MSE News: Three to raise mobile prices

tomc1984

what an excellent letter, good luck with this. Think I will have to do the same.

tomc1984

When it says "a cancellation fee will not be charged" does this mean that you would not have to pay the remaining months of your contract, effectively have to pay them nothing but an up to date bill for the time used.

ferrit44

tomc1984 wrote: »

When it says "a cancellation fee will not be charged" does this mean that you would not have to pay the remaining months of your contract, effectively have to pay them nothing but an up to date bill for the time used.

That's what i'd be pushing for yeah.

tomc1984 wrote: »

what an excellent letter, good luck with this. Think I will have to do the same.

Thanks for the comment

Buzby

With no precedent, everyone will be fighting their own battle - but try as I might, I cannot find the supposed 'error' Three made in drafting their contract. It was one of the last main network contracts to enter the fray, but they follow the tried and tested basis - your contract does not explicitly state the tariffs you use and therefore the decision is based on what is a 'rewasonable' increase. Contracts do not in themselves lock in any amount, bundle or package (a common misconception).

Even in the unlikely event of the Don winning his action, it will not be of any real assistance to others as each will have to prove their own case on its merits, and the cost of the action (around £100) will remain a gamble.

completelyterrified

Buzby wrote: »

With no precedent, everyone will be fighting their own battle - but try as I might, I cannot find the supposed 'error' Three made in drafting their contract. It was one of the last main network contracts to enter the fray, but they follow the tried and tested basis - your contract does not explicitly state the tariffs you use and therefore the decision is based on what is a 'rewasonable' increase. Contracts do not in themselves lock in any amount, bundle or package (a common misconception).

Even in the unlikely event of the Don winning his action, it will not be of any real assistance to others as each will have to prove their own case on its merits, and the cost of the action (around £100) will remain a gamble.

They do have a clause in saying customers have the right to cancel though, should a detrimental change be made. They can only really argue that the increase has to be "reasonable" if they let you know in advance what a "reasonable' increase is. This isn't defined in the T&Cs.

sureshk

completelyterrified wrote: »

They do have a clause in saying customers have the right to cancel though, should a detrimental change be made. They can only really argue that the increase has to be "reasonable" if they let you know in advance what a "reasonable' increase is. This isn't defined in the T&Cs.

I am another disgruntled 3 customer. I have informed 3 on the phone, and in email 3 times of my intention to cancel under clause 10.1 (d) of the iPhone pay monthly T&C. Every time they fobbed me off.

I then sent another email to 3, informing them of my right to cancel under 10.1 (d) and if they did not specifically state I could not cancel under 10.1 (d) within 14 days it would be assumed to be acceptance. That was sent 3 days ago, no reply yet.

Then (because I fully anticipate another fob-off email trying to delay me the 1 month), I've done what the oxford tutor did, and informed them of my right to cancel, informed i'm cancelling under 10.1 (d), paid off upcoming bill, cancelled direct debit, and told them any attempts to pursue a cancellation fee will be seen as illegal and unenforceable by law and will be challenged in the courts.

Below is a copy of the email and letter I sent to 3. Please do not take it as legal advice, or as an example of an appropriate or good letter, it's simply what I wrote based on a previous T-mobile cancellation letter template.

"3 Customer Services
Hutchison 3G UK Ltd
PO Box 333
Glasgow
G2 9AG).

08/06/2012

Sent By Recorded Delivery Post

Dear 3 Customer Services

RE: Termination of Pay Monthly Mobile Contract – Mobile # xxxx Account No. xxxxx

Under section 10.1 (d) of the iPhone Pay Monthly Terms and Conditions, I hereby terminate my pay monthly mobile telephone contract with 3. I have also given notice by email to your customer services department (tracking number xxxxx-xxxxxx).

The reason for this termination is your notification on 30/05/2012 via email to my registered email address of xxxx@xxx.com of an increase in the cost of my pay monthly agreement of 3.6%. As the variation is an increase in cost, with no additional increase or improvement in service it is to my Detriment.

With regards to definition of the term ‘Detriment’, which you have failed to define in the iPhone Pay Monthly Terms and Conditions, I refer you to Regulation 7 of The Unfair Terms in Consumer Contract Regulations 1999 which clearly states :
“Written contracts
7.—(1)!A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.
(2)!If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.”

Any attempt to impose the price increase on me without allowing a penalty–free right to cancel, is therefore unfair and unenforceable as a matter of law.

Under section 10.1 (d) of the iPhone Pay Monthly Terms and Conditions, I now exercise my legal right to cancel the contract due to your announcement of price increase which is not acceptable to me and of Detriment.

Under Regulation 7 of The Unfair Terms in Consumer Contract Regulations 1999 I reject as unfair any attempt to deny my rights to cancel under section 10.1 (d) with the argument that an RPI increase in cost is not detrimental. Any attempt to claim a penalty and in particular a cancellation charge will be resisted. As I have cancelled in accordance with section 10.1 (d) of the Terms and Conditions, any attempt to enforce a cancellation charge will be classed as unfair and therefore non-binding and unenforceable. Any claim for them will be disputed and you will need a Court Order to obtain payment of them. I will defend any legal proceedings for such sums under the Unfair Terms in Consumer Contracts Regulations 1999.

I also hereby formally request a Porting Authorisation Code (PAC) for transfer of my current mobile phone telephone number.
I am writing to ask that you provide me with a PAC so that I can port my number to an alternative provider.
My understanding is that you will issue the PAC within 2 working days of receiving this request.Please advise me if there is a fee applicable for moving my number, or any reasons why you are unable to issue the PAC.
Please note as per Ofcom regulatory guidance, none of the reasons for refusing to issue a PAC code apply in this case. (see ht tp://ask.ofcom.org .uk/help/ telephone/refuse_PAC)
I have paid up front the Advance Monthly charge for billing cycle 22 May - 21 Jun via your website, and have receipt to prove this.

I have viewed my account and billing info and it shows that no charges have been incurred in excess of the monthly charges paid in advance –which I have paid. I will cancel my direct debit immediately.

Again you have failed to provide a definition of the term ‘month’, so under Regulation 7 of The Unfair Terms in Consumer Contract Regulations 1999 I assume that the term ‘month’ refers to the billing cycle and not calendar dates. As per your Terms and Conditions section 10.1 (d) which states that I must give notice to Three Customer Services within a month of an announcement of a detrimental variation (which I have), and the statement under section 10.1 (d) that the agreement will finish at the end of that month, I assume again under Regulation 7 of The Unfair Terms in Consumer Contract Regulations 1999 that the term ‘month’ refers to the billing cycle and not calendar dates. Therefore, as I am currently in the billing month for 22 May - 21 Jun I expect the agreement to terminate on 21 June 2012. Please note, any attempts to prolong or impose billing past this date will be viewed as unlawful and unfair under The Unfair Terms in Consumer Contract Regulations 1999 and may be challenged in Court.

Failure to reply in writing by post to this letter within 14 days of the date of this letter will be deemed to be acceptance of cancellation of my pay monthly agreement under section 10.1 (d) of the iPhone Pay Monthly Terms and Conditions, and therefore agreement to cancellation without penalty or cancellation fee.


Yours sincerely"

edit: I'm now trying to work out how to apply to small claims court for a judgement ruling as the don did, but not sure how to : citizens advice bureau were not very helpful in this regard

edit 2 : If you complain to Ofcom and Om:C, you have to make it explicitly clear that you are not complaining about the rise in price (they don't care), but about 3 denying your legal rights to cancel and bullying you into delaying the 1 month. Then they care and reports from many people suggest they are investigating 3's T&Cs (they actually thought they were the same as T-mobile, Orange and Vodafone's) as seemingly this is what 3 told them - a blatant lie, which is why they felt the price rise may not be detrimental.

boatman

I just don't understand why when people have less money the mobile companies think its ok to increase contract prices... perhaps its time to stop buying new phones for a month...

System

ferrit44 wrote: »

I'm torn on what to do with this, as as much as i'd love to just get rid of them i'm worried about my credit record and it being damaged, on the other hand i'm tired of these companies and their underhand tactics.

I drafted a letter up, would anyone like to critique it? please take into account i've never had to draft anything like this up, so go easy

---

Therefore, I am sending you this written notice to request cancellation of my mobile phone contract effective 08/06/2012 on the grounds that you have breached the terms and conditions to which I originally agreed to. I await written confirmation that the cancellation has been put into effect. I also await the final bill of any outstanding amount, I expect this to be fully itemised outlining complete costs, explaining business loss due to this cancellation. Failure to do so, will result in non-payment.

Thank you for your attention to this matter. I await your reply.

Sincerely,
*******
Address

Hi, I read through your letter and I need to point out that three are not in breach of the contract. denying you the right to cancel without cancellation fee would be in breach of contract but currently, they are not in breach of contract.

System

I thought you might be interested in the message i tried to send to Ofcom.
I had to trim this to allow it to go through but i will send the whole message when they reply to me.

I took out a contract with 3 in the carphone warehouse. it was made clear to me that my contract would be £35 a month for two years. everything the salesman said to me led me to believe it would be this price for the full two years. I have never had a phone contract before and did not expect any different from other service agreements i have taken out such as broadband.
on the 22nd may, I received an email informing me that the price would be increased. this was completely out of the blue for me and i absolutely did not expect this. I was also informed that I do not have a right to cancel my contract without incurring a cancellation fee. after checking the terms and conditions thoroughly it was clear to me that I absolutely do have a right to cancel minus a cancellation fee. it clear states in section 10.1 of my contract "(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)". I checked other parts of the contract and detriment is not defined thereby leaving me with the standard definition which would include a price rise of any amount. after confirming that I had a right to cancel without a cancellation fee, I phone three customer services and proceeded to be bullied into submission by them. a number of times, they actually hung up on me without resolving the situation. they repeatedly tried to misdirect me by repeating their right to increase the price which was not even in dispute. one phone operative even tried to mislead me into waiting until the price rise had gone into effect thereby accepting the change and waiving my rights. by doing everything in their power to deny me my rights as outlined in my terms and conditions, I strongly believe three are actually in breach of the contract. I could send them a letter and cancel the direct debit but I am scared of the consequences. three have bullied me so much that i am actually scared to exercise my rights. please give me guidance on how to enforce the terms and conditions of my contract.

you can use this as a template if you are in similar circumstances. the address to write a complaint is here - ht tp:// consumers. ofcom.org. uk/tell-us/

gjchester

tremault wrote: »

I thought you might be interested in the message i tried to send to Ofcom.

Ofcom on all prior price increases have said that any price rise is a business decision and out of their remit.

They are unlilkey to give you any advice, that is not their role but would rule on a complaint if put to them, and in there remit.