Tmobile price increase
Comments
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Go for it - I seem to have little to no success with the media
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The fight to cancel your EE, Orange, or T-Mobile contract due to the change in T&Cs is being progressing on a different forum which can be found here:
http://forums.moneysavingexpert.com/showthread.php?p=64634080&posted=41#post64634080
I suggest we keep this forum focused on trying to obtain a cancellation due to the change from Januarys 3.3% to Februarys 3.2% RPI. You might also want to fire off the changed T&Cs email (if you received the text) just in case CISAS make the wrong decision on this one!0 -
So the decision is in and my claim was unsuccessful. I do find this point interesting though ;
Both the customer’s claim and the defence submission agree that the customer was informed of the 3.3% price rise in April 2013. This would have taken effect on 9 May 2013. As the customer was aware of the increase, and chose not to seek termination of the agreement, I find that through the customer’s conduct he accepted the higher than RPI price increase at that time. I note that the company did not then apply the increase to the customer’s account at that time. The company explains that because the agreement was entered into so close to the date of the price rise, it deferred the application of the increase until November 2013.
I didn't accept any increase. He also admits there the increase was too high! I couldn't do nothing then because the increase hadn't been applied to my account so they wouldn't have let me cancel then anyway!Currently in a Trust Deed 43 payments until DEBT FREE - February 20270 -
hi ive been with orange since june/july 2013 can I still cancel without penalty if I don't agree with the increase.i received a text on the11/2/14 informing of changes to terms and conditions ,I phoned them this morning to ask and was told I couldn't and that nobody cancelled last year due to price increases which I found a bit hard to believe ,I managed to cancel my virgin media contract after their latest rise.0
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Sorry to hear this. I have seen the decision and the adjudicator has based the findings on the Old contract clause not the new one - so the arguments are completely different. He also failed to say which part of the contract allows T-Mobile to "adjust" a mis applied price rise!So the decision is in and my claim was unsuccessful. I do find this point interesting though ;
Both the customer’s claim and the defence submission agree that the customer was informed of the 3.3% price rise in April 2013. This would have taken effect on 9 May 2013. As the customer was aware of the increase, and chose not to seek termination of the agreement, I find that through the customer’s conduct he accepted the higher than RPI price increase at that time. I note that the company did not then apply the increase to the customer’s account at that time. The company explains that because the agreement was entered into so close to the date of the price rise, it deferred the application of the increase until November 2013.
I didn't accept any increase. He also admits there the increase was too high! I couldn't do nothing then because the increase hadn't been applied to my account so they wouldn't have let me cancel then anyway!
As the adjudicator has obviously used the wrong the contract terms I would take this claim to the SCC has the arguments have not been fully explored (I lost a case at CISAS, but EE settled out of court when I took it to the small claims court).
Everton2004 - we need to make things crystal clear when we respond in your case, so the adjudicator at least considers the correct contract version!!0 -
hi ive been with orange since june/july 2013 can I still cancel without penalty if I don't agree with the increase.i received a text on the11/2/14 informing of changes to terms and conditions ,I phoned them this morning to ask and was told I couldn't and that nobody cancelled last year due to price increases which I found a bit hard to believe ,I managed to cancel my virgin media contract after their latest rise.
That debate is raging on the following forum
http://forums.moneysavingexpert.com/showthread.php?p=64634080&posted=41#post64634080
What arguments did you use against Virgin, and did they settle with you, or did you need to go to the adjudicator, or Small Claims Court?0 -
RandomCurve wrote: »Everton2004 - we need to make things crystal clear when we respond in your case, so the adjudicator at least considers the correct contract version!!
Yes I received my reply from CISAS today. Not sure I understand it fully - bloody legal mumbo jumbo! :eek:
In a nutshell, they're saying they haven't broken any Terms and Conditions. I have until the 24th February to respond :mad:0 -
everton2004 wrote: »Yes I received my reply from CISAS today. Not sure I understand it fully - bloody legal mumbo jumbo! :eek:
In a nutshell, they're saying they haven't broken any Terms and Conditions. I have until the 24th February to respond :mad:
I'm guessing they are using the same defence as for Ryan92. You can send it to me if you like and I'll take a look - I'll PM you an email address.0 -
Ryan92 - Have you followed up with CISAS re them deciding your case on the wrong T&Cs?0
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RandomCurve wrote: »I'm guessing they are using the same defence as for Ryan92. You can send it to me if you like and I'll take a look - I'll PM you an email address.
Thanks for that, I have just emailed you the relevant documents
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