Originally Posted by kill_bill

My letter went Tuesday, so will follow up next week to get my PAC code and then port it to a PAYG temporarily until I can find an iPhone 4

Hi guys,

Thank you all for posting, I can definitely understand your concerns regarding this issue.

In regards to cancellation requests in relation to your bill increasing due to going over the Fair Usage Policy, you'll be able to request a cancellation if your usage charges are going to increase by 10% or more. As far as we're aware though, this rule doesn't apply on any new contracts taken out after November 2009 as the terms and conditions are different. We're not 100% on this though, so we are actively seeking clarification so will let you know when we have it.

For anyone who is looking to cancel for the above reasons, please use the Contact Us form and our customer service teams will be able to check whether you're eligible to cancel or not.

George
eForum Team

Originally Posted by Snaps

I have not received anything yet. And ive done way over 1Gb yet

I have my cancellation letter done and dusted, and ready to go

Originally Posted by Snaps

An interesting development. Are they ****ing taking the piss?

Hi *******,
In order to cancel your contract you will need to give us a 30-day notice via email.
The contract for your number 07901106807 will complete on 9th December 2011. If the account is cancelled before the contract completes you would be charged an early cancellation fee. The fee as of today is £454.84. As the line rental is charged on pro rata your early cancellation fee will keep on reducing on daily basis.
Final Bill:
Further to this, you'll receive your final bill the following month after the cancellation, at your usual time. The final bill will consist of the early cancellation fee and the usage until the cancellation date. Please do not cancel your Direct Debit until your final bill has been paid.
If you wish to cancel your account with 30 days notice, you will need to make payment for the early cancellation fee and then email your cancellation request.
To pay the early cancellation fee, you can choose any of the payments options below:
Payment by Credit/Debit card
To make a payment by credit / debit card, please call us on 191 from your Vodafone mobile phone or 08700 700 191 from a fixed phone line or +447836 191 191 whilst abroad (7 days a week between 8:00 to 22:00 hours) and select option 1 followed by the option 2. Our advisors will be happy to assist you.
Payment by cheque
If you wish us to send a cheque, please post your cheque along with the details mentioned below:
1. Cheque payable to Vodafone Limited.
2. Write your account number and mobile number behind the cheque.
3. Send the cheque and payment slip to us in the envelope attached to the bill or else in any other envelope to the address mentioned below:
Vodafone Limited
P O Box 932
Doncaster
DN4 5XW
Once you make the payment, please get back to me with 30 days notice for the cancellation of your account.
Your business is important to us *******, and we would not like to lose you as our customer. To resolve any queries you may have, please call us on 191 free from your phone and select option 3 followed by the option 2 between Monday to Friday between 08:00 and 20:00, Saturday between 09:00 and 18:00, Sunday between 09:00 and 17:00.
In case if you do not wish to call us on the above number then please get back to me with the reason you need to cancel your account and I assure you that I'll assist you with your problems with my level best.
Vanessa , you can also transfer your mobile number to Pay As You Talk and retain your existing mobile number. You will be able to use your same SIM card and phone. If you wish to transfer your number to Pay As You Talk, please let me know.
All Vodafone customers exceeding their data allowance will receive a text alert at 150%, 200% and 250% to tell them they’ve exceeded their allowance, and that a price plan with a higher data allowance might be more suitable.
If you'll continue to break your allowance we’ll let you know that we’re monitoring your data usage and ask you to choose one of the following options:
Upgrade to a higher data bundle / allowance e.g. CTR5 1GB price plan
Upgrade to a tethering bundle for:
- £10 for 1.5GB
- £15 for 3GB
Customers that are persistently over the allowance will be alerted by the credit team that they’ll need to pay over next month at published rates of £5 per 500mb for bundle customers
To know more about the Mobile Internet service, please Clickhere.
I trust the above information is helpful.
Kind regards,
Rakesh Sharma
Vodafone Customer Services
We hope you have found our Email Customer Service helpful and convenient. To contact us please click 'here'.
Thank you for being a Vodafone customer and I hope you enjoy all that Vodafone has to offer.
Vodafone has logged your email address in case it needs to contact you about other matters relating to your account. It may also be used for marketing purposes - you will soon receive an email explaining this and how you can opt out.

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
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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
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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
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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.