per month I would get more services than I did with PAYG. From the start the only wireless connection that works is the one in my home. I cannot get onto the web when I am away from home. The first month bills were £37....I dealt with Lee and he sorted that for me. This month they are over £40. You can never get on the internet to check your bill and when I try to take a balance it is never up to date. I want to go back to PAYG again as I cannot afford these monthly bills. I am not well and used Freedom Freebies. I am not getting my full package either and yet they say I cannot cancel and go back to PAYG. I agree that the price increase does break your contract and you have every right to cancel. I really do feel that Vodafone somewhere along the line is not behaving ethically.

[bengal66uk]

Dan,

Thanks for the link above, i have just found the following that should help my case with them. Thats if they can actually prove they have a contract and not just a verbal contract.

having read the unfair terms in consumer contracts i think you should consider

The Unfair Terms in Consumer Contracts Regulations 1999 section 5 sub para (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

also under schedule 2 Regulation 5(5)

SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

 

(l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;

 

(o)obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his;

 

(q)excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.

[Lee Vodafone Company Rep]

Hi DanCharn,

 

Thanks for your time on the phone on Monday.

 

As discussed, to enable us to investigate the network concerns you've raised could you provide the additional information requested?

 

I bought a Galaxy Ace from a Vodafone shop in November. I paid £100 for the phone and wanted PAYG. The shop assistant said if I paid £10 per month I would get more services than I did with PAYG. From the start the only wireless connection that works is the one in my home. I cannot get onto the web when I am away from home. The first month bills were £37....I dealt with Lee and he sorted that for me. This month they are over £40. You can never get on the internet to check your bill and when I try to take a balance it is never up to date. I want to go back to PAYG again as I cannot afford these monthly bills. I am not well and used Freedom Freebies. I am not getting my full package either and yet they say I cannot cancel and go back to PAYG. I agree that the price increase does break your contract and you have every right to cancel. I really do feel that Vodafone somewhere along the line is not behaving ethically.

 

Hi gemspan,

 

Thanks for making me aware of your additional concerns.

 

Please be assured that I'll get back in touch with you as soon as possible to discuss these further.

 

In the meantime, I'd recommend following the guidance on our eForum here.

 

Dan,

Thanks for the link above, i have just found the following that should help my case with them. Thats if they can actually prove they have a contract and not just a verbal contract.

having read the unfair terms in consumer contracts i think you should consider

The Unfair Terms in Consumer Contracts Regulations 1999 section 5 sub para (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

also under schedule 2 Regulation 5(5)

SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

 

(l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;

 

(o)obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his;

 

(q)excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.

 

Hi bengal66uk,

 

I'll reply to you here in a moment.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK