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Tmobile price increase
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I don't want to labour this point but that premise is wrong. The price rise is not, in itself, a breach of contract. I also don't think that vague is the right approach. It is abundantly clear to me that T-Mobile have now got their lawyers involved - it explains the approach they're now taking (pretty much the only one open to them). If you want to be successful (and, as you can see from my previous posts, I'm not sure even this will help much) you ought to be both specific and accurate as to why you believe you are entitled to cancel without penalty. You are more likely to have your vagueness used against you than for it to benefit you.
Okay as I see it now:- T-Mobile can increase prices by what ever like without breaching the Contract, however
- If they increase above a certain RPI rate as specified in clause 7.2.3.3 then that gives the customer the right to terminate without penalty.
- If T-Mobile then refuse to carryout the termination (as required by the contract) that is the point at which they Breach the Contract.
So I think the important point is first to contact T-Mobile so they know you want to cancel!0 -
RandomCurve wrote: »Okay as I see it now:
- T-Mobile can increase prices by what ever like without breaching the Contract, however
- If they increase above a certain RPI rate as specified in clause 7.2.3.3 then that gives the customer the right to terminate without penalty.
- If T-Mobile then refuse to carryout the termination (as required by the contract) that is the point at which they Breach the Contract.
So I think the important point is first to contact T-Mobile so they know you want to cancel!
Spot on
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Well I emailed Olas and the exec office last night but they have both failed to be delivered, which is the best postal address to send a copy to please? Thanks0
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Well I emailed Olas and the exec office last night but they have both failed to be delivered, which is the best postal address to send a copy to please? Thanks
Snail mail isnt much better, they still refuse to reply!
I send all emails to these addresses at the same time and it seems to work.
executive.office@everythingeverywhere.com
olaf.swantee@ee.co.uk
Jackie.O'LEARY@ee.co.uk
Stephanie.Taylor2@ee.co.uk0 -
powerful_Rogue wrote: »Snail mail isnt much better, they still refuse to reply!
I send all emails to these addresses at the same time and it seems to work.
executive.office@everythingeverywhere.com
olaf.swantee@ee.co.uk
Jackie.O'LEARY@ee.co.uk
Stephanie.Taylor2@ee.co.uk
Thank you, got auto reply from Stephanie but all the others failed!0 -
i have had an interesting email regarding tmobile blacklisting my phones after i used my pac code, as a reminder the phones were purchased by me as replacements to the handsets provided with the contract purchased through Amazon and its the IMEI number thats been blacklisted making the phone a brick
Hello *****,
Thanks for the letter you sent in dated the 26th April 2013. I sent you a text message earlier today to let you know we've received it and passed it over to the Network for them to investigate.
I've now had a response back from them, my name's Chris and I'll be more than happy to let you know the outcome.
They've had a look into what's happened and it appears your handset has been blacklisted. This happens if the phone is reported lost or stolen to the network it was originally purchased on.
Sadly, we will be unable to unblacklist this phone for you as the Proof of Purchase you have provided is for a 3rd party purchase, not from when it was initially bought. We can only unblacklist a phone if we can prove it has not been reported lost or stolen and you are the registered owner of the phone.
I would suggest you contact the seller of your phone to try and obtain their Proof of Purchase from when they originally purchased it or see if they have any further information as to why it has been blacklisted.
I understand this information may be disappointing, but sadly, without the original Proof of Purchase we will be unable to unblacklist your phone.
Kind regards,
Chris Rothwell
Virgin Media
looks to me if you do cancel the phone used last on the tmobile system will be blacklisted as the BB i had with the contract works fine on the new providers chip
if you use the PAC code and want to port the number it took about a week to block the phone after the number was ported
not nice, you think its all tikity boo and they do that
i told virgin not to bother as i was considering taking them to court to recover the costs of my telephones0 -
I think the word we are looking for is 'repudiate', because of Tmobile breach we can repudiate the contract...0
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I don't want to labour this point but that premise is wrong. The price rise is not, in itself, a breach of contract. I also don't think that vague is the right approach. It is abundantly clear to me that T-Mobile have now got their lawyers involved - it explains the approach they're now taking (pretty much the only one open to them). If you want to be successful (and, as you can see from my previous posts, I'm not sure even this will help much) you ought to be both specific and accurate as to why you believe you are entitled to cancel without penalty. You are more likely to have your vagueness used against you than for it to benefit you.
The price rise itself is not a breach, but it's the fact that it's higher than the RPI is. It's this that triggers off our right to cancel.
I deliberately avoid debating which month they're using. They state in the Terms which month they use. So I don't think it's worth arguing with them about which month they actually used, against which month the Terms say they use. If they don't stick to the Terms we have a right to cancel.0 -
Forgive me my ignorance my background is not law and as such can you please explain me something?? I use common sense approach
Vodafone increased the price, O2 did it, Orange did it....I do not know what is the customer base of each (milions??)
Now going with your way of thinking anyone should be able to cancel the contract at any time whether there is price increase or not because the terms & conditions are unfair by default, so why nobody did it??
Not to mention that OFCOM or CISAS would have noticed that terms&conditions are unfair. Or maybe there is a conspiracy going and OFCOM is actually owned by mobile network providers??
I mean if somebody did it and even if any of the providers made the case quiet wouldn't they change their terms & conditions to close the loophole.
The common sense approach..? Well in court they use statue, common Law etc...
Until 1965 you could sack a man in a job simply because he was black. The fact that no one stopped this outrageous practice did not make it right or fair. That is to say the lack of challenge from toothless bodies run by officious knobs does not make something right. Sorry you did not know this.
Until one person complained about PPI miss selling it was rife and people said "if it is wrong why has no one stopped it". Same with the pensions scandal....
You really think coz nothing has been done yet that it is OK... Until about 15 years ago it was legally impossible for a man to rape his wife in the UK coz she was assumed to have given consent at marriage...
Nobody challenged this until someone challenged it... Get it yet???
Now you have the affrontory to challenge me on this matter.... in your common sense approach...??
I shall not give any more examples and presume you get the point? Though you probably do not.
I have not said that the ability to rise prices is wrong... OK? I have said that to have a clause in the terms allowing them to rise the prices whilst no recipricol arrangement exists is unfair... It is particularly so when the product, for all intents and purposes, is presented and sold as a fixed agreement.
YES I KNOW IT IS NOT.... but it is presented as such... and Consumers have protection against such things. It is why consumer law was invented... to protect those who were really not up to fighting and negotiating with large clever small print writing companies such as T Mobile.....
Most people tie themselves into a phone deal for 24 months thinking the price is fixed... Right or wrong that is a fact.... Not everyone is a lawyer. It is basically the phone world pulling a fast one and it is time it was stopped. Ofcom ARE looking into it and have already expressed concern over the practice... WHY? ??? BECAUSE IT IS UNFAIR.
Take a look at The Bank Of Ireland and whAt they are now doing with 'tracker' mortgages... LEGAL yes... but immoral and unfair and this probably will be challenged. wait till the UK banks try it... and they will. Do you know they were planning to do it in Ireland but were stopped coz the law there prevents it by overriding such things in statue (kind a like unfair terms act I was trying to aquatint you with !)
Finally, if people had taken your view and left the status quo as is then you my love would be now washing dishes or making a nice cup of tea for your boss and not writing on this forum... There was a time when the very idea that women should even vote was considered crazy..
There is a time when challenging these terms as unfair is... by some.. seen as crazy. I am challenging it and I will win.
If we are to take your approach, richly endorsed by your sycophant Daveyboy then why challenge anything... How could clause 7.2.3.3 be wrong as it has not been struck out by Ofcom or the sky has not fallen in?
Your argument madam is banal. :mad:
Revision: I had presumed you to be a woman apologies for that... the point is the same.0 -
The common sense approach..? Well in court they use statue, common Law etc...
Until 1965 you could sack a man in a job simply because he was black. The fact that no one stopped this outrageous practice did not make it right or fair. That is to say the lack of challenge from toothless bodies run by officious knobs does not make something right. Sorry you did not know this.
Until one person complained about PPI miss selling it was rife and people said "if it is wrong why has no one stopped it". Same with the pensions scandal....
You really think coz nothing has been done yet that it is OK... Until about 15 years ago it was legally impossible for a man to rape his wife in the UK coz she was assumed to have given consent at marriage...
Nobody challenged this until someone challenged it... Get it yet???
Now you have the affrontory to challenge me on this matter.... in your common sense approach...??
I shall not give any more examples and presume you get the point? Though you probably do not.
I have not said that the ability to rise prices is wrong... OK? I have said that to have a clause in the terms allowing them to rise the prices whilst no recipricol arrangement exists is unfair... It is particularly so when the product, for all intents and purposes, is presented and sold as a fixed agreement.
YES I KNOW IT IS NOT.... but it is presented as such... and Consumers have protection against such things. It is why consumer law was invented... to protect those who were really not up to fighting and negotiating with large clever small print writing companies such as T Mobile.....
Most people tie themselves into a phone deal for 24 months thinking the price is fixed... Right or wrong that is a fact.... Not everyone is a lawyer. It is basically the phone world pulling a fast one and it is time it was stopped. Ofcom ARE looking into it and have already expressed concern over the practice... WHY? ??? BECAUSE IT IS UNFAIR.
Take a look at The Bank Of Ireland and whAt they are now doing with 'tracker' mortgages... LEGAL yes... but immoral and unfair and this probably will be challenged. wait till the UK banks try it... and they will. Do you know they were planning to do it in Ireland but were stopped coz the law there prevents it by overriding such things in statue (kind a like unfair terms act I was trying to aquatint you with !)
Finally, if people had taken your view and left the status quo as is then you my love would be now washing dishes or making a nice cup of tea for your boss and not writing on this forum... There was a time when the very idea that women should even vote was considered crazy..
There is a time when challenging this terms as unfair is... by some.. seen as crazy. I am challenging it and I will win.
Your argument madam is banal. :mad:
Revision: I had presumed you to be a woman apologies for that... the point is the same.
Well in that case I would suggest opening a new thread as you are wasting everyone's time writing about something irrelevant to the topic.
I understand what you are saying and with that you can challenge the T-Mobile or any other provider at any time as their terms are unfair - this has nothing to do with what people are talking about here.
Here we are talking about the fact that T-Mobile has a clause in contract (which everyone should read before signing up) that allow you to leave without paying a cancellation charge if the price rise is above RPI which it is. Especially for post October 2012 customers as if you would take a closer look at Orange and T-Mobile which is pretty much the same entity have the same type of contracts and upon closer inspection you will notice that something does not add up.
I fully understand your point but it is irrelevant to this thread and by posting on this thread you:
1) waste people's time as they read your post which takes time just to notice it is irrelevant
2) mixing two separate matters.
Every post October T-Mobile customer is withing its contractual right (whether contract is fair or not is besides the point) to leave without incurring a cancellation charge. It is pretty much the same for pre October customers but requires different approach.
And (finally) as you have said Ofcom is looking into the matter now and most likely it will change in the near future.0
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