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About Vodafone UK and the unfair contract terms

By John Hirst

About Vodafone UK and the unfair contract terms

The other day my friend Victor tried to call my mobile phone number and could not get through.

I knew my credit had recently run out and went to buy a £10 top up, even though I know people have called me before when I do not have credit on my mobile phone, and the PayPoint failed to register a connection. I thought the top up card had been damaged, but when I went to the shop where I bought the mobile phone I was informed that Vodafone had disconnected my sim card and recycled my phone number. The shop assistant stated that if I bought another sim card for £5, they will allocate me another number.

I was informed I should have read the small print:

"6. Suspension, Disconnection and Termination

6.1 We can suspend (i.e. bar), restrict or end the provision of the Services (in whole or in part) if:
(c) you choose not to use the Service for a period of 180 days (?use of this service? means (i) making any chargeable outbound calls (excluding calls to 191, see your price plan for charges) or (ii) any topping up of your account);".

As a lawyer I am aware about the need to read the small print. However, given the amount of printed text in the two supplied booklets, if everybody had to read all of this first before making a purchase it is doubtful anybody would wait in a queue to buy a mobile phone whilst the small print was read. Vodafone's profits would very soon walk out of the door.

My argument is, this information should have clearly been displayed in the shop window and in the store and on the box and the shop assistant should draw the customer's attention to this penalty clause.

Full post as published by prisonlawinsideout on November 07, 2008 (boomark / email).