RE: Mobile telephone number 07********* Account Number: *********/00001 Name of account holder ************** PLEASE NOTE THIS IS BEING SENT BY EMAIL BUT A HARD COPY WILL BE SENT TO Vodafone UK Ltd., Vodafone House, The Connection, Newbury, RG14 2FN. A copy has also been sent by the “form” on the Vodafone “contact us” section of the website. 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. Also with reference to your published instructions and guidance on how to cancel dated 17-08-2010 I received the following text on the 18th August 2010 at 15:36 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.” As you can see by my bills, the past 3 months my bills have been £35.44, £34.97, £34.99+vat including internet usage Also as you are aware I have already gone over the 500MB mentioned in your text message and therefore this will put my bill up by more than the 10% you state is needed to cancel. 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. This cancellation is in accordance with Vodafone’s published guide and advice from your website on this page http://forum.vodafone.co.uk/forum-53...rnet-charging/ dated 17-08-2010 The relevant sections reproduced below. Can I terminate my agreement because you have changed your charges? Your contract allows you to terminate if the changes to our charges means you have suffer an increase in your total call and usage charges by more than 10%. This will be compared to your previous month’s usage. However you will only be entitled to terminate once we have introduced those charges – this will not happen unless or until you have continued to exceed your data allowance and we have notified you that we intend to charge you. You will need to send us written notification that you intend to terminate your contract and this must be sent to us before the charges are introduced (we will give you at least 14 days notice). Who do I write to if I feel that I have a right to terminate because of these charges? You will not be able to terminate unless we have sent you a notice of our intention to charge you for out of bundle data usage. If after receiving this notice you feel that this has increased your total usage charges by more than 10% then you will need to write to us informing us that you want to terminate your contract. Please send your written notice to: Vodafone UK Ltd., Vodafone House, The Connection, Newbury, RG14 2FN. Also in accordance with the published information by the VODAFONE administrators on the vodafone user forum here: http://forum.vodafone.co.uk/topic/71...es-are-coming/ Again the relevant sections are reproduced below MartinB_Vodafone • • Advanced Member • • Group: Administrators • Posts: 1,867 • Joined: 30-November 09 • Gender:Male Posted 17 August 2010 - 09:32 AM Hi JWB99 The text notification is to let you know that you are about close to using all of the data on your package. Although the charges don't come into place until October, you would be able to write to us to request to cancel now. All of the information around this is still available in the announcement and has just been updated. Martin eForum Team JWB99 • • Advanced Member • • Group: Members • Posts: 38 • Joined: 07-May 09 • Gender:Male • Handset(s):HTC Magic Posted 17 August 2010 - 11:27 AM MartinB_Vodafone, on 17 August 2010 - 10:32 AM, said: Edited as incorrect information Are you sure? The announcement seems to disagree with you .... 'You will need to send us written notification that you intend to terminate your contract and this must be sent to us before the charges are introduced (we will give you at least 14 days notice). ' It suggests that I have to cancel prior to the charges being implemented and you're suggesting the exact opposite .... ! And coincidentally, I received the text warning me I may be charged on the 16th - 14 days prior to the 1st Oct mentioned in the text! I would have thought that Vodafone would have had chance to pull a little consistancy together on this PR disaster by now ... John MartinB_Vodafone • • Advanced Member • • Group: Administrators • Posts: 1,867 • Joined: 30-November 09 • Gender:Male Posted 17 August 2010 - 11:37 AM JWB99 We've sought clarification, and the messages you may now receive do count as notification, so you can request to cancel from now following the instructions in the link above. Thanks, Martin eForum Team P.S. To avoid confusion over this topic I've edited out the messages above. We're not hiding anything, the information in its current form is more in your favour. I look forward to receiving your confirmation of my request by return, along with my final bill.