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Posts: 38 | Thanked: 10 times | Joined on Feb 2010
#471
Looks like I have finally got my wish! got this text today

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

Cancellation letter going in today!
 

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Posts: 38 | Thanked: 10 times | Joined on Feb 2010
#472
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.
 

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Posts: 247 | Thanked: 106 times | Joined on Jan 2010 @ Coventry, UK
#473
Originally Posted by Ykho View Post
I just received this text today

You have exceeded your monthly 500MB data allowance. You may find a priceplan with a higher data allowance more suitable. Please call customer services for more information. To stop these messages Text STOP to 40506. You have not been charged. Sent AUG 12 @19:39 UK

has anyone else received anything like this??
Yes! ive had it too. so, how do we procede? phone em up and then send letter?? i need my PAC number!
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Ykho's Avatar
Posts: 242 | Thanked: 86 times | Joined on Jul 2010 @ UK/Scotland
#474
Originally Posted by mr_bridger View Post
Yes! ive had it too. so, how do we procede? phone em up and then send letter?? i need my PAC number!
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haha I have no idea I was hoping someone could help me out.
well the good thing is they havnt charged us, the bad thing is that this may serve as a notification of them changing the t&cs, so they may claim that they have informed us via sms
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Posts: 1,038 | Thanked: 1,408 times | Joined on Feb 2010 @ London
#475
yes but once they have informed you, you have a right to cancel if the new charge is 10% higher than your monthly bill.

now they have informed us - we can cancel.
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Posts: 38 | Thanked: 8 times | Joined on Jan 2010
#476
Can anyone CONFIRM that we can now send a cancellation letter in once we receive the above text?
I received mine today and as above it states they wont start charging until the 1st of October.

Do we send the cancellation letter now, or wait until we get charged?
I did obviously download another 200MB of data once I got the text telling me I was approaching the end of my monthly data allowance to make certain it was over 500MB
 
Posts: 377 | Thanked: 68 times | Joined on Dec 2009
#477
CONFIRMED! IF YOU GET THE FOLLOWING MESSAGE, YOU ARE ENTITLED TO CANCEL NOW!:

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.
This has also been confirmed by Vodafone staff.

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

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.
HOWEVER, IF YOU ARE STILL GETTING THESE MESSAGES, THEN YOU CANT CANCEL YET!:

you have exceeded your monthly 500mb allowance. You may find a priceplan with a higher data allowance more suitable. Please call customer services for more information.
Hi Imran, this is just letting you know you've exceeded your allowance, so at this stage we haven't informed you of any charging yet. For now, everything remains the same for you, until you receive a message like the one above, so you can't request to cancel yet.
I have not got those messages yet, but I also have not yet hit my limit for this month!

For now, I wish you luck, I have a bunch of pointless stuff to download lololol

/opens transmissions

SOURCE: http://forum.vodafone.co.uk/topic/71...es-are-coming/
 

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Posts: 377 | Thanked: 68 times | Joined on Dec 2009
#478
Additionally, Kill_Bill,

What about PAC codes to transfer your number. Will you call them and ask them for this.

Also will you cancel your Direct Debit and then ask for the final bill?
 

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Posts: 247 | Thanked: 106 times | Joined on Jan 2010 @ Coventry, UK
#479
Spoke to them on the phone. no help really. she said to email them. si i have, requesting termination. can only input 900 characters tho, so its really hard. will see what they say.
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Posts: 377 | Thanked: 68 times | Joined on Dec 2009
#480
Hmm, I am convinced that i have downloaded at least 800Mb this month alone, and still no texts at all from Vodafone
 
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