Three have raised prices; cause to cancel contract?

completelyterrified

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.

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.

Except for the fact that I didn't sign a contract with OFCOM. I signed it with Three. Legally speaking, they want the customer to prove that it's "materially detrimental" - if that's the case, they need a term in their contract which states that unless it's materially detrimental, you can't cancel. All of the other operators who've done this successfully have this. Three have a line regarding it in their Pay Monthly T&Cs, although they still don't have a specific clause regarding RPI, like the other's do.

Here's the rub though - Three have a different set of T&Cs for iPhone customers - this set doesn't contain anything regarding "materially detrimental" increases - just "detrimental".

So, that then leads to the question "what is detrimental"? Basically anything that is of detriment to myself - in this case, They've decided I should pay more for exactly the same service. This is definitely detrimental. It could be argued it's not "materially detrimental" given the size of the increase, but given that there's no clause in the iPhone T&Cs regarding this, they can't apply it.

liam8282

completelyterrified wrote: »

Except for the fact that I didn't sign a contract with OFCOM. I signed it with Three. Legally speaking, they want the customer to prove that it's "materially detrimental" - if that's the case, they need a term in their contract which states that unless it's materially detrimental, you can't cancel. All of the other operators who've done this successfully have this. Three have a line regarding it in their Pay Monthly T&Cs, although they still don't have a specific clause regarding RPI, like the other's do.

Here's the rub though - Three have a different set of T&Cs for iPhone customers - this set doesn't contain anything regarding "materially detrimental" increases - just "detrimental".

So, that then leads to the question "what is detrimental"? Basically anything that is of detriment to myself - in this case, They've decided I should pay more for exactly the same service. This is definitely detrimental. It could be argued it's not "materially detrimental" given the size of the increase, but given that there's no clause in the iPhone T&Cs regarding this, they can't apply it.

I still can't see anyone being successful. I have the iphone contract with Three too, so if you are successful, come back and let us know how you get on.

mchu6am4

Would have loved to have been able to cancel as I've been looking for an excuse already....but its a shame the bas****ds have covered themselves!

I'm really annoyed with Three as I've had a mobile/contracts since 1997 with lots of operators without much problem...decided to join Three recently and went on holiday abroad after a month or so and they said I cant use my phone abroad as I've not been with them for at least sixty days!!!

Three SUCK big time!:mad::mad::mad:

reclusive46

mchu6am4 wrote: »

Would have loved to have been able to cancel as I've been looking for an excuse already....but its a shame the bas****ds have covered themselves!

I'm really annoyed with Three as I've had a mobile/contracts since 1997 with lots of operators without much problem...decided to join Three recently and went on holiday abroad after a month or so and they said I cant use my phone abroad as I've not been with them for at least sixty days!!!

Three SUCK big time!:mad::mad::mad:

Actually with the abroad thing it works out better for many as there is no credit check for one after 60 days and they can enable it for anyone, no matter what credit history. Many networks will not enable by default unless you have a perfect credit history and then will automatically enabled it after 3 or 4 payed bills.

studio_two

hiraku777 wrote: »

Hi all,

I haven't read their T&Cs but i really think its unfair to raise the bill given the product was sold as certain amount/month contract.

For the majority of us, I imagine that is exactly how it WAS sold - as a fixed price deal. £20 for 24 months clearly stated within the store and on the web site.

If (buried somewhere in the T&Cs) the contract says something fundamentally different, wouldn't that be miss-selling?

jayme1

studio_two wrote: »

For the majority of us, I imagine that is exactly how it WAS sold - as a fixed price deal. £20 for 24 months clearly stated within the store and on the web site.

If (buried somewhere in the T&Cs) the contract says something fundamentally different, wouldn't that be miss-selling?

no you signed up for a £20 for 24 month deal in accordance to the T&Cs, since you signed your name or ticked the check box explicitly stating you have both read and agree to be bound by the T&Cs there is absolutely no miss-selling.

Davrobs

I’ve just been hung up on by 3′s call centre. I think it was because the guy just got frustrated at me because I wouldn’t accept his rather wooly argument as to why I couldn’t cancel my contract without penalty. They’re now saying that raising the price below the RPI cannot be classed as a detrimental variation to the contract – despite the fact that it doesn’t say that anywhere in the small or tiny print. I’ve put a complaint in to their head office (a second one) so we’ll see where that gets me (nowhere I suspect). I can’t wait for December so I can be out of this contract. I would go as far as to say that I’ll never take out another long term phone contract – it’s really not worth the hassle just to get a new shiny shiny is it?

zkw29

Here are some excerpts from the iPhone contract terms and conditions:

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:
...

(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.

You can end the agreement for such variations as explained in Section 10.

...
10.1 You may end this agreement in the following ways:
...

(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.)

Maybe I'm missing something so I have a couple of questions/points I'm sure someone can help me with.

1) I've seen section 4.1 (b) (iii) quoted a few times but the way I'm reading it, Three will inform me if they decide to increase my monthly charge by more than the rate of RPI. - They don't have to inform me in this case because the increase is (1 penny) less than the rate of RPI. It doesn't say anywhere that I am agreeing to increases of less than RPI. I think this section is superseded by my third point anyway.

2) They've held up their end of the bargain... a price rise is of detriment to me and they've informed me. Meets the t&c's.

3) I can end my contract without cancellation charge within 1 month of a variation which is likely to be of detriment to me. Surely a price increase is, by definition, of detriment to me?

The way I'm reading that, I'm free to cancel without charge. Of course, I'm not expecting that to actually happen and suspect the best case scenario is that I'm right and they don't go ahead with the increase to my bill. Can anyone tell me which part of this I'm misunderstanding?

grumbler

You read everything correctly and you are not the first one. However, they will go ahead and will not allow you to leave peacefully.
IMO the only way to enforce their own T&C is to sue them.

Quentin

zkw29 wrote: »

......3) I can end my contract without cancellation charge within 1 month of a variation which is likely to be of detriment to me. Surely a price increase is, by definition, of detriment to me?

...... Can anyone tell me which part of this I'm misunderstanding?

You are misunderstanding "variation".

That doesn't mean a change in the price you pay! (That isn't specified in the contract - all it says is the price we pay is as shown in their "Price Guide".) (The price guide isn't covered in the ts + cs and can change)

It means a variation to the ts + cs (eg. they decide to make us give them 3 months notice if we want to leave)