fiestaturbo.com

[andymac]

Quick word of warning, vodafone are about to put their prices for data roaming up from the 15th this month. Just spotted it on their website, instead of getting 25mb for a fiver it will cost you a quid a Meg. Since I changed to vodafone purely on the data roaming costs I'm going to try throw the contract back at them and see what happens...

[andymac]

Interesting this.

Apparently, data and messaging costs do not form a non-negotiable part of the contract (that is to say, post contract, the other party is free to change costs as they see fit and without notice, provided they make a minimal effort to advertise the changes).

So in other words, if vodafone up the cost of messaging to 50p a pop you have no comeback; I can't see how that's legal by any stretch of the imagination.

[MotorcyclesFish]

LOL.

I think the key is "part of the contract". Regardless of whether you're allowed to negotiate the benefits conveyed to a party under the contract at the time of its drawing up or not, it is still a contract. Material changes to that contract are therefore amendments to that contract. The only way they can enforce that is if the contract had a clause stating they reserve the right to amend x y z benefits without prior referral to the other party.

Either way, I'd still have a chat with OFT or errrr CAB(?) about whether this falls under the unfair terms in contracts legislation.

[andymac]

I think it does, there's a reasonable expectation for the contract terms to be negotiable in the sense that the consumer would have to option to terminate the contract at minimal cost if the terms (costs) of the contract were to change. Regardless of whether or not there is direct mention of costs in the contract itself (there never is anyway) there is a reasonable expectation that the costs as advertised will remain the costs as advertised.

Vodafone are arguing that the reseller should have made me aware that they could change the costs associated with my contract at any time; I consider that unreasonable - the retailer wasn't negligent at any point and sold me the contract based upon information provided by vodafone. Moreover, vodafone are playing the "adequately advertised" card whereby they don't need to give you notice of impending changes provided the changes are sufficiently well advertised.

I haven't seen a single, solitary advert anywhere pertaining to this change in costs, the only information to be found appears to be five pages deep on the vodafone website. Even the retailer (CPW) wasn't aware until I brought up the impending change.

*sigh*

Though, on the lighter side, I'm negotiating for around fifty new mobile phones for my workplace. Guess who isn't in the running any more...