Three have raised prices; cause to cancel contract?

System

I believe that they can up the price

But if anybody strongly believes that the Ts &Cs don't allow them to do this without allowing cancellation then take them to court and publish your result on line.
Or if you are really brave, cancel and refuse to pay the outstanding balance and let them take you to court.

Or is it a case of all talk and no action from everybody?

liam8282

Here is what three actually say on their website http://support.three.co.uk/srvs/cgi-bin/webisapi.dll?command=new,kb=mobile,ts=mobile,t=article,varset_cat=billing,varset_subcat=3767,case=obj%285856%29,varset_username=Mobile:mobileUser&typeSearch=%27price%20increase*%27

Price changes.
From 16 July 2012, we're increasing the monthly charge to phone and Mobile Broadband contracts that were set up before 8 March 2012.

If you joined Three on or after 8 March 2012, or you're on a 1-month SIM Only, Business or Pay As You Go plan, this price increase won't affect you.

If this affects you, you'll get a text, email or letter between 21 May and 1 June to let you know exactly how much your monthly bill will be going up by. The increase will start from your next bill date on or after 16 July 2012.

We've tried to make sure we tell you using your preferred method of contact. If you have a Mobile Broadband contract, you may need to check your dashboard for the text.

We've raised our prices by 3.6%, in line with the Retail Price Index (RPI) rate published on 17 April 2012. The RPI measures the average cost of goods and services across the country for consumers and businesses and we've brought our charges in line with this.

This price increase will be applied to your total monthly package price. The increase is not applied to any service Add-ons. For example, Add all-you-can-eat data.

We've worked out your increase based on your package price in April. The increase applied after 16 July may be different if you've recently changed price plan or renewed your contract.

Our terms and conditions allow us to raise prices in line with inflation so that we can cover our business costs. This means that you won't be able to leave your contract early as a result of this change.

While we know a price increase is never welcome, this is the first time that we've ever raised the price of our Pay Monthly phone contracts and we're confident that your plan still represents excellent value for money.

completelyterrified

malone19 wrote: »

If you do cancel do you need to send the phone back? I'm coming to the end of my contract so it's not really worth the hassle but it's the principle of it.

From what people are posting I think they have a problem with the wording of their contract, I'm no lawyer but it does seem that they haven't put in a clause where they should have and it clearly states you can cancel with no penalty.

Would like to see what those with legal training have to say.

I've been through this with them before, via CAB. They have no right to request the handset back, as they normally advertise it as being "free" with the contract. Ergo, it's yours to keep.

completelyterrified

!!!!!! wrote: »

I believe that they can up the price

But if anybody strongly believes that the Ts &Cs don't allow them to do this without allowing cancellation then take them to court and publish your result on line.
Or if you are really brave, cancel and refuse to pay the outstanding balance and let them take you to court.

Or is it a case of all talk and no action from everybody?

I'm complaining as we speak, but I expect results will take a week or so (they normally do). Doing everything via e-mail so there's a lovely little audit trail, and also Twitter and Facebook.

Look, they don't have the same T&Cs that other mobile firms have re increasing the price. It's that simple - go through the T&Cs yourself, the terms simply aren't there. Plenty of people have pointed it out, and when I've challenged Three on it, they're doing their best to simply change the subject or avoid the question.

=====

Edited to add - why do you believe they can up the prices? Have you found anything in the T&Cs to suggest that they can? Or are you claiming this because Orange and T-Mobile, two firms which do have specific clauses in the T&Cs, got away with it?

SnowyBrighton

I don't agree with it, and I'm not entirely sure that it's right or fair.

The only thing that I am complaining on is that the T&Cs are vague. They mention that it is over a 12 month period:

(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.

It's funny how they started to announce it from the 21st, yet on the 22nd the RPI dropped from 3.6% to 3.5%... To me, this is within the 12 month period and has been announced prior to the price change of 16/07/12.

Just my thought...

liam8282

Snowybrighton - The full T&C you have quoted in part and the important bit highlighted....

"(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."

Therefore the RPI is irrelevant, they have followed their T&C's and notified you at least one month in advance of an increase.

As I have said before, the price increase has been deemed "reasonable" already, by Ofcom, so any protests or arguments with Three will surely be in vain.

The only way to get out of a contract using this method is if the price increase was deemed as "unreasonable" and would be of detriment to you. Something that has already been agreed with the regulators that it isn't.

I agree with the point made earlier, that the best somebody could hope for is a gesture of goodwill from Three, but personally I can't see that happening either.

completelyterrified

liam8282 wrote: »

Snowybrighton - The full T&C you have quoted in part and the important bit highlighted....

"(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."

Therefore the RPI is irrelevant, they have followed their T&C's and notified you at least one month in advance of an increase.

As I have said before, the price increase has been deemed "reasonable" already, by Ofcom, so any protests or arguments with Three will surely be in vain.

The only way to get out of a contract using this method is if the price increase was deemed as "unreasonable" and would be of detriment to you. Something that has already been agreed with the regulators that it isn't.

I agree with the point made earlier, that the best somebody could hope for is a gesture of goodwill from Three, but personally I can't see that happening either.

Again, this is incorrect. The second part of clause 4 states that you have the right to cancel if the change is detrimental to you. It states the only exceptions are increases based on changes in law, regulation or license, or when the increase is purely applied to add-ons only.

All of the other operators who've managed to do this have had a further clause in at that point adding that you have no right to cancel if they raise prices in line with the current measure of inflation. Three have left this out.

Maz1968

Emailed the CEO, had a reply from the excexutive offfice that they will look into it. We could fill up David Dysons inbox

liam8282

completelyterrified wrote: »

Again, this is incorrect. The second part of clause 4 states that you have the right to cancel if the change is detrimental to you. It states the only exceptions are increases based on changes in law, regulation or license, or when the increase is purely applied to add-ons only.

All of the other operators who've managed to do this have had a further clause in at that point adding that you have no right to cancel if they raise prices in line with the current measure of inflation. Three have left this out.

It has already been agreed by OFCOM (the independant regulator) that a price increase in line with inflation is "reasonable", call it what you will detrimental, unreasonable...... If it has been agreed that the price increase is not detrimental, a note about RPI or anything else is irrelevant.

Show me one person that has had success and I will follow suit because I have a three contract.

When three reject your complaints where do you go next? Ofcom, and as they have already agreed that these price increases are not detrimental, where do you go then?

Waste of time and energy IMO, but as I said show me one person that has success and I will agree and follow.

grumbler

liam8282 wrote: »

It has already been agreed by OFCOM (the independant regulator) that a price increase in line with inflation is "reasonable", call it what you will detrimental, unreasonable...... If it has been agreed that the price increase is not detrimental, a note about RPI or anything else is irrelevant.

Luckily, toothless and shambolic Ofcom is not the ultimate authority in this countrly.

When three reject your complaints where do you go next? Ofcom, and as they have already agreed that these price increases are not detrimental, where do you go then?

If I were with Three and if I wanted to leave, I would pay the cancellation fee under protest and then sue them via MCOL for this amount plus court fees plus inconvenience they caused.

IMHO, the T&C are so clear that Three will settle before the court hearing as they don't have a leg to stand on.