Tmobile price increase
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There are two different versions of the T&C’s depending of the date you joined. See this link http://www.t-mobile.co.uk/shop/terms-and-conditions/terms/ , then select the “Terms of Service Tab” tab.
If EE have done what they did with Orange - there may actually be THREE sets of Ts&Cs.
I'm an Orange customer currently in dispute with them (details in the thread on this site called 'You Can Cancel Your Orange Contract if this link does not appear:
http://forums.moneysavingexpert.com/showthread.php?t=4517039
EE retrospectively changed Ts&Cs for people who took contracts out prior to November 2012 without telling anyone - they just changed them on their website. They changed the RPI cancellation clause AND introduced a 'material detriment' term, which makes it harder now to cancel. It wouldn't surprise me at all if they did the same for their T-Mobile customers.
I strongly suggest that you don't rely on what is currently on their website - if you've not got a copy from when you signed up, then try to find someone who has and check them carefully against the back-dated ones on their site.
You may find you have more grounds to cancel, especially if they did not tell you that they had made any changes).
Best of luck to you all!0 -
RandomCurve wrote: »Thanks for finding these T&Cs they are totally different from the ones I had, as a customer since December 2012 it puts me in a real strong position re cancellation :T
Have you got a copy of your Ts&Cs? Not just the ones on their site?
Did T-Mobile tell you that they'd changed the Ts&Cs? They didn't tell us Orange customers about the changes they'd made. Check out the cancellation terms in your original Ts&Cs and see what grounds they have to allow you to cancel if they are changed. I'd be interested to know if they've added a slippery 'material detriment' clause rather than the (much easier to prove) 'detriment' one I signed up to.0 -
Just got off the phone to T-Mobile again. They are again denying that they have breached their terms and conditions and a cancellation charge will apply. I spoke with Brian in retentions team 502 and he stated that the figures they have used to calculate the increase were released on the 12th February 2013, i.e the 3.3%. He said if I think I have an argument then I should seek legal advise etc. I just don't want to have a negative impact on my credit rating but feel i can't leave it there when we have such a good case...
www3 dot hants dot gov.uk/finance/retailpricesindexandconsumerpriceindex.htm0 -
adamoneill88 wrote: »Just got off the phone to T-Mobile again. They are again denying that they have breached their terms and conditions and a cancellation charge will apply. I spoke with Brian in retentions team 502 and he stated that the figures they have used to calculate the increase were released on the 12th February 2013, i.e the 3.3%. He said if I think I have an argument then I should seek legal advise etc. I just don't want to have a negative impact on my credit rating but feel i can't leave it there when we have such a good case...
www3 dot hants dot gov.uk/finance/retailpricesindexandconsumerpriceindex.htm
You don't need legal advice, if they refuse to communicate further, send you a deadlock letter on request or 8 weeks elapse you can refer the matter to CISAS.
They have already advised they will be wiling to accept a complaint relating to this breach (they will not get involved in the price increase so don't argue that point), stick to the breach of contract by increasing above RPI and refusing to comply with 7.2.3.3.====0 -
Have you got a copy of your Ts&Cs? Not just the ones on their site?
Did T-Mobile tell you that they'd changed the Ts&Cs? They didn't tell us Orange customers about the changes they'd made. Check out the cancellation terms in your original Ts&Cs and see what grounds they have to allow you to cancel if they are changed. I'd be interested to know if they've added a slippery 'material detriment' clause rather than the (much easier to prove) 'detriment' one I signed up to.
T-mobile havent changed the terms and conditions. They have two sets running. One set for customers that joined before 30th October 2012 and one set for customers that joined after.
http://www.t-mobile.co.uk/shop/terms-and-conditions/terms/0 -
7.2.3.3 states for the 12 months before the month in which we send you written notice.
The only concern to me is if they try to argue that a 'month' is say, a 30 day period. 30 days from the date that I received the letter would be the 7th March. The new RPI figures were not released until the 19th March so this could allow them to argue their case of 3.3% (i.e the figures released on 12th Feb).
What is everyone else's thoughts on this??
Adam0 -
I've had two very interesting conversations with T-Mobile today - which I’ll send in as 2 separate posts
Post 1
As the new T&Cs state I have to call 150 to cancel I did! Here is a summarised transcript – in reality I had to repeat and push several times to get answers:
ME: “Hello do you have the authority to cancel a contract without penalty to me”
CS Rep: “No”
ME: “Can you transfer me to someone who does have the authority to……..”
CS Rep: “No”
ME: “Is there anyone on the 150 number who has the authority to …….”
CS Rep: “No – I can transfer you to cancellations”
ME: “Do they have authority to ………”
CS Rep: “No”
ME: “Can you tell me which month the RPI of 3.3% relates to?”
CS Rep: “January 2013”
ME: “Can I have Transcript of this conversation please?”
CS Rep: “No you need to write in and request it”
ME: “Thank you – goodbye”
So T-Mobile have in their contract a cancellation number on which nobody has the authority to authorise a without penalty cancellation which is what you are contractually allowed if they breach the contract. Incensed by this I decided to phone head office and ask to speak to Olaf Swantee (EE’sCEO), this is where it gets really interesting see post 2!!!0 -
Post 2
I called 01707-315000and asked to speak to Mr Swantee – I was put through to the Executive office:
ME: “Hello do you have the authority to cancel a contract without penalty to me”
LADY: “Yes in certain Circumstances”
ME “Good because I’m tired of going round in circles.. ..I then explained the Breach and mentioned that I was not happy that they have a cancellation number in their contract, but nobody there has authority to transact the contractual obligations!...,SO given the circumstance will you cancel the contract as requested?”
LADY: “I’m not sure I’ll have to check I know there is an investiga…..Er,can I call you back?”
ME: “Would that be today”
LADY: “Yes or tomorrow at the latest”
ME “Okay goodbye”
She called me back within 5 minutes (at last a plus pointfor T-Mobile).
LADY “Unfortunatelywe are unable to take questions on this at the moment as our legal team is lookinginto the price rise letter and the T&Cs”
ME “ According to the T&C’s you are supposed to cancelimmediately – I expect the cancellation will be backdated to when I first contacted you, and I will need a PAC code and an unlock code – can you confirm that this will happen?”
LADY: “I can note it on the account”
ME “When will T-Mobile have finished its review”
LADY: “I don’t know”
ME “Okay I’ll call you back next week if I have not heard anything”
So they are clearly rattled! I suggest you all call the 01707-315000 number.
What has to happen before the media or the regulators stop sitting on their hands and DO SOMETHING?? I’ve contacted journalists at both the Guardian, and the Metro as they had articles about how customers were being hit with price hikes. But they have not responded even though I have shown them how this is in Breach. Do you think they might take up the story if enough of us email them? I have the email addresses (am I allowed to post them?)0 -
adamoneill88 wrote: »7.2.3.3 states for the 12 months before the month in which we send you written notice.
The only concern to me is if they try to argue that a 'month' is say, a 30 day period. 30 days from the date that I received the letter would be the 7th March. The new RPI figures were not released until the 19th March so this could allow them to argue their case of 3.3% (i.e the figures released on 12th Feb).
What is everyone else's thoughts on this??
Adam
Don't give them ideas!
It says in the contract "the month before" (not how many days - so it could be 31st and 1st!)0 -
adamoneill88 wrote: »7.2.3.3 states for the 12 months before the month in which we send you written notice.
The only concern to me is if they try to argue that a 'month' is say, a 30 day period. 30 days from the date that I received the letter would be the 7th March. The new RPI figures were not released until the 19th March so this could allow them to argue their case of 3.3% (i.e the figures released on 12th Feb).
What is everyone else's thoughts on this??
Adam
Your making this very complicated when it dosent need to be!0
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