Here's a copy of my letter should anyone wish to use it

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.

I received the following text this morning –

From Vodafone: To let you know you're nearly at the end of your monthly data allowance of 500MB. If you need to use additional data there will be a charge of £5 incVAT per 500MB , however we won't start charging until 1 October 2010. To stop these alerts, text STOP to 40506 Sent AUG 16 @01:12 UK

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 look forward to receiving your confirmation of my request by return.