Cancelling contract

[starman0147]

Hi guys

I need some help in cancelling my contract with Vodafone.
I took out a 12 month contract with them in February 2003, I upgraded my phone in December 2005 (would have done it early but they never bothered telling me that I could do that after 10 months!) now I am looking to cancel it after having extremely poor network coverage, however now they want me to pay a cancellation fee as they say I am on a 18 month contract but have never mentioned it before now. I would have thought amending a contract requires the customers consent and signature. They also want me to give a 30 days written SIGNED notice to confirm, is this right?

What can I do?

Thanks

[rude-dog]

unfortunately they get you by a certain clause in the contract that states when you recieve the upgrade phone, you agree to the terms of the contract by accepting it (ie keeping it) you obviously have the 14 day cool off period, but it pretty much works that if you've still got the new handset after the 14 days it ties you to the contract.

they don't have to point out the fact that it's a 18 month rather than a 12 because it will be in the terms and conditions which they send out with. or just after the new handset arrives

you could try to complain via contract law, stating it's unfair, hence unlawful, (a contract must be lawfully fair for both parties) buts it's not an easy proccess and and can be time consuming and costly. the only way you may be able to blag it is via 'misrepresentation of the facts', stating this wasn't verbally agreed, but im sure you'll just here them say 'you should have read the terms'

i worked in the mobile industry for many years at retail level and although i hate to say it, i watched many people try and fail in similar situations

have you thought about downgrading your tarrif to the cheapest one, then paying your way out of it?

as for the 30 days written notice, this is common in the industry and most providers ask for this to cancel

[woody67]

Originally Posted by rude-dog

you could try to complain via contract law, stating it's unfair, hence unlawful, (a contract must be lawfully fair for both parties) buts it's not an easy proccess and and can be time consuming and costly.

No, you would cancel the contract and direct debit, and let them attempt to sue you in the courts - small claims track. Then you would argue the contract

We don't know what was said, done or recieved when the OP took out the new phone and contract, but the phone companies are on sticky ground if they try to sneak in a new contract, which is more onerous than the previous one. Just paying the bill does not automatically imply acceptance of the companies version of the terms - it could imply that you accepted your version.

There are the basics of contract formation (discussed here before) which may not have been fullfilled, and then there are the intentions and actions and end results to be considered.

From what I hear, this type of contract renewal (not just phones either) is open to challenge, and the company relies on their size and the customers reluctance to challenge them.

If you argue a good case, and have facts to prove your side, you should succeed.

Put together a letter, assertive and factual in tone, pointing out your side and your notice to cancel the contract under the agreed terms.

Ask them to confirm this, and notify you if they do not agree to this cancellation (turn around their own tactics),and say if they don't disagree then you take it as accepted. Send the letter recorded/signed for delivery.

[starman0147]

Originally Posted by rude-dog

unfortunately they get you by a certain clause in the contract that states when you recieve the upgrade phone, you agree to the terms of the contract by accepting it (ie keeping it) you obviously have the 14 day cool off period, but it pretty much works that if you've still got the new handset after the 14 days it ties you to the contract.

they don't have to point out the fact that it's a 18 month rather than a 12 because it will be in the terms and conditions which they send out with. or just after the new handset arrives

Thank for the replies.


I can’t believe what a bunch of weasels Vodafone are!
I never got any agreement or terms and conditions saying that I have been put on a 18 month contract when I upgraded my phone, what they told me over the phone was that everything will be the same after the upgrade.


So what you saying rude-dog if your initial contract is 12 months and if you plan to upgrade your phone no matter what you will be put on an 18 month contract! If that is true I can believe how mobile phone companies are aloowed to get away with that, 99% of contracts, warranties etc are 12 months; this is extremely unfair that mobile phone contracts are 18 months!

At the moment I am using email to contact them as it fast to get a reply and I have everything in writing, I don’t trust them over the phone, they play dumb and keep on passing you around and there is no communication between their department, it’s the same in store they are just as bad, they never deal with you directly they alway tell me to call customer services when I have a problem.

I will see how far I get with emailing them otherwise I will be writing a letter as woody67 suggested.

Also as for the 30 day written notice I know people who have been able to cancel their contract via email within 5 days, or over the phone the same day, I had never came across the 30 day notice till now!

Once I have got out of this contract I very much doubt I will going on another contract and will probably be sticking to PAYT for the moment and one things for sure I wont be using Vodafone ever again and I will be advising everyone I know to avoid them like a plague.

The word Scum comes to mind!

[rude-dog]

no, thats not the case, just cos you upgrade it don't mean you automatically go onto an 18 month contract. if you were never told or never received new terms and conditions then you have a good case, they'll obviously say 'we sent them to you' - ask them for proof of that!

18 month contracts came in a year or so ago as a way to make extra revenue for the networks, personally i wont go near them. alot of people though have been caught out by them though, not realising that they were now being tied for 18 months, purely because the networks are crafty and they know that if they advertised it at the time of upgrade, you pretty much be sure that at least 50% of people would decline and look for a 12 month elsewhere

if your good at blagging stuff then i'd say you'll be able to talk you way out of it. just play the card that you wasn't informed about it and that you never got the new terms and that you'll persue the matter legally if they don't budge

as for the 30 days written, voda have always asked for that, i worked for them a good 8 years ago now and they requested it then... think of it like this: it secures them 1 more payment from you before you leave! times that by how many people cancel every day, times 365 days a year = big money for them!!! it's wrong i know, but thats the big corps for you


good luck with it

[Ludicrous69]

1. Don't cancel you're Direct Debit and stop paying the contract, this will only result in Voda passing the debt to a debt collection agency and will lead to a black mark on you're credit report which may affect you in future when you need credit

2. Why anyone is with Voda (and Orange) is beyond me, Voda is the most expensive network and both brand there handsets so much it's criminal

[azz]

is there a cooling off period for new contracts ?as i went to phones 4u today inquiring about a new phone but i ended up getting 2 18m contracts and i am now thinking what have i done?

azz

[siany]

Usually 14 days, but it depends on the network. Some networks don't allow you to return contract phones, which should be printed on your contract if this is the case.

[woody67]

Originally Posted by Ludicrous69

1. Don't cancel you're Direct Debit and stop paying the contract, this will only result in Voda passing the debt to a debt collection agency and will lead to a black mark on you're credit report which may affect you in future when you need credit
(

No. It will be be disputed, and either not put on the file until resolved, or if it does get on, you can put a note against it stating your version.

In either case, when the matter is resolved, any note should be removed.

It won't affect any credit checks in the long term.

A debt is only a debt when it is confirmed to be legally and contractually owed. Just because Vodaphone say you owe it, does mean that you do owe it. And if you do dispute it, any involement by debt collectors can be regarded as harassment

[faza20]

Originally Posted by starman0147

Hi guys

I need some help in cancelling my contract with Vodafone.
I took out a 12 month contract with them in February 2003, I upgraded my phone in December 2005 (would have done it early but they never bothered telling me that I could do that after 10 months!) now I am looking to cancel it after having extremely poor network coverage, however now they want me to pay a cancellation fee as they say I am on a 18 month contract but have never mentioned it before now. I would have thought amending a contract requires the customers consent and signature. They also want me to give a 30 days written SIGNED notice to confirm, is this right?

What can I do?

Thanks

Hi starman0147

Sorry to read the problem your having cancelling your account.

I work for Vodafone and will be able to help.

To resolve your problems, we would need to look at your account. If you want to get in touch, go to www.vodafone.co.uk, then contact us. You will then be able to send us an email. If you include FIT135 in the body of the text, it will be picked up by a team who monitor the public forums, and will be more than happy to help.

[KAIZR]

To the best of my knowledge, a 14 day cooling off period is law for all financial agreements with companies, so this should be applicable for entering into a Direct Debit agreement. As long as the handset is in the same condition on return, there should be no problem.

I once stated that I have been posted abroad for my job and will not need a phone but will defo be getting a new contract in 6 months when I come back. Phones4u were cool with that, although it took Voda 3 months to stop sending a final bill for the full 12months and to amend my account; the swines! Oh and once P4U cancelled my Voda contract I popped over the road to CW to take an Orange contract.

[Dizzy1]

Hey all,

Just found this thread in a desperate bid on google to find some information about terminating contracts on Vodafone - glad to see I'm not the only one having problems.

Basically what's happened to me is I took over a contract from a friend as a favour, as she was moving home to Australia. I never signed anything - it was all done over the phone, and I'm hoping I'll be able to use that to get out of it.

I'm on a £22/mth contract, which is already more than what I was happily paying on O2 PAYG, however they keep charging me £36. Every time I ring customer services I'm passed around and everyone is vague, I ask questions over and over and never get a straight reply. They're not keeping to what I understood to be the conditions of the contract at all - it isn't even the same thing my friend I took it over from is getting! Then they tell blatant lies - for example, I asked how much it would cost to text New Zealand (where my family are) and was told it'd be free, the texts would just come out of my bundle.

However, when I got entirely fed up and went into the store yesterday to complain, I was told that they are in fact 24p PER MESSAGE. Thankfully he reimbursed me the £7 I'd wasted in the past month unwittingly - that they'd effectively stolen. However, in the shop - although after an hour of trying to work out exactly what had been going on I had some idea of what my contract involved - the man was incredibly patronising and not particularly helpful. I had various 'extras' that I had apparently signed up for that were charging between £3-£5 a month, which I'd never even heard of before. Apparently they can't be cancelled either, as they don't show up on screen and "I don't know what they are so we can't stop them". Which can't be legal as far as I'm aware. Then there was the VAT charge, which I was under the impression it was included in the tarriff.

Etc etc.

I could go on forever.

So now I want to cancel my contract - obviously - but I'm told I'm not allowed to cancel it at all until the 5th of May, which isn't far away but I want out now, I'm so angry with them. Apparently this is because that's the condition of my friend's contract, but considering how ripped off I've been and how I never signed anything and aren't even getting the same package she was, I'm wondering if it could be disputed?



Anyone got any suggestions after my long ramble? Starman, I fully sympathise. Vodafone suck, stay clear.

I'm going straight back to o2.


Thanks all!!!!!


EDIT: I should add that I ran back and forth from the bank to the phone shop for 45 minutes yesterday trying to arrange a direct bank transfer to Vodafone. I'd left more than the amount in the account it charges to, but of course this didn't go through as they're charging far too much. So they rang up and threatened to freeze my phone... I reluctantly paid the money, and was then moaned at by the man in the store for making their lives so much more difficult by not paying by cash or cheque. Rude people. I'm so tempted to stop the transfer altogether, but I don't want a bad credit rating and I'm sure they'd stoop that low...

GRRRRRR.

[woody67]

You have certainly got a few issues there! lol

A contract does not have to be in writing for it to be binding.

You need to get hold of a copy of the contract terms - either ask direct or off the website if available. Then you need to talk to someone other than the normal CS operator, to discuss what you thought your contract was, and what voda thought it was.

This may take some time, and for the sake of two months, you may like to consider if it is worth getting even more stressed about it?

[God's Hamster]

Been with Vodafone for 10 years. Never had any problems with them. Cheapest network for me as well.......Sorry to hear you are having problems!!