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Tmobile price increase

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Comments

  • daveuk1
    daveuk1 Posts: 79 Forumite
    Jolly good. Seems OFCOM have clamped down then, which is a boon for us all. This issue does seem to have been rendered moot by RandomCurve's post above usefully highlighting the genuine dispute clause.

    The bottom line is that if T-Mobile want to start issue PACs, then charging people ETFs and reporting outstanding to credit referencing agencies, it is bound to end very badly for them. That would be a clear, actionable breach of contract, assuming you complied with their termination provisions.
  • gjchester
    gjchester Posts: 5,741 Forumite
    daveuk1 wrote: »
    The bottom line is that if T-Mobile want to start issue PACs, then charging people ETFs and reporting outstanding to credit referencing agencies, it is bound to end very badly for them. That would be a clear, actionable breach of contract, assuming you complied with their termination provisions.

    If you request a PAC, TM have to issue one, if you use it there may be ETF's due. That's nothing to do with this dispute.

    Can you cancel over the amount of the rise is another thing, but if you get / using a PAC before this is clarified, or if you have not given them notice that they are in breech of contract is a different matter and may put yourself in a worse position.

    You need to be very clear this cancellation is over the rise, and just asking for a PAC and using it may not be enough.
  • timbouk
    timbouk Posts: 245 Forumite
    Don't forget this could all change Tuesday when last months figures are released here:http://www.ons.gov.uk/ons/rel/cpi/consumer-price-indices/february-2013/stb---consumer-price-indices---february-2013.html#tab-Retail-Prices-Index--RPI--and-RPIJ-

    If it goes back up from the 3.2% in February to 3.3% or above then they could easily argue the fact that the T&C's state "from the previous Month", yet if it stays at 3.2% or goes down lower then we have a bigger argument because we are currently referencing the previous month to that specified!
  • I have just come off the phone to a manager, who called me back on schedule.

    His argument was soley based on the fact that their information says that the RPI is 3.3%, and not 3.2%.

    He did try to get me to say that I was cancelling due to the price increase, which I avoided saying, I stuck top the fact that I was cancelling because they are in breach of contract.

    He couldn't do anymore for me and asked me to write a letter to this address:

    Customer Admin Tea,
    Doxford Contact Centre
    6 Camberwell Way
    Doxford Technology Park
    Doxford
    Sunderland
    Tyne & Wear
    SR3 3XN

    This is different from the addresses listed in the posts before mine.
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    Well done for sticking to the issue with the manager. As for the address I would write to the address they gave you - saying that you have used the addressed as advised, but to be safe also copy in the "Company Secretary at T-Mobile, Hatfield Business Park, Hertfordshire, AL10 9BW", as this the their registered office and by law this is where you are entitled to serve notices.
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    timbouk wrote: »
    Don't forget this could all change Tuesday when last months figures are released here:

    If it goes back up from the 3.2% in February to 3.3% or above then they could easily argue the fact that the T&C's state "from the previous Month", yet if it stays at 3.2% or goes down lower then we have a bigger argument because we are currently referencing the previous month to that specified!


    This would be an interesting situation to say the least.

    I would argue that they should have cancelled my contract for breach of contract last week as I had requested as at the time they were in breach (guess what - they didn't - so now into Dispute clause!), and therefore as I don't have a contract with them the rise can't apply to me. If you have not already requested cancellation for Breach of contract it may be more tricky, but I would try looking for their press releases in March that said 3.3% which clearly shows they mean January! - But I'm not sure how that would play out.

    As a note of caution - if the RPI for March is less than Februarys 3.2% don't try and compare the two when contacting T-Mobile, as they will tie you up in knots - the only relevant fact is that the rise they are imposing is HIGHER (by how much is irrelevant).
  • d123
    d123 Posts: 8,690 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I can't believe the idiocy of T-Mobile EE with regard this increase.

    Their newest reply to someone, they have just decided to make up facts to match their point of view.
    I am sorry you are unhappy with the recent price increase. As a company we are committed to offering the best value for service which is why we have kept the increase to a minimum. The increase is a result of the rising costs to our business and is in line with the Retail Price Index (RPI), which is a measure of inflation.

    We are obliged, as are all UK operators, to abide by condition 9.6 of the Ofcom/EU Framework for EU regulations. This conditions sets out what we must do if a change is of material detriment to a customer, which is to provide 30 days notice and allow a customer to end their agreement free of charge. When the changes are not of material detriment the customer does not have the right to end their agreement.

    The increase is in line with the Terms and Conditions of your contract
    specifically clause 7.2.3.3 therefore, should you wish to close the account early you would remain liable for the line rental charges to the end of the contract. Please note as the Price Increase is a business decision and as such falls outside the scope of the arbitration scheme therefore you are free to seek external advice.

    Please be assured our customers views are important to us and your comments are fully acknowledged.

    Yours sincerely

    Victoria Hunt
    Executive Office EE
    ====
  • powerful_Rogue
    powerful_Rogue Posts: 8,008 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    d123 wrote: »
    I can't believe the idiocy of T-Mobile EE with regard this increase.

    Their newest reply to someone, they have just decided to make up facts to match their point of view.

    That could be me if you saw that on the WhatMobile thread :D

    I was really annoyed that they ignored everything in my letter! Tried to get in touch with Victoria Hunt but kept getting passed from one department to another in a very large circle.
    In the end spoke to someone and he said he had received a lot of these calls. I asked him for a deadlock letter as T-Mobile are ignoring my complaint and he gave me an email address for their legal team to write to.
  • timbouk
    timbouk Posts: 245 Forumite
    OK. March official figure has been released. 3.3%. I'd honestly say case closed.
    http://www.ons.gov.uk/ons/rel/cpi/consumer-price-indices/march-2013/stb---consumer-price-indices---march-2013.html
  • d123
    d123 Posts: 8,690 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    timbouk wrote: »
    OK. March official figure has been released. 3.3%. I'd honestly say case closed.
    http://www.ons.gov.uk/ons/rel/cpi/consumer-price-indices/march-2013/stb---consumer-price-indices---march-2013.html

    Why would you think that? If T-Mobile had announced the increase today they would have been allowed to increase by 3.3%. They announced it last month, so last months RPI is the only one that matters.

    Remember
    Quote:
    7.2.3.3. The change that We gave You Written Notice of in point 7.1.4 is an increase in Your Price Plan Charge (as a percentage) higher than any increase in the Retail Price Index (also calculated as a percentage) for the 12 months before the month in which We send You Written Notice and You give Us notice to immediately cancel this Agreement before the change takes effect
    ====
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