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Thread: [OT] Vodafone

  1. #11
    Mike
    Guest

    Default Re: [OT] Vodafone

    > My take on the above is that because the contract
    > does not expressly specify what happens or the
    > length of term I can stay on this month to month
    > account, I can have this contract in perpetuity.

    Incorrect. A contract is an agreement between two or more parties. That means that if your contract is now a month-to-month contract, either party can choose not to renew the contract at the start of the next month if they so choose. A month-to-month contract is a contract that is renewed through agreement by both parties every month. If they don't agree to renew it, either your phone gets disconnected, or you have to choose another contract that they are happy to sign you up on.

    Sorry Loh, you'll have to try another tack on this one - you won't go far on that tack.

    You'll probably have more luck if you can prove that the contract never expired, but rather that the 36 months was the minimum term that you, the customer, was tied in to, but that after 36 months, if you so chose, you could continue with the contract (as you are still contracted to them, probably on a contract that hasn't expired, but rather that has passed the minimum term). The "no strings attached" does not get rid of contracts (as the service rep implied), but rather removes the minimum term clause from the contracts. I have a contract with Vodafone. I can, at any time, cancel that contract, because I have not signed up to a minimum term. I do think, however, that Vodafone can also choose to pull out of that plan if they so wish to. However your contract may not give Vodafone/Bellsouth that option, even after the 36 months.

    HTH

    Mike.

  2. #12
    Lohsing
    Guest

    Default Re: [OT] Vodafone

    I think I will argue that it was a minimum 36 month term... and now I can cancel with one months' notice...

    I do think that the new Vodafone contracts allow Vodafone to change any term and condition with 14 days notice, but the old Bellsouth ones didn't give them that option I don't think...?

    I really want my original contract!! I know they have it, and I think they are scared of giving it to me!

    Thanks for the advice... I always believed that Vodafone have tried to get rid of this contract since they took over... I am sure if they could have done so "legally" they would have done it a LOOONG time ago... not a few years into the contract!

    Lo.

  3. #13
    Mike
    Guest

    Default Re: [OT] Vodafone

    > I really want my original contract!! I know they have
    > it, and I think they are scared of giving it to me!
    >

    Why should they give it to you? You have a contract with a company, so you should have a copy of it. They have no responsibility to give you a copy of your contract with them; it was your responsibility to sign the contract, and to keep a copy of it. Don't expect to get a copy from them.

    Mike.

  4. #14
    Lohsing
    Guest

    Default Re: [OT] Vodafone

    > Why should they give it to you? You have a contract
    > with a company, so you should have a copy of
    > it. They have no responsibility to give you a copy
    > of your contract with them; it was your
    > responsibility to sign the contract, and to keep a
    > copy of it. Don't expect to get a copy from them.

    Yes, but can they prove to me that the "Vodafone" terms and conditions can be applied to the Bellsouth ones? Where does it say that?

    If it is the case, then they will have nothing to hide.

    Lo.

  5. #15
    Budda
    Guest

    Default Re: [OT] Vodafone

    not that im on anybodys side here but i think they might end up saying you had a contract with bell south, since bell south anit here anymore you have to sign a contract with us. hmm dunno good luck to ya if ya can keep on with it but it would not surprise me if someone at vodafone decided it was there new cause then you find yourself on a new plan soon enough.

    Same thing happened with most peoples gym plans they were on the old days of only 7-8 dollars a week when new people were on 21+ dollars a week. They eventually found a way to change it

  6. #16
    Lohsing
    Guest

    Default Re: [OT] Vodafone

    > not that im on anybodys side here but i think they
    > might end up saying you had a contract with bell
    > south, since bell south anit here anymore you have to
    > sign a contract with us. hmm dunno good luck to ya if
    > ya can keep on with it but it would not surprise me
    > if someone at vodafone decided it was there new cause
    > then you find yourself on a new plan soon enough.

    Hear what you're saying, but when Vodafone took over from Bellsouth, they would have assigned the contracts under the same terms and conditions.

    > Same thing happened with most peoples gym plans they
    > were on the old days of only 7-8 dollars a week when
    > new people were on 21+ dollars a week. They
    > eventually found a way to change it

    Hmmm... there must have been a clause in their contract which allowed any new company taking over to terminate contracts or vary them... in my particular case, there isn't... and yes, I do now have the original Bellsouth contract with me.

    Lo.

  7. #17
    Winston001
    Guest

    Default Re: [OT] Vodafone

    I endorse everything Mike says. Except that no Judge would accept that one party should not provide a copy of the contract terms to another. That would not be reasonable.

    It sounds as though "never assume" is the key. It is entirely possible that the original contract terms bind Vodaphone into a deal they cannot change. As you say, Bellsouth were desperate to gain market share.

    Two points:
    1 - contracts are assigned between businesses all the time. If your landlord sells the building, the new owner is stuck with your lease/tenancy agreement. Thus Vodaphone took over Bellsouths rights and obligations with you. There was no new contract.

    2 - Mike is correct in saying that if you are now month to month, then either party can end the contract with one months notice. Most utility contracts are of this nature - determinable at will - by either party.

    You are much better off with the minimum term argument. Do not say to Vodaphone at any point that you believe you can end the contract from your end. Act as though it is fixed in stone for both of you.

    Sounds like fun. Keep us informed.

  8. #18
    Lohsing
    Guest

    Default Re: [OT] Vodafone

    > I endorse everything Mike says. Except that no Judge
    > would accept that one party should not provide a copy
    > of the contract terms to another. That would not be
    > reasonable.

    Have a copy of it now! ... waiting for the key terms and conditions to be sent through.

    > It sounds as though "never assume" is the key. It is
    > entirely possible that the original contract terms
    > bind Vodaphone into a deal they cannot change. As you
    > say, Bellsouth were desperate to gain market share.
    >
    > Two points:
    > 1 - contracts are assigned between businesses all the
    > time. If your landlord sells the building, the new
    > owner is stuck with your lease/tenancy agreement.
    > Thus Vodaphone took over Bellsouths rights and
    > obligations with you. There was no new contract.

    Exactly. That is why I have hunted down my original contract which stay silent on what happens when either party assigns the contract.

    > 2 - Mike is correct in saying that if you are now
    > month to month, then either party can end the
    > contract with one months notice. Most utility
    > contracts are of this nature - determinable at will -
    > by either party.

    Hmmm... Point taken, although the whole "months' notice" thing would presumably be expressly written. I think they would be hard to argue against the 36 month term being a "maximum" term rather than a "minimum" length term...

    > You are much better off with the minimum term
    > argument. Do not say to Vodaphone at any point that
    > you believe you can end the contract from your end.
    > Act as though it is fixed in stone for both of you.

    Will do so. I think I may try the Disputes Tribunal as well... having been on the other side of the Tribunal, I know that they consider equitable outcomes more favourably than legal ones...

    Imagine all 900 people taking Vodafone to Disputes.... that would be something to make them sit up and listen!

    > Sounds like fun. Keep us informed.

    Will do

    Lo.

  9. #19
    Winston001
    Guest

    Default Re: [OT] Vodafone


    > Hmmm... Point taken, although the whole "months'
    > notice" thing would presumably be expressly written.
    > I think they would be hard to argue against the 36
    > month term being a "maximum" term rather than a
    > "minimum" length term...

    Ah - never presume/assume - remember? The law says that where a contract operates month to month then it may be terminated upon a months notice. Unless there are specific terms saying otherwise. This is a rule of contract law.




  10. #20
    Lohsing
    Guest

    Default Re: [OT] Vodafone

    > > Hmmm... Point taken, although the whole
    > "months'
    > > notice" thing would presumably be expressly
    > written.
    > > I think they would be hard to argue against the
    > 36
    > > month term being a "maximum" term rather than a
    > > "minimum" length term...
    >
    > Ah - never presume/assume - remember? The law says
    > that where a contract operates month to month then it
    > may be terminated upon a months notice. Unless there
    > are specific terms saying otherwise. This is a rule
    > of contract law.

    It might not actually even BE a monthly contract... I am arguing that the 36 month minimum term stated is solely for the purposes of getting a benefit of a subsidised phone.

    Also spoken with a few lawyers regarding this (benefits of my job) and they have suggested my logic would be hard to argue against, if all I am asking is how the Vodafone Terms and Conditions can be applied to the BellSouth Terms and Conditions.

    Certainly if they can prove that it can indeed be applied, then I will be satisfied. Otherwise, it might be a case of specific performance...

    Lo.

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