Tmobile price increase

xkpa

Hi mates, I am following this thread with interest, because I am T-mobile customer from July 2012 with 2 years contract. I found out about that price increase from my monthly bill, i never received a letter from them nor SMS, because I am using the phone with different mobile operator and the T-mobile sim card is switched off. So because of that I wasn't aware of the price increase and didn't sent 30 day cancellation notice before 9th of May. What do you think - do I have a chance to cancel my contract with T-mobile? And what are the steps, contact T-mobile few times, then if they didn't respond, file a claim at CISAS? Cheers

anna2007

xkpa wrote: »

Hi mates, I am following this thread with interest, because I am T-mobile customer from July 2012 with 2 years contract. I found out about that price increase from my monthly bill, i never received a letter from them nor SMS, because I am using the phone with different mobile operator and the T-mobile sim card is switched off. So because of that I wasn't aware of the price increase and didn't sent 30 day cancellation notice before 9th of May. What do you think - do I have a chance to cancel my contract with T-mobile? And what are the steps, contact T-mobile few times, then if they didn't respond, file a claim at CISAS? Cheers

Can't say for sure, but I'd have thought if you didn't query the price rise at the time you received your May bill 6-7 weeks ago, this wouldn't help your case?

The grounds for complaint would obviously be different (not clause 7.2.3.3, possibly 7.1.4 re 30 days' notice TM are required to give you), or that they failed in their duty of care.

However, how would you prove that you didn't receive notice? TM may have a record from the print run showing your account was included (or at the very least a record on your customer account showing notice/SMS sent).

Have you checked the TM sim card to see if an SMS was sent?

IanR2012

xkpa wrote: »

Hi mates, I am following this thread with interest, because I am T-mobile customer from July 2012 with 2 years contract. I found out about that price increase from my monthly bill, i never received a letter from them nor SMS, because I am using the phone with different mobile operator and the T-mobile sim card is switched off. So because of that I wasn't aware of the price increase and didn't sent 30 day cancellation notice before 9th of May. What do you think - do I have a chance to cancel my contract with T-mobile? And what are the steps, contact T-mobile few times, then if they didn't respond, file a claim at CISAS? Cheers

I would believe you have a case for them not providing you 30 days written notice of a price increase and have therefore breached their T&C's which should allow you to cancel if you wish. But I can imagine you will meet with some resistance.

My written notice does have a unique reference number so when you call them the first time I'd ask them to provide you with that reference number to see if they have a record of it.

Interestingly they informed me that T-Mobile keep no record of the written notices sent out. They made a mistake on mine, actually detailing a price reduction, but didn't have a copy of it on file so needed me to take it to a T-Mobile store for them to see it.

I'd call CS, inform them that they haven't provided you with 30 days written notice as per T&C's. Request to cancel without charge as that is a Breach of the T&C's, which they will deny you that right. Argue with them for 8 weeks and then refer the complaint to CISAS to see what they think.

IanR2012

anna2007 wrote: »

Have you checked the TM sim card to see if an SMS was sent?

I can't imagine an SMS would constitute written notice.

On the 2nd complaint I have running for the post-Oct contract only an SMS was received, no letter.

T-Mobile have stated that a letter was sent between March 28th and April 7th but it wasn't delivered. Odd that they could not be more specific and I assumed they were making it up. However, since it is a post-Oct contract I didn't bother arguing the lack of 30 days written notice any further.

peterod1

I have also been following the thread and have filed a claim with CICAS for breach of contract, early days yet but still hopeful.

But I have been thinking about the people that have raised a claim and lost, is there any grounds for submitting another claim on the grounds that 30 days notice wasn't given as the price rise came into effect on the 9th May and the "current" RPI rate was published on the 16th April? Seems to me that T-Mobile can't have it both ways.

Just a thought.

anna2007

IanR2012 wrote: »

I can't imagine an SMS would constitute written notice.

It's in both sets of t&cs, under section 1 Definitions:
"‘Written Notice’ sending You either: (1) an electronic message to Your

SIM Card which may contain a cross reference to Our website for further

information; or (2) a letter to Your postal address; or (3) an email to the

email address that You have registered with Us. Each will tell You that a

change is going to happen and what that change is. Our website, letter

or email will contain an explanation of why the change is happening and

provide You with any relevant before and after information. For changes

to Additional Services that are Content accessed through the Portal,

unless We send You anything, by stating clearly on the Portal what

change will be made to Content available there".

anna2007

peterod1 wrote: »

I have also been following the thread and have filed a claim with CICAS for breach of contract, early days yet but still hopeful.

But I have been thinking about the people that have raised a claim and lost, is there any grounds for submitting another claim on the grounds that 30 days notice wasn't given as the price rise came into effect on the 9th May and the "current" RPI rate was published on the 16th April? Seems to me that T-Mobile can't have it both ways.

Just a thought.

It's true, they shouldn't be able to have their cake and eat it, however I think it was daveuk1 pointed out that TM have still given customers 30 days' notice of the 3.3% price increase - the fact that we couldn't check the 3.3% until 16 April doesn't change that

IanR2012

anna2007 wrote: »

It's in both sets of t&cs, under section 1 Definitions:

I really should read those T&C's now that I have them.

Chimper

xkpa wrote: »

I found out about that price increase from my monthly bill, i never received a letter from them nor SMS, because I am using the phone with different mobile operator and the T-mobile sim card is switched off.

I seem to remember that if an SMS is not delivered within a specific time then it's removed from the system. However as this timeout is controlled by the provider then I would imagine T-Mobile could override it. Their system should show if a text had been sent, and possibly if it had been received.

Delivery of text messages can't be guaranteed. T-Mobile would only have control over it if you are in the UK. If you were roaming abroad then I doubt they'd know if it was delivered or no.

If you're not using the SIM then that would show in their records.

Chimper

anna2007 wrote: »

It's true, they shouldn't be able to have their cake and eat it, however I think it was daveuk1 pointed out that TM have still given customers 30 days' notice of the 3.3% price increase - the fact that we couldn't check the 3.3% until 16 April doesn't change that

I think this is another ambiguous point. In their defence T-Mobile remarked that a customer would still have "sufficient time" to see if they could cancel, by waiting until 16 April. Of course sufficient time doesn't equate to the 30 days you should have to decide