[add your name, postal address, email address & telephone number]

Customer Relations
Vodafone Group Plc
Vodafone House
The Connection
Newbury
Berkshire
RG14 2FN
[date]

By Recorded Delivery Post

Dear Sirs,

RE: Termination of Pay Monthly Mobile Contract –Mobile # [your mobile No.] Account No. [your Account No.] .

I hereby terminate my pay monthly mobile telephone contract with Vodafone, in accordance with §11.a of your May 2009 Pay Monthly airtime agreement terms and conditions.

There are two reasons I am terminating my contract:

1. Information posted on the Vodafone eForums on 6 May 2010 at 3:39 PM states that Vodafone intends to introduce Out Of Bundle charging for Pay Monthly customers from 1 June 2010. A further post clarified this on 7 May 2010 at 5:00 PM. The net result is that my agreement with Vodafone will no longer be subject to a Fair Use Policy, as stated in §27 of the Vodafone Your Plan Price Plan Terms.

According to §7 of the Pay Monthly airtime agreement, any changes to the agreement, which includes the Vodafone Your Plan Price Plan Terms, require at least 30 days’ notice. I have received no such notice, and therefore consider Vodafone to be in breach of its agreement.

2. The changes to my agreement as outlined above will mean my mobile usage will be subject to automatic out-of-bundle charges and no Fair Use Policy, a change which is to my Significant Disadvantage as it restricts use of data services, specifically mobile applications, for the remainder of my contract. Any attempt to impose them on me without allowing a penalty–free right to cancel, is unfair and unenforceable as a matter of law.

§11.b of the Pay monthly airtime agreement states I may end my agreement if such changes cause Significant Disadvantage. Furthermore, these automatic charges offend §(i)-(l) inclusive of Schedule 2 and §5 of the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 (1)”(l) …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;..”

You will be aware of Ofcom’s Guidance that this is objectionable “under continuing contracts where consumers are 'captive' – that is, they have no penalty-free right to cancel” but you have not seen fit to comply with Ofcom’s advice that to be fair; Any kind of variation clause may in principle be fair if consumers are free to escape its effects by ending the contract. To be genuinely free to cancel, they must not be left worse off for having entered the contract, whether by experiencing financial loss (for example, forfeiture of a prepayment) or serious inconvenience, or any other adverse consequences.”

I now exercise my legal right to cancel the contract due to your breach of agreed terms, your automatic charges and the Significant Disadvantage that they cause.

I reject as unfair your attempt to artificially limit the right to cancel to some scenarios and not others in the face of the clear legislation and regulatory guidance and General Condition 9. Any attempt to claim a penalty and in particular a cancellation charge will be resisted. These terms are also unfair and therefore non-binding and unenforceable. Any claim for them will be disputed and you will need a Court Order to obtain payment of them. I will defend any legal proceedings for such sums under the Unfair Terms in Consumer Contracts Regulations 1999.

[I have spoken to your account staff and can confirm that no charges have been incurred in excess of the monthly charges paid in advance –which I have paid as usual. I will cancel my direct debit immediately.]

OR

[I have spoken to your account staff and can confirm [£ ] of other charges have been incurred in excess of the monthly charges paid in advance –which I have paid as usual. I will cancel my direct debit immediately. I now enclose a cheque in full and final satisfaction of the remaining charges owed to you under the contract and including any ancillary or collateral contracts, if any.] [NB in this case ---don’t forget to add “In Full and Final Settlement” to the cheque].

Yours sincerely,