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Tmobile price increase
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# 2321
50Twuncle
Old 08-02-2014, 10:16 AM
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Has anyone notified BBC watchdog yet - that Tmobile/EE are up to their old tricks again ?
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# 2322
RandomCurve
Old 10-02-2014, 7:14 PM
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Go for it - I seem to have little to no success with the media
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# 2323
RandomCurve
Old 10-02-2014, 7:18 PM
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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/...1#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!
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# 2324
ryan92
Old 12-02-2014, 12:42 PM
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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!
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# 2325
iangary67
Old 12-02-2014, 3:25 PM
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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.

Last edited by iangary67; 12-02-2014 at 3:30 PM.
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# 2326
RandomCurve
Old 15-02-2014, 8:37 PM
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Quote:
Originally Posted by ryan92 View Post
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!
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!


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!!
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# 2327
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Old 15-02-2014, 8:39 PM
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Quote:
Originally Posted by iangary67 View Post
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/...1#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?
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# 2328
everton2004
Old 18-02-2014, 1:35 PM
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Quote:
Originally Posted by RandomCurve View Post
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!

In a nutshell, they're saying they haven't broken any Terms and Conditions. I have until the 24th February to respond
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# 2329
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Old 19-02-2014, 6:21 PM
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Quote:
Originally Posted by everton2004 View Post
Yes I received my reply from CISAS today. Not sure I understand it fully - bloody legal mumbo jumbo!

In a nutshell, they're saying they haven't broken any Terms and Conditions. I have until the 24th February to respond
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.
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# 2330
RandomCurve
Old 19-02-2014, 6:22 PM
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Ryan92 - Have you followed up with CISAS re them deciding your case on the wrong T&Cs?
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# 2331
everton2004
Old 20-02-2014, 1:03 PM
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Quote:
Originally Posted by RandomCurve View Post
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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# 2332
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Old 20-02-2014, 11:41 PM
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Quote:
Originally Posted by everton2004 View Post
Thanks for that, I have just emailed you the relevant documents

The defence is the same as that used by EE on Ryan92. If we can get the adjudicator to consider the arguments against the CORRECT version of the contract I think you can win this
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# 2333
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Old 20-02-2014, 11:43 PM
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RYan92 - Have you sent the request to CISAS to have the case reviewed using the correct T&Cs?
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# 2334
everton2004
Old 24-02-2014, 12:18 AM
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Quote:
Originally Posted by RandomCurve View Post
The defence is the same as that used by EE on Ryan92. If we can get the adjudicator to consider the arguments against the CORRECT version of the contract I think you can win this
Many thanks for the reply, I have filled in the required bit and have just fired it off to CISAS - let's see what happens now

Whatever the result (but let's hope it's a positive one!), I would like to express my thanks and gratitude for you tireless work and efforts throughout this. You have been an absolute star, MSE Forums should be proud to have people like you on here
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# 2335
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Old 24-02-2014, 8:17 PM
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Quote:
Originally Posted by everton2004 View Post
Many thanks for the reply, I have filled in the required bit and have just fired it off to CISAS - let's see what happens now

Whatever the result (but let's hope it's a positive one!), I would like to express my thanks and gratitude for you tireless work and efforts throughout this. You have been an absolute star, MSE Forums should be proud to have people like you on here

You're welcome Fingers crossed
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# 2336
everton2004
Old 26-02-2014, 12:23 PM
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Received notification this morning - all case papers (including the comments that I sent this week) have been sent onto the adjudicator. Just have to wait for their decision now (upto 3 weeks).
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# 2337
scooby9858
Old 05-03-2014, 4:03 PM
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i have received tmobiles defence and need to submit comments by tomorrow i based my case on RandomCurves template but totally lost on what to reply.my contract started on sept 2012 which should be v58 t/c tmobile have said my t/c are v59.can i post there defence here without voiding my case for a bit of advice.thanks.
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# 2338
RandomCurve
Old 05-03-2014, 5:30 PM
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Quote:
Originally Posted by scooby9858 View Post
i have received tmobiles defence and need to submit comments by tomorrow i based my case on RandomCurves template but totally lost on what to reply.my contract started on sept 2012 which should be v58 t/c tmobile have said my t/c are v59.can i post there defence here without voiding my case for a bit of advice.thanks.

A question.


  1. Is your CISAS termination request based on the change in T&Cs as per this forum OR
  2. The revised price increase announced in November 2013?


The defence suggests they are defending a claim based on the November 2013 price rise adjustment?


Also you are very lucky as they think you are on V59 which can only help your case
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# 2339
scooby9858
Old 05-03-2014, 7:38 PM
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Quote:
Originally Posted by RandomCurve View Post
A question.


  1. Is your CISAS termination request based on the change in T&Cs as per this forum OR
  2. The revised price increase announced in November 2013?

The defence suggests they are defending a claim based on the November 2013 price rise adjustment?


Also you are very lucky as they think you are on V59 which can only help your case
the request is based on the may 9 2013 price increase which i complained about at the time.the apr used 3.3% i have emailed you what i sent cisas.thanks
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# 2340
RandomCurve
Old 05-03-2014, 9:58 PM
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Quote:
Originally Posted by scooby9858 View Post
the request is based on the may 9 2013 price increase which i complained about at the time.the apr used 3.3% i have emailed you what i sent cisas.thanks

I've sent you an email. keep us posted on the forum with how you get on.


I was initially a little confused - I thought all of the Original 2013 price rise issues had been dealt with.
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