Tmobile price increase

RandomCurve

The below is an email I received from TM on 22nd April telling me they have used March RPI despite the fact that my V59 contract (as they themselves have stated in the email) states it should be an RPI published BEFORE they write.

TM have told the "person" who may be able to help us all that I was given the wrong info in error and that mine is an isolated case - I should have been told they had used the January rate which was published BEFORE they wrote to me. I'm looking for "evidence" to find out if:
1. mine is an isolated error as TM are claiming or
2. if TM have been telling all V59 contract holders that they have used the March rate (which is what I thought has been happening).
The more responses I can get from you all the easier it will be to prove a case either way -thanks in advance for your responses.



Further to our conversation on the 18 April 2012, I am writing to confirm the following. The information below has been forwarded by our Legal Department.



Our Terms and Conditions give us the right to increase our price plan charges provided the increase is no higher than RPI and we provide customers with written notice of the change. Clause 7.2.3.3. of our terms state that we will use a statistical measure of RPI published on a date as close as reasonably possible before the date we provide our customers with written notice. We wrote to our customers between 02 April and 08 April 2013 informing them of the changes to their price plan charge. In accordance with our terms and conditions, the relevant measure of RPI should reflect an RPI figure published on a date as close as reasonably possible to the date we provide notice.

The Office of National Statistics published itsofficial rate of RPI for the period 1 April 2012 to 31 March 2013. The officialmeasure of RPI for this period is 3.3%. ......"

anna2007

RandomCurve wrote: »

The more responses I can get from you all the easier it will be to prove a case either way -thanks in advance for your responses.

The only v59 (other than my own) I can think of is Ian who was posting last weekend, you could try sending a PM?

Very few v59 customers on the forum, unfortunately

IanR2012

RandomCurve wrote: »

TM have told the "person" who may be able to help us all that I was given the wrong info in error and that mine is an isolated case - I should have been told they had used the January rate which was published BEFORE they wrote to me. I'm looking for "evidence" to find out if:
1. mine is an isolated error as TM are claiming or
2. if TM have been telling all V59 contract holders that they have used the March rate (which is what I thought has been happening

I got the same on my second (post-Oct) claim (CISAS Application sent Friday). TM Response from the Executive Office (VH) dated 05.06.2013

The written notice that was issued in early April 2013 was sent without knowledge of what the actual March RPI figure would be until published 16 April 2013, however this increase in charges is not an increase above the published month RPI figure of 3.3% and does not give the customer the right to cancel. This was a risk that we took as a business as to what figure would be published on 16 April 2013 but that was our risk to take as a business and does not give the customer the right to cancel. As a business we anticipated the RPI figure for March, if it had been lower than expected customer's would have been entitled to cancel their contracts but as this is not the case cancellation of your
contract without penalty is declined

merikiito

Just out of interest if you cancel you contract due to any mobile company breaching their terms and conditions do you get to keep the mobile phone they supplied considering its a free phone to start with?

adamoneill88

merikiito wrote: »

Just out of interest if you cancel you contract due to any mobile company breaching their terms and conditions do you get to keep the mobile phone they supplied considering its a free phone to start with?

Yes, the phone is an incentive to sign up to the contract. A free gift if you like.

Adam

merikiito

Ok another question, Virgin Mobile have just put there prices up and given me 14 days notice as per their contract. It states that they have to give one months notice if the increase will cause "material detriment". Considering I have 4 phones with them under my name (family members phones) my overall increase if going to quite a bit against a single user so would this be material detriment and therefore I can cancel my contract?

IanR2012

merikiito wrote: »

Ok another question, Virgin Mobile have just put there prices up and given me 14 days notice as per their contract. It states that they have to give one months notice if the increase will cause "material detriment". Considering I have 4 phones with them under my name (family members phones) my overall increase if going to quite a bit against a single user so would this be material detriment and therefore I can cancel my contract?

I haven't seen anyone post a successful outcome based upon material detriment.

I believe a price rise of not more than RPI would not be considered as Material Detriment.

powerful_Rogue

merikiito wrote: »

Ok another question, Virgin Mobile have just put there prices up and given me 14 days notice as per their contract. It states that they have to give one months notice if the increase will cause "material detriment". Considering I have 4 phones with them under my name (family members phones) my overall increase if going to quite a bit against a single user so would this be material detriment and therefore I can cancel my contract?

To prove material detriment is pretty difficult. You would have to put a case together showing incomings/outgoings and prove WHY the increase would cause material detriment.

Ive yet to see a contract cancelled due to material detriment.

merikiito

So if I was in an overdraft situation then by virginmobile increasing their bill I would be a worse situation than I am and therefore have material detriment. Any ideas if this phrase would work

arturbdg

Hi everyone,

I would like to thank you all for all the help and support. I have just received my decision from CISAS and it succeeded. Therefore company must terminate my contract back dated to 10 April 2013, waive all charges incurred after this date and provide me with a PAC code

Happy days. :beer: