Three have raised prices; cause to cancel contract?

thatsean

A few posts up hit the nail on the head. It's about material detriment. costs to cover inflation are not considered (by the regulator) to cause material detriment, therefore give no automatic right to cancel. You did agree to pay £xx.xx per month, but that was in accordance with the Ts and Cs that say "we can raise our prices in-line with inflation", so you've already agreed to this from a legal point of view.

Quentin

barmeepbanameepninibom wrote: »

I'm not a lawyer but surely one can disagree to a change in the contract?

Of course.

But there is no attempt to change the "contract", which allows price increases!

nononsence

Folks to me this is a clear case of 3 being in the wrong here.

1. There is no wording in my contract where I can see the words 'material'. My contract (the iPhone contract with 3) states:-

'(d) Within one month of a 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 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.)'

That sounds pretty cut and dry to me.

2. I can see no where in the contract where it states that 3 are able to raise prices by RPI - as suggested by the earlier post. The only mention of price rises is in section 4.1 where it states

'4.1 We may vary any of the terms of your agreement, including our Packages, on the following basis:
(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 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.'

However this section is only referring to 3's obligation to inform you of any such changes it is not referring to your rights to cancel which are covered in section 10.

3. There is reference in earlier posts to Orange having done the same thing a few months ago - however the Orange T&Cs clearly state that you cannot terminate for RPI increases - that is quite different from 3's T&C which clearly state that you can.

Is there any reason why I can't cancel my contract and get a SIM only contract with 3 for £25 per month and then save £10 per month out of their greed?

simax

Look guys, it's been done to death before. You cannot cancel. Inflation is a fact of life. You can leave out of protest at the end of your contract but you cannot avoid this happening wherever you go, so you're stuck with it I'm afraid.

Also, you agreed to the T+C's, regardless of whether you read them or not, so you cannot complain really.

nononsence

simax wrote: »

Look guys, it's been done to death before. You cannot cancel. Inflation is a fact of life. You can leave out of protest at the end of your contract but you cannot avoid this happening wherever you go, so you're stuck with it I'm afraid.

Also, you agreed to the T+C's, regardless of whether you read them or not, so you cannot complain really.

I did read my T&Cs and as mentioned in my earlier post it clearly states that I can cancel without penalty for a change that they make that is detrimental to me. No mention of the detrimental impact being material, no mention of them being able to raise their priced by RPI and no wording in the contract to stop me cancelling without penalty for RPI increases as there was in the Orange contract.

I will brave the 3 Customer Services tomorrow and see how I get on.

pmduk

I'm 18 months through my (24 month) contract, this is the second increase and I will now paying 11% more than the original contract price. Not happy!

Quentin

nononsence wrote: »

....r the Orange T&Cs clearly state that you cannot terminate for RPI increases - that is quite different from 3's T&C which clearly state that you can.

Is there any reason why I can't cancel my contract and get a SIM only contract with 3 for £25 per month and then save £10 per month out of their greed?

You can cancel your contract at any time, but there will be a penalty to pay!

You have misread the 3 ts + cs. No where does it state you can cancel if they increase their prices by the RPI!

nononsence

Quentin wrote: »

You can cancel your contract at any time, but there will be a penalty to pay!

You have misread the 3 ts + cs. No where does it state you can cancel if they increase their prices by the RPI!

Not specifically but it does state that I can cancel without penalty for a detrimental variation. I don't think even 3 can argue that any increase in price is a detrimental variation.

grumbler

Quentin wrote: »

You can cancel your contract at any time, but there will be a penalty to pay!

You have misread the 3 ts + cs. No where does it state you can cancel if they increase their prices by the RPI!

However, it does state that

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

And nowhere does it say that the variation is 'detrimental' only if the increase is above RPI.

Quentin

nononsence wrote: »

Not specifically but it does state that I can cancel without penalty for a detrimental variation. I don't think even 3 can argue that any increase in price is a detrimental variation.

The charges you pay are covered by the Ts + Cs, and they do say they aren't limited!

But they also protect you by allowing you to get out without penalty if they increase them above RPI..

charges for access to, and use of, Three Services in respect of your Package as set out in the Price Guide.
These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you

.