PajaP wrote:
> On Sat, 28 Oct 2006 11:29:57 +0100, Jon <spam@jonparker.plus.com>
> wrote:
>
>> There's nothing in the contract which says you can cancel it. They are
>> offering you a way out with terms attached. Take it or leave it.
>>
>
> Yes there is.
> 8) Ending of this agreement.
> Lots of lines here that I will have to pay the full term of the
> contract. Nothing about returning MY phone.
>
> They have agreed to end the contract without penalty. Asking me to
> send them MY property is a penalty.

The terms of the contract are irrelevant here. What Vodafone are doing
is ignoring them (to your benefit) and allowing you to get out of your
contract without having to follow the terms of the contract. Therefore,
when considering the requirements of you getting out the contract, you
should not refer to the contract unless the contract terms are more
favourable to you.

You have 2 options:
1.) Follow the letter of the contract and pay your self out the contract
2.) Accept their offer of goodwill and follow their requirement to
return the handset.

>
>> You sound like a petulant child.
>
> Name calling. Tut tut. And I am the child?
> Not a child. Just someone with the balls to not give in to a large
> corporation that thinks it can screw its customer and get away with it
> without penalty.

How is returning your situation to that which you were in before the
start of the contract unfair?

>>> I am prepared (and already expect to have to) to take this to court if
>>> they do not relent.
>>>
>>> Thoughts?
>> You would lose.
>
> We will see!

Put it this way. Have Vodafone made an effort to understand your
situation and be accommodating? Yes - they've offered to cancel the
remaining months of your contract, in exchange for returning the
(free/subsidised) phone.

Are they forcing you to do this? No. You can continue with your
contract, or you can keep the phone and pay the normal retail price
(£410). You could, if you wanted, flog the phone on eBay and then use
that money to pay yourself out.

They're not forcing you to do anything. It's your choice. Legally,
they have every right to enforce their contract. Morally, they're doing
the 'right thing' and being fair.

Seriously, take it to court, and I think the Magistrate (or whoever gets
allocated to your hearing in the Small Claims court) would find in
favour of Vodafone as they have tried to be fair.

D