Tmobile price increase

ruflonger

Chimper wrote: »

How is it possible for the termination amount to increase, it can only go down the nearer you are to the end of contract. Make an official complaint and if they can't clearly explain take it to CISAS

Decided to try http://www.moneyclaim.gov.uk which seems to be the HM Courts & Tribunals Service Internet based start to the small claims court. You need to provide short statement to maximum 1080 characters of what you are claiming for and why which I don't think I can condense the saga into so I am not sure if this is the right route go. If anyone has gone through this process or can provide any advice I would be grateful.

ruflonger

Feeling a bit out of my depth as I have never been down this route before. so any advice gratefully received. My First attempt with in the 1080 character limit Just - Under the terms and conditions of T-Mobiles pre-October 2012 contact Version 58A Section 7.2.3.3 states 'any 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.' The price increase of 3.3% notified by T-Mobile on 6 April 2013 was in excess of the most recent RPI figure of 3.2% published on 19 March 2013. T-Mobile refused my right under their terms and conditions to terminate my contract without charge I am therefore claiming £***.** for the final bill on received on July ** 2013, £**.** for the payment of bills since the request to immediately terminate the mobile phone contract on April 10, 2013, and £*.** for the two letters sent recorded notifying T-Mobile of my request to terminate the contract.

Should I add that I tried arbitration but CISAS did not find in my favour but has subsequently found in favour of others ?

ruflonger

stoney73 wrote: »

I'm going to take this to the SCC, I'm just a bit uncertain on how to do it? and what am I claiming? Am I claiming an amount equal to what would cancel my contracts, or just for the termination of my contract?

http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim/

Any help would be greatly appreciated.

I have decide to go down the SCC route I have terminated my contract and will claim the final bill amount.

tsandcs

did anyone have this in their defense from Tmobile?

DEFENCE



1. The Respondent submits that the issue at the heart of the Claimant’s Claim relates



to a business decision taken by the Respondent to increase its prices.



2. Rule 2(g) of the CISAS Scheme Rules (“the Rules”) provides that the CISAS



Scheme (“the Scheme”) can be used to settle disputes about



i) bills and/or;



ii) communication services provided to the Respondent’s customers.



3. Rule 2(j) of the Rules provides that the dispute must not involve a complicated



issue of law.



4. The Respondent submits that the cause of action pleaded by the Claimant is



neither directly related to bills or communication services and therefore represents



a dispute which falls outside the remit of Rule 2(g) and therefore is a matter which



is not within the jurisdiction of the Scheme



5. Further the dispute, as pleaded, necessitates the consideration of the legal



interpretation of clauses contained within the service agreement entered into



between the Claimant and Respondent, applied as against facts, to ascertain



whether a legal right of termination exists. The Respondent submits that such



issues of legal interpretation and consideration requires evaluation and application



of areas of law concerning contractual interpretation which are by their very nature



complex and complicated.



6. Therefore, the Respondent respectfully submits that the Claimant’s claim as



pleaded cannot be dealt with under the Scheme and that pursuant to the Rules an



adjudicator is not therefore able to consider the Claimant’s claim.




I've also learnt that I had been referring to the wrong terms the whole time, I have been referring to the terms they provided me with.

If anyone did receive this in defense what did you reply?

thanks

RandomCurve

tsandcs wrote: »

did anyone have this in their defense from Tmobile?

DEFENCE



1. The Respondent submits that the issue at the heart of the Claimant’s Claim relates

to a business decision taken by the Respondent to increase its prices......

.....adjudicator is not therefore able to consider the Claimant’s claim.

thanks

I had the same first six paragraphs - I think we all have- it is another T-Mobile device to put pressure on the adjudicator. I think you are probably okay to ignore referring to it, but I did not take a chance and below was my response to that defence (only sent yesterday so I can't comment if it is a good defence or not).

T-Mobiles defence points 1 - 6

In my claim (preamble) I recognised (without prejudice) that clause 7.1.4 does allow T-Mobile to apply mid-term price increase, however that ability is subject to strict conditions and this claim is in regards to how the price rise has been applied and T-mobiles breach of contract for not complying with clause 7.2.3.3 (penalty free cancellation). It is not in regards to a business decision to increase prices.



There are no complex issues of law involved in this case it is a simple matter of understanding the difference between the words “Before” and “After”.



As the above is clearly connected with the amount billed for the provision of Telecommunications services it does fall within CISAS’s remit.

RandomCurve

tsandcs wrote: »

I've also learnt that I had been referring to the wrong terms the whole time, I have been referring to the terms they provided me with.

If anyone did receive this in defense what did you reply?

thanks

Be careful - TM tried to claim I was on a different set of T&Cs to the one I am on. What date did your contract start and what T&Cs are TM claiming you are on?

tsandcs

started 1st october so im pre
I have based everything on post

RandomCurve

tsandcs wrote: »

started 1st october so im pre
I have based everything on post

Whoops.

But all is not lost. Now you have received TMs defence you can submit new evidence - the only thing is it will then give T-Mobile another 2 weeks to respond, but that should be okay - better to wait a couple of weeks and fight the right case than get a "lost decision" 2 weeks early!!!

Presumably T-Mobile have put a defence together based on the V58 T&Cs i.e. they have sent a defence against an "assumed" V58 claim, that assumes you have argued the correct T&Cs. You can send the defence to me at [EMAIL="eerandomcurve@gmail.com"]eerandomcurve@gmail.com[/EMAIL] if you like and I can have a look through - I suspect it is identical to the defence they sent to me.

Also did you say in an earlier post that they charged you for a PAC code which you had only requested on a penalty free basis? If so did you put in a LARGE claim for breach of the Unsolicited Goods and Service Act 1971? if not I'm not sure if you can up the amount being claimed when submitting new evidence, but it is worth a try!

tsandcs

I'll forward you it, as for claiming for the PAC code I never bothered, thought it would be an easier victory without

tsandcs

sorry randomcurve but could you save me looking through the thread, where you pre or post?