Tmobile price increase

anna2007

tsandcs wrote: »

I rang tmobile on wednesday night after not receiving any emails back from several addresses, told them I would like my PAC code, they claimed that the increase was done off of Januarys RPI to which I replied you cannot just pick and choose the rate that suits tmobile, told them to send me my PAC, they warned me of my early repayment charge, I was firm(yet polite), quoted the T+C's again, and left it at that, received my PAC 10 minutes later, great I thought will start looking for a new provider at weekened, message says I have until the 10th of may to use my PAC.

On Thursday I drive to work, an hour away from where I live so don't know the area, whip out my phone for some google maps help, won't work, turned phone off and on, still nothing, try calling out to hear a message that I have reached my credit limit??? called the number it said and was told (by a computer) that to use my phone would require immediate payment of £211??? :T

So is the £211 the cancellation charge? If so (and your payments are up to date), this is surely another breach of contract on their part? They can't suspend/terminate the service because you disagree with their proposed cancellation charge, and they most certainly would have to bill you first for the charge, so you have the opportunity to either pay the charge willingly (or under protest) or dispute the amount.

anna2007

d123 wrote: »

I wouldn't think that work for them, if you email their customer relations address you get the following reply:



So they are accepting alternative methods for contact.

Of course they are, but the only acceptable method stated under clause 7.2 of the T&C's is via a call to CS.

d123

anna2007 wrote: »

Of course they are, but the only acceptable method stated under clause 7.2 of the T&C's is via a call to CS.

Except that was the answer to an email relating to cancellation.

anna2007

d123 wrote: »

Except that was the answer to an email relating to cancellation.

The fact that they have corresponded with you by email regarding the cancellation should mean 7.2.2 won't come into play; but at least by putting the call in, you can show that, unlike them, you've kept to your end of the agreement

Guys_Dad

d123 wrote: »

To try not too cause too much confusion (to T-Mobile/EE) I have sent them a much simpler letter.

Lets see if it is any better at getting them to understand.

You have got yourself in a bit of a cleft stick here.

First of all, let me say you are 100% correct in what you are trying to do and I agree that they have broken their t&c. So I start from a position of being on your side.

Let's suppose they go with your letter, give you your PAC code and you then use it. You could easily find yourself in the position of tsandcs on this thread. You get hit with a bill for the balance of your contract.

So what do you do then? Cancel DD and get your credit record trashed or pay up and then have to go to court?

If they are playing hardball, then it will be you who comes off worse, at least initially until you win in court.

You should have included a paragraph in your letter stating that if they were not prepared to allow you to cancel penalty free, they should reply, in writing, explaining why they felt that an increase in excess of their t&c should not allow you to trigger the release clause.

I await with interest to see how your case finally ends up if they do send your PAC code in response to your letter. (I have no doubt that they will give it to you, but it all depends upon what happens in the weeks that follow re any cancellation charges).

Let me reiterate - I am 100% behind you on this, but these guys represent the worst aspects of a bullying big business who think that t&c only should be applied in one direction.

Edit:- Keep a watch on this thread as well https://forums.moneysavingexpert.com/discussion/4517039 as CISAS look to be getting involved on increases outside t&c as well.

daveuk1

anna2007 wrote: »

Has anyone requested cancellation under 7.2.3.3 in writing only, without a call to CS? Just noticed clause 7.2.2 states that you can only give them notice to terminate the agreement by calling Customer Services - would hate to think T-Mobile managed to wriggle out of their obligations because the customer hadn't made the call before the price increase came into effect. Seems like an unfair term, but definitely worth doing?

A very good point. Although they would be unlikely to be able to successfully rely on clause 7.2.2 once they have started engaging with you via another medium, much better to phone them first, make a note of who you speak to and what is said, and follow up with written confirmation by email and recorded delivery. Then there's no argument.

Guys_Dad wrote: »

...

Let's suppose they go with your letter, give you your PAC code and you then use it. You could easily find yourself in the position of tsandcs on this thread. You get hit with a bill for the balance of your contract.

So what do you do then? Cancel DD and get your credit record trashed or pay up and then have to go to court?

In practice, PACs are not usually issued until outstanding amounts are settled so this situation shouldn't arise. Even if it did, you ought to have the opportunity to resolve via CISAS or the ICO before too much damage is done to your credit file. It would be a particularly bloody-minded company that chose to trash your credit file knowing that they were going to end up having to justify themselves to the regulator.

timbouk

d123 wrote: »

There is an OFCOM reporting form, it can't hurt for everyone to comment to OFCOM directly to make them aware of the problem.

https://stakeholders.ofcom.org.uk/tell-us/formal-phone-company

Many thanks for this. I followed your advice and have had a reply from OFCOM.

12 April 2013

Dear Mr ********

Thank you for contacting Ofcom on 11 April 2013 about your complaint against T-Mobile.


I understand you are unhappy that T-Mobile is increasing their prices higher than the RPI increase and they will not let you cancel without penalty. I would like to thank you for making us aware of your experience. We make a record of all complaints we receive for our monitoring purposes. If we notice a rise in similar complaints against the same provider, we may take the issue further.



I am aware you have already complained to T-Mobile directly about this and it was the correct action for you to take. As you feel you should be released without penalty, you may wish to consider take this through T-Mobile’s complaints process found at: http://help.ee.co.uk/system/selfservice.controller?CONFIGURATION=1016&PARTITION_ID=1&secureFlag=false&TIMEZONE_OFFSET=&CMD=VIEW_ARTICLE&USERTYPE=1&ARTICLE_ID=539102#.



If you exhaust this process, or if your complaint has been ongoing for over 8 weeks, you may be able to take your complaint to an Alternative Dispute Resolution (ADR) scheme. An ADR scheme is an important piece of consumer protection as they are free and independent for consumers like you. T-Mobile must abide by their decision but if you remain unhappy you are free to consider legal action

T-Mobile’s ADR scheme is CISAS (Communications & Internet Services Adjudication Scheme). CISAS can be contacted at:

CISAS
International Dispute Resolution Centre
70 Fleet Street
London
EC4Y 1EU

Phone: 020 7520 3814
Email: info@cisas.org.uk


Finally, you many be interested to know that we recently opened a consultation on mid-contract price rises which closed on 14 March 2013. More information on this can be found at: http://media.ofcom.org.uk/2013/01/03/ofcom-sets-out-proposals-to-tackle-mid-contract-price-rises/. We will now consider all responses received and will publish our proposals accordingly.



I hope the above is useful.



Yours sincerely

Kirby Sharpe
Consumer Contact Team

Key point of this email is EVERYONE needs to fill in that form, it only takes 5 minutes!

tsandcs

powerful_Rogue wrote: »

How did you and others prove material detriment to Vodafone? What was the change Vodafone implemented?

The change was a price increase, below rpi, and it wasn't that I could prove material detriment in the end it was that vodafone couldn't prove that it wasn't of material detriment, it got messy, I'm not allowed to post links but if you google vodafone sneaky ninja hedgehog you should find a site with a few people who cancelled

also the cancellation charge for tmobile was actually in excess of £500 but for some reason they only wanted £211 to start making calls, as far as I'm concerned I've followed their t&cs, including cancelling over the phone, they haven't got a leg to stand on

tsandcs

And yes my payments are upto date

Guys_Dad

daveuk1 wrote: »

In practice, PACs are not usually issued until outstanding amounts are settled so this situation shouldn't arise. Even if it did, you ought to have the opportunity to resolve via CISAS or the ICO before too much damage is done to your credit file. It would be a particularly bloody-minded company that chose to trash your credit file knowing that they were going to end up having to justify themselves to the regulator.

You are a little misinformed about both points.

I left Orange early to go to Ovivo a couple of weeks ago. Rang up, asked for my PAC code, they gave it to me, telling me that I would have to pay off remaining contract. As it was only a month, I was quite happy.

No business sets out to trash a credit file. What happens is every month all businesses update the credit agencies with the record for their customers who have some form of credit with them - mobile networks, gas, electric, HP companies, mortgage lenders etc, etc. If your account is outstanding, that is what is recorded as a matter of fact, just as it is if it is up to date. So it is not an act of vindictiveness or bloody mindedness to inform the credit agencies, just an automatic process.