Three have raised prices; cause to cancel contract?

System

Quentin wrote: »

3's ts + cs

Section, part number?

Quentin

munchingfoo wrote: »

By this logic they could increase the rate 500% and you'd still have to pay.....

No you wouldn't

Were they to do this and you didn't want it they would let you leave without penalty (as set out in the ts + cs)

Quentin

mutzi wrote: »

Section, part number?

Don't know off the top of my head. Read the ts + cs here:

http://www.three.co.uk/ThreePortal/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobnocache=false&blobtable=MungoBlobs&blobwhere=1223573781693&ssbinary=true

System

Quentin, I don't mean to be rude, but term you are asserting exists, does not. If you can provide a direct quote then feel free to correct me, otherwise it is hard to take you seriously on this.

I have read the document, I've emailed three asked to cancel based upon it. There is nothing which allows them to raise prices in the way that they have and avoid cancellations.

Quentin wrote: »

Don't know off the top of my head. Read the ts + cs here:

munchingfoo

Quentin wrote: »

No you wouldn't

Were they to do this and you didn't want it they would let you leave without penalty (as set out in the ts + cs)

As I stated in my post, I more than happy to be proved wrong. Please just quote the para number and section which states that a price rise in line or below inflation will mean they CAN change your contract AND that you cannot cancel for free.

It is loosely implied in para 4, but loose implications do not a contract make.

There is no mention of what happens in the case of such a rise and therefor it comes under para 10, a detrimental variation.

Quentin

They do say that the "charges" for the service are set out in the price guide, and they define an increase above inflation as being detrimental, which allows us to cancel without penalty.

mutzi wrote: »

Please quote the source of this.

I haven't "asserted" any "term" exists!

But they do say in the Ts + Cs that the Price Guide shows the prices to pay for their services. We know the Price Guide is about to show a change.

They also say that a price rise in excess of RPI increase would be "detrimental" and allow us out.

munchingfoo

Quentin wrote: »

They also say that a price rise in excess of RPI increase would be "detrimental" and allow us out.

It says nothing of the sort. I get the feeling you haven't even read the t and cs... (i now have because I dislike being wrong)

System

Quentin wrote: »

They do say that the "charges" for the service are set out in the price guide, and they define an increase above inflation as being detrimental, which allows us to cancel without penalty.

This (forthcoming) change to the price guide seems covered - it's not above inflation, so not "detrimental" as defined un the ts + cs.

Quentin wrote: »

I haven't "asserted" any "term" exists!

You are implying a term exists which states an above inflation rise as being detrimental, but anything less is not. It does not say this.

You are also implying that because they are altering the price guide with new prices, and that because this is not the same document as the other terms, that this somehow makes it ok?

I have already directly quoted the terms on this and I will do again.

2. About your agreement
2.1 Your agreement is made up of these Terms for Three
Services and your Package, along with any other
terms laid down in selected Additional Three Services
on the Device. Additional terms may apply to any
promotional or special offers.

I have a letter from three detailing my package, it states a price and duration, the start date and what is included. It mentions nothing about inflation.

The price guide is indeed referenced in the terms as well, it mentions nothing about inflation.

The only term in the sum of my contract the mentions inflation is the following:

4. Variations to your agreement or prices
4.1 We may vary any of the terms of your agreement,
including our Packages, on the following basis:
(a) any updated Packages and new terms will be
available on our website and on request to Three
Customer Services;
(b) we will let you know at least one month in advance
if we decide to:
(i) discontinue your Package; or
(ii) make any variations to your agreement which
are likely to be of material detriment to you; or
(iii) increase the fixed periodic charges for your
Package (if applicable) by an amount which is
more than the percentage increase in the Retail
Prices Index Figure (or any future equivalent) in
any twelve month period.
You can end the agreement for such variations as
explained in Section 10.

It mentions RPI this once, and three are required to give notice. It does not define rises at or below RPI as non detrimental. It does not state that ii and iii are mutually exclusive.

Any price rise is of material detriment to the consumer. So ii is applicable, regardless of iii.

Quentin

They also say that a price rise in excess of RPI increase would be "detrimental" and allow us out.

munchingfoo wrote: »

It says nothing of the sort. I get the feeling you haven't even read the t and cs... (i now have because I dislike being wrong)

I couldn't be posting here without having read the ts + cs, as my posts concern them!

I fear you are wrong, as the ts + cs have this to say about price rises in excess of the RPI increase being detrimental and allowing us out:

we will let you know at least one month in advance if we decide
to:..... increase the fixed periodic charges for your Package
(if applicable) by an amount which is more than the percentage increase in the Retail Prices Index Figure (or any future equivalent) in any twelve month period....................

You can end the agreement within one month of us telling you
about a variation to your agreement (which includes your
Package) which is likely to be of material detriment to
you....A Cancellation Fee will not be charged

Singh23

Having read through this whole thread, I have realised that a lot of people have commented on Three using their knowledge of previous instances of price increase from Orange UK and T-Mobile UK. This is not suitable, as each contractual agreement has different terms and conditions and simple teminology can affect outcomes of cases.

I'm currently with Three UK, paying £20 per month and this is due to go up by £0.71.

Having read through Sections 4 and 10 of the T&Cs, i have ascertained that I can NOT leave my contract due to this increase. This is due to the following:

10.1(d) Within one month of a materially detrimental
variation to your agreement. You can end the
agreement within one month of us telling you about
a variation to your agreement (which includes your
Package) which is likely to be of material detriment to
you. You must give notice to Three Customer Services
within that month and your agreement will finish at
the end of that month once we receive your notice. (A
Cancellation Fee will not be charged.)
You can end the agreement for such variations as
explained in Section 10.

£0.71 per month, won't be accepted as materially detrimental to anyone - using common sense.

Everyone is referring to Section 4, but that has nothing to do with being able to cancel:

4.1(b) we will let you know at least one month in advance
if we decide to:
(i) discontinue your Package; or
(ii) make any variations to your agreement which
are likely to be of material detriment to you; or
(iii) increase the fixed periodic charges for your
Package (if applicable) by an amount which is
more than the percentage increase in the Retail
Prices Index Figure (or any future equivalent) in
any twelve month period

To sum up, once the phrase 'material detriment' comes into play, we have no standing (regarding ~£1pm). If the iPhone T&Cs do NOT state 'material', they should be able to cancel without penalty IMO.