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[MSE Lawrence]

This is the discussion to link on the back of Martin's blog. Please read the blog first, as this discussion follows it.

Read Martin's "...because they can" Blog.

Click reply to discuss below.

[Arthurian]

It bothers me that companies give you a list of terms and conditions to agree to, then in those terms and conditions is a phrase which reserves their right to alter them without notice. Surely if you agree to a contract, that's it, and they can't change the rules later? But apparently "they can".

[gozaimasu]

• How can Tesco justify giving me less compensation because I spotted their mistake before leaving the store, rather than having to come back?
  …because it can. That’s a Tesco internal policy, which is far more generous than the law sets out, so as long as it follows clear guidelines, it can do what it wants.

This is the one that interests me the most. What is the policy?

[Mobeer]

"How can a credit card provider increase the credit card APR from 16.9% to 34%?
…because it can...."


So what happened to the OFT plan for fair dealing in December 08:
- no increase in interest rates within 12 months of account opening
- no more than one increase every 6 months after that
- 30 days notice of any interest rate rise
- option to close account and settle debt at the current rate

This was supposed to be agreed and in effect starting 1 January 2009?

[MSE Martin]

Originally Posted by Mobeer

"How can a credit card provider increase the credit card APR from 16.9% to 34%?
…because it can...."


So what happened to the OFT plan for fair dealing in December 08:
- no increase in interest rates within 12 months of account opening
- no more than one increase every 6 months after that
- 30 days notice of any interest rate rise
- option to close account and settle debt at the current rate

This was supposed to be agreed and in effect starting 1 January 2009?

A good point, yet for a card over 12 months, where there's not been an increase, notice is given and the person can't afford to close the account... sadly... "because they can".

[The Watchman]

There’re where many changes/new bits of legislations brought in at the end of last year, one of which can be described as an unfair term of/in contract, or something like that that.

That at least on the face of it to a lay man should change the ‘because they can’ to ‘well actually they may not be able to after all’

It does depend on some factors; the most obvious of which is what is actually deemed as a contract.

The question is, has anyone actually quantified what is deemed as an ‘unfair term in contract’, and even if they have, how a consumer can use theses new rules/ legislation without having to resort to court action.

The ‘because they can’ does still apply in some situations, but in others it is, again, at least in theory, not the case anymore, but the problem is how does the consumer know how, when, or if any of it applies.

If you, or your researches, can unravel that one Martin, firstly I will be impressed, and secondly it may help so many users of this site.

Don’t you just love how the 'powers that be' introduce things that they claim will help the consumer, yet make it so complicated, and leave so many grey areas the consumer does not stand a chance.

[Flickering Ember]

The thing with people doing these things "because they can" at the moment, is it further alienates an already wary consumer which isn't a very smart move.

RE: Credit files, for example, through MSE, I managed to get PAID for checking my credit files through Quidco and Experian. Otherwise, I opt for the £2 postal option.

I think consumers are now, because needs must, becoming more aware of the variety of options available to them, actually largely thanks to this site.

And yes, if service is poor, then I do vote with my feet and go elsewhere, or find ways to screw them back, eg Tescos can be really rubbish with rip offs and bad service but the recent wine loophole (I didn't partake in the end) and the end of day reduced items keep me coming back, as well as Clubcard deals.

I do think that "Because they can" is a weak argument on the part of the service providers though. I think more than ever, where people NEED value for money, such prices should be justified. Even these days, people are often wiling to pay a bit more for decent service but when that isn't being delivered, it begs the question, just what are we paying for?