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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I am disputing an outstanding amount of £ 53.13 with Vodafone,

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I am disputing an outstanding amount of £ 53.13 with Vodafone, my contract expired last December, but they charged me for January this year as well as December's because I did not give them notice that I do not want my contract renewed, although I contacted them October 2012 wanting to terminate my contract then but decided to pay the monthly off until expiry date as it was a lot of money then with still a year to go. I am pretty sure that I made my intention clear and that it would have been noted as more than a year's notice to end the contract. I would like to know have I got a leg to stand on in terms of not paying the amount due? Bearing in mind that I have not used the phone number for most probably over a year and still paid the monthly due until November last year. I would appreciate any advise please...thank you. Noreen Marchant

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to clarify, you did not give the company 30 days notice to end your contract?
Customer: replied 4 years ago.
No, I tried though in November but could not hold of anyone and somehow it just slipped my mind. Also I thought they would try and get hold of me as well via phone or letter as I do get it from another provider when they either offer you a new phone/tariff...also the fact that I did make clear my intention in October 2012 that that I do not wish my contract renewed when it is due...

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

I am sorry but this just plain comes down to the fact that you didn't give 30 days notice. I realise that you tried but the point is that you didn't.

Its not for them to contact you to cancel. Its your responsibility to cancel.

The original contract may have ended but this will now be a rolling contract which you can cancel but you have to give 30 days notice.

They will not sue for this sum of money though. What they will do is add a default to your credit rating which is not to be desired I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.
No, it is not the answer I would like to hear but thank you for your help all the same. I will pay them this amount but when I am good and ready, I presume this will not affect my credit rating then .... Thank you for your help.

They could add a default if you don't pay promptly. Probably they wouldn't as its their weapon but it cannot be guaranteed.
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Customer: replied 4 years ago.
Just a thought, are they not supposed to send a letter at least to remind people of what they have to do near the renewal date? Advise customer of the 30 day notice? It is awfully long time to expect people to remember their policy without reminder. Also as I said I have not used the number for over a year...
I am sorry but its not.

The OFT has issued criticism of rolling contracts but those relate to much longer periods like a further period of one year.

The OFT criticism is just criticism rather than law. However, the guidance is being complied with generally.

That just requires a much longer renewal period to be brought to the attention of a consumer but thats not your position here because you could cancel within 30 days.