I am currently in a battle of wills with Vodafone over the same issue.
I had been with Vodafone and Smart Telecom and BT before. Years of service.
Then UPC allowed the bundling of calls and broadband and in July 2012 I opted for the faster broadband on offer. I figured that since I had been a loyal customer for many years I would be able to switch with no penalties. Wrong! Vodafone slapped me with a €300 termination fee claiming that I had signed a new contract in February 2012. I checked emails and physical records and could find no record. I then contacted Vodafone and asked for proof and was told that I had agreed over the phone.
My request for a recording eventually came through. Vodafone had cold called me in February and said that they were reviewing my package, the "gentleman" then adjusted my broadband allowance down and then said this was for 12 months. This call - is the basis of Vodafone's termination fee. Under handed and sneaky.
The upshot is that Vodafone passed on the debt to a debt collection agency (cmos.ie) and every time they rang I kept firm insisting that I felt this termination fee was not justified eventually things went quiet until yesterday when I got one of those "bully boy" letters from Intrum Justitia. Threatening Stubbs Gazette and visitors to the house. It seems cmos gave up!
The battle continues. I have contacted Comreg and Consumer Help for advice. I am convinced that Vodafone are in breach of the spirit if not the letter of direct marketing legislation.
Has anyone managed to get one of these disputes overturned without having to pay through the nose for sneaky underhanded tactics?
Thanks