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Tmobile price increase

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Comments

  • timbouk
    timbouk Posts: 245 Forumite
    There are two different versions of the T&C’s depending of the date you joined. See this link http://www.t-mobile.co.uk/shop/terms-and-conditions/terms/ , then select the “Terms of Service Tab” tab.


    If you joined before the 30th October 2012 – PDF link http://e-gain.s3.amazonaws.com/external/content/T-Mobile/Accounts/Terms%20of%20service%20for%20pay%20monthly%20customers%20joining%20before%2030%20October%202012.pdf



    Save this PDF locally. File, properties gives PDF created on 25/02/2013 at 11:50:25

    Original Document was “Microsoft Word - T-Mobile PAYM terms - Online Version 8.06.12 _original_.doc”

    Authors name “Miles-Work”

    !

    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.

    !

    !

    If you joined after 30th October 2012 - http://e-gain.s3.amazonaws.com/external/content/T-Mobile/Accounts/Current%20terms%20of%20service%20for%20pay%20monthly%20customers%20joining%20on%20or%20after%2030%20October%202012.pdf

    !

    Save this file locally, then file properties gives PDF created on 05/11/2012 at 14:59:33.

    !

    Original Document was “Microsoft Word - T-Mobile Pay monthly Terms v59.doc”

    Authors Name “mhipkin”

    7.2.3.3. The change that We gave You Written Notice of in

    point 7.1.4 is:

    (i) an increase in Your Price Plan

    Charge (as a percentage) higher than any

    increase in the retail price index (also calculated

    as a percentage) or any other statistical measure of inflation published by any

    government body authorised to publish measures of inflation from time to time, and

    published on a date as close as reasonably possible before the date on which We send

    You Written Notice; and

    (ii) You give Us notice to immediately cancel this Agreement before the change takes

    effect.

    !

    So firstly I would say they edited the T&C’s for older customers only a few weeks ago. The guy doing these T&Cs is called Miles Hipkin.

    !

    Newer customers could clearly argue that RPI is now outdated and CPI could be used (which is lower than RPI!)

    Also newer customers note that the published data must be BEFORE the date they send the letter.
  • Timbouk - many thanks. I upgraded on 6th October 2012. I take it that this substantiates my breach of contract claim?

    Adam
  • d123
    d123 Posts: 8,679 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Timbouk - many thanks. I upgraded on 6th October 2012. I take it that this substantiates my breach of contract claim?

    Adam

    It does, yes.

    You would be on the first set of T&Cs if you write and want to quote it.
    ====
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    edited 17 April 2013 at 9:30PM
    [QUOTE=


    If you joined after 30th October 2012 - Link Removed - Newbies can't link :(

    !

    Original Document was “Microsoft Word - T-Mobile Pay monthly Terms v59.doc”

    Authors Name “mhipkin”

    7.2.3.3. The change that We gave You Written Notice of in

    point 7.1.4 is:

    (i) an increase in Your Price Plan

    Charge (as a percentage) higher than any

    increase in the retail price index (also calculated

    as a percentage) or any other statistical measure of inflation published by any

    government body authorised to publish measures of inflation from time to time, and

    published on a date as close as reasonably possible before the date on which We send

    You Written Notice; and

    (ii) You give Us notice to immediately cancel this Agreement before the change takes

    effect.


    Newer customers could clearly argue that RPI is now outdated and CPI could be used (which is lower than RPI!)

    Also newer customers note that the published data must be BEFORE the date they send the letter.[/QUOTE]


    I think the best thing to argue for newer customers is the part highlighted in red. That is a no brainer and a clear breach of contract, the other comment re CPI would be difficult as the contract appears to give T-Mobile the right to choose the index - not the lowly customer!!!

    Thanks for finding these T&Cs they are totally different from the ones I had, as a customer since December 2012 it puts me in a real strong position re cancellation :T

    I read somewhere that a company has to provide you with a copy of your T&Cs - and if they can't then they can not enforce the contract against you - may be worth asking T-Mobile to send you a copy because:
    A - it will cost them money :)
    B - They may be stupid enough to send (pre Oct 12) customers the revised terms - which is as clear a breach as there can be re using 3.3% instead of 3.2% (although they do say the law is an "Donkey").
  • timbouk
    timbouk Posts: 245 Forumite
    Hmmm, after reading those T&Cs so many times I've just noticed a belter!

    "an increase in your plan higher than any INCREASE in RPI"

    It does not say "an increase in your plan higher than the current 12 month average RPI"

    Therefore February RPI was 3.2%, March RPI was 3.3%, an INCREASE of 0.1%

    T-Mobile would argue that the latter was what they meant; but surely the Terms we all agreed to are the ones in writing?
  • timbouk
    timbouk Posts: 245 Forumite
    Thanks for finding these T&Cs they are totally different from the ones I had, as a customer since December 2012 it puts me in a real strong position re cancellation :T

    Where did you get your T&Cs? What date/version?
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    edited 18 April 2013 at 7:50AM
    timbouk wrote: »
    Where did you get your T&Cs? What date/version?


    I was using T&Cs as per my post at 6:40pm yesterday; but I prefer the ones you found.

    I've logged onto my account in T-Mobile account and (for some strange totally unconnected reason I'm sure) the link to my T&Cs takes me to a page that says "an Android Bot has temporally gobble up that page"

    How low can T-Mobile stoop?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I have to say that the T-Mobile web site obfuscates the T&C relating to cancelling under these situations to a wonderful degree.

    Looking for T-Mobile pay monthly t&c with the contract terms on their web site is hardly easy.
  • anna2007
    anna2007 Posts: 1,182 Forumite
    Try:
    www dot t-mobile dot co dot uk/shop/terms-and-conditions/terms

    Can't post a direct link, but both sets of T&C's are there
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Twinkle - I take it then that they also stated in your email that they received the email on the 16th April? I sent the email on the 11th and was instantly suspicious when they stated this date because of the release of March's RPI figure of 3.3% yesterday. I know that by the letter of the law we are right in the case we are putting to them but I was curious as to whether this was going to form a basis of their argument going forward

    Yes - but I did actually email them on 16th April !!
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