No harm in trying -
nice letter if you want to give it a go. Just found this on HotUKDeals.
[add your name, postal address, email address & telephone number]
Vodafone Limited
The Connection
Newbury
Berkshire
RG14 2FN
[date]
By Recorded Delivery Post
Dear Sir/Madam,
RE: Termination of Pay Monthly Mobile Contract –Mobile # [your mobile No.] Account No. [your Account No.] .
I hereby terminate my pay monthly mobile telephone contract with Vodafone. I have also given notice by telephone.
The reason for this termination is your notification of an exponential price increase of 08xx call charges effective from 11th October 2011. The increases are excessive and too high and to my Material/Financial Detriment. Any attempt to impose them on me without allowing a penalty –free right to cancel, is unfair and unenforceable as a matter of law.
Your unilateral increase offends §(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 also refer you to Ofcom’s General Conditions of Entitlement under the General Authorisation, Condition 9 and 9.3 –which bind you: “9.3 Where the Communications Provider intends to modify a condition in a contract with a Consumer which is likely to be of material detriment to the Consumer, the Communications Provider shall: (a) provide the Consumer with at least one month‘s notice of its intention detailing the proposed modification; and (b) inform the Consumer of the ability to terminate the contract without penalty if the proposed modification is not acceptable to the Consumer.”
I now exercise my legal right to cancel the contract due to your unilateral price increase which is not acceptable to me and of Material Detriment.
I reject as unfair your attempt to artificially limit the right to cancel to some scenarios and not others in the face of the clear legislation and regulatory guidance and General Condition 9. Any attempt to claim a penalty and in particular a cancellation charge will be resisted. These terms are also unfair and therefore non- binding and unenforceable. Any claim for them will be disputed and you will need a Court Order to obtain payment of them. I will defend any legal proceedings for such sums under the Unfair Terms in Consumer Contracts Regulations 1999.
Yours sincerely,
nice letter if you want to give it a go. Just found this on HotUKDeals.
[add your name, postal address, email address & telephone number]
Vodafone Limited
The Connection
Newbury
Berkshire
RG14 2FN
[date]
By Recorded Delivery Post
Dear Sir/Madam,
RE: Termination of Pay Monthly Mobile Contract –Mobile # [your mobile No.] Account No. [your Account No.] .
I hereby terminate my pay monthly mobile telephone contract with Vodafone. I have also given notice by telephone.
The reason for this termination is your notification of an exponential price increase of 08xx call charges effective from 11th October 2011. The increases are excessive and too high and to my Material/Financial Detriment. Any attempt to impose them on me without allowing a penalty –free right to cancel, is unfair and unenforceable as a matter of law.
Your unilateral increase offends §(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 also refer you to Ofcom’s General Conditions of Entitlement under the General Authorisation, Condition 9 and 9.3 –which bind you: “9.3 Where the Communications Provider intends to modify a condition in a contract with a Consumer which is likely to be of material detriment to the Consumer, the Communications Provider shall: (a) provide the Consumer with at least one month‘s notice of its intention detailing the proposed modification; and (b) inform the Consumer of the ability to terminate the contract without penalty if the proposed modification is not acceptable to the Consumer.”
I now exercise my legal right to cancel the contract due to your unilateral price increase which is not acceptable to me and of Material Detriment.
I reject as unfair your attempt to artificially limit the right to cancel to some scenarios and not others in the face of the clear legislation and regulatory guidance and General Condition 9. Any attempt to claim a penalty and in particular a cancellation charge will be resisted. These terms are also unfair and therefore non- binding and unenforceable. Any claim for them will be disputed and you will need a Court Order to obtain payment of them. I will defend any legal proceedings for such sums under the Unfair Terms in Consumer Contracts Regulations 1999.
Yours sincerely,
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