Why has Vodafone charged me for a Mobile TV package I don't want?

I upgraded my phone in September, keeping the same talk plan. About a month later I included the data plan which cost £5 a month, so I can access the internet.

When my January bill arrived, it was higher than expected and I found a reference to an app purchase on my phone number on 11 January for £8.16.

There was no indication of the name of the app so I called Vodafone. I was told that this was payment for my Mobile TV package.

When I protested I had not ordered this I was told that it had been a free trial that came with the upgrade.
Richard Whitten

Mr Whitten was told that because he hadn’t cancelled the free trial before it ended, he was now incurring a charge for the service.

He said that he then checked his upgrade confirmation emails and none of them mentioned anything about free trials or even about a Mobile TV package.

We asked Vodafone to check this because adding unwanted services to a package by default without informing the customer could be a breach of the Unfair Terms in Consumer Contracts.

The Office of Fair Trading has told us in the past that while “it is the consumer’s responsibility to ensure they are only buying what they wish to buy,” the government department agrees that this is impossible if no information is given.

Michael Forrester of Ralli solicitors LLP said the Unfair Terms in Consumer Contracts Regulations 1999 (UTCC) would be relevant in a case such as this.

“This law states that a standard contract term is unfair if it causes a significant imbalance in the consumer’s rights and is to their detriment.”

A consumer could argue that automatically adding extra services and products, which required positive action from the consumer to remove themselves from an additional obligation, is unfair.

This is contrary to the requirement in contract law of open and fair dealing.

Vodafone said: “We have now looked into this case and the suggestion of a free trial of a Mobile TV package seems to have been made in error. There is no record of a Mobile TV package and since Mr Whitten ordered the upgrade online, there is no way anything could have been added without his express consent.

“Mr Whitten was given the wrong explanation initially and we apologise, have cancelled the charge of £8.16 and refunded him,” the company said.