Tmobile price increase

stoney73

RandomCurve wrote: »

I'd like to see that letter - but as I'm not a member of that forum I don't have access to the attachment - can you post it here?

Also I have created 2 cancellation template letters - 1 for pre and 1 for post Oct 2012 contract terms - am I allowed to post them up as templates??? -but would prefer to see the letter above first.

If you aren't allowed to post the letters in the thread, could you pm them to me? Not sure which one I should try though as I was already a T-Mobile customer before october, but I upgraded on the 19th October '12.

Would be much obliged

powerful_Rogue

RandomCurve wrote: »

Thanks both - our posts crossed in the ether.

Do you know if I'm allowed to post template letters (I'm not legally trained and can take no responsibility for them)

Cant see no harm in it. I posted one in this thread a while back and im not legally trained either! Upto the member if they want to use it

tsandcs

Guys_Dad wrote: »

To settle the discrepancy about the date, check back on this forum to see what month's RPI figures were used in the last T-Mobile price rise. If it was Feb's last year, then it will be the same this year.

In any event, there is no way that they could know what March's RPI figures were in advance of them being published. No court would accept that. Would they then have cancelled the increase if March RPI was 3.25% ? Nonsense!

So does this mean we could argue that Orange customers would be able to cancel, as they are a month ahead, so the RPI actually went down between when they got their letter and the rise took place? I have also received a similar letter :rotfl: any advise what to do next? oh yeah if anyone's interested my phone is still cut off, I have made other arrangements

anna2007

RandomCurve wrote: »

I don't think contract law allows you to guess the future

I'm now hoping it goes as far as court, keen to see the crystal ball/time machine/psychic employee they use to prove that they can accurately predict a future government statistic!

I spoke to a nice lady from the ONS earlier today (I emailed them yesterday to ask if they could give a technical viewpoint on the various interpretations of what the relevant RPI rate might be). When we talked about the RPI rate just released (I think she was a little puzzled I'd even asked about this one, given that the letters went out at the start of April) she confirmed that no-one would have knowledge of this rate before it was published, and commented that even the ONS staff themselves don't know until a few days before publication date.

I'm still a little bit shocked (though pleased, obviously!) that their legal team are taking them down this route, I honestly thought they were going to claim that they could choose any RPI rate in the previous 12 months, seems way more sensible than dabbling with what the future might hold!

anna2007

Also, I don't like the fact that they've stated in the email (for both sets of T&C's):

"This means that customers wishing to end their contract with us, in accordance with clause 7.2.3.3, will not have the right to leave without providing us with 30 days notice or paying the cancellation charge that may apply".

This is a complete nonsense - clause 7.1.4 requires them to give us 30 days' notice - we're only required to give notice to immediately cancel before the change takes effect.

RandomCurve

Below is a template for those who have not as yet contacted T-Mobile to cancel their contract it refers to the Pre October 2012 T&Cs (don't why but spaces seem to disappear when I copy and paste)
Anyone one with cold feet about entering in to a "Genuine Dispute" and withholding payment could put in a softer option of "I will continue to pay my bills as they fall due, however all payments from the date that the contract should have been terminated will form part of my claim against T-Mobile"

Please note I have no legal training - Just a really annoyed (soon to be ex) customer; so you use these templates at your own risk.

Good Luck!!

YOUR

ADDRESS

CustomerRelations

T-Mobile

HatfieldBusiness Park

Hertfordshire

AL10 9BW



DATE (must do this BEFORE 9th MAY!!!)



Phone Number 07xxxxxxxxx ContractNumber xxxxxxxxx



Dear Sir,



Notice to Terminate Contract – WithoutPenalty



Iam writing to exercise my expressed right (Clause 2 c iii to cancel mycontract without penalty as T-Mobile are in breach of clause 2 ciii B followingyour written notice to increase charges in excess of the increase in the RPIfor the12 months before the month in which you send me notice of theincrease.



Yourletter of April 2013 (received 6th April) informs me of an increaseto my contract of 3.3%, which T-Mobile Customer Services staff have beeninforming customers relates to the January RPI, however as the letter is datedApril 2013 then 12 months before the month of the date of the letter would (Iassume) be February (as March data is not published until 16th April)– when the RPI was 3.2% (Source www.ons.gov.uk - File ConsumerInflation Reference Tables February 2013 (Excel spread sheet 1219kb) - Table 37“RPI: All items:12 month %age change 1948-2013” - cell ref F74). As the MarchRPI data did not exist at the time of writing T-Mobile could not possibly bereferring to March RPI, as the letter states “…(RPI) which is CURRENTLYat 3.3%.......”. Further T-Mobile was announcing a 3.3% price increase in thepress as early as 1st March 2013 (47 days BEFORE the data waspublished)!



Asper clause 7a of our contract the contract should be terminated immediately andyou should refund any prepaid credit. Please notify me of the date oftermination (“immediate” is not defined in the contract, however withoutprejudice to my right to cancel I am prepared to agree “immediate” as within 2working days from the date this letter is signed for by T-mobile - inclusive ofthe date this letter was signed for or if not signed for within 4 working days of my proof of posting). Youshould also provide a PAC code and any necessary unlock codes to enable me to takethe mobile telephone and number to another mobile network.



Forthe avoidance of doubt by terminating this contract T-Mobile agrees this iswithout penalty as per the contract and agrees to provide useable Unlock andPAC codes, further if the contract is not terminated within the timeframestated above I will be in GENUINE DISPUTE with T-Mobile as per terms 4 c ii A& B of the contract, and as such I will exercise my contractual right to withholdall further payments (£XX.XXpm)until the dispute is settled. For the avoidance of doubt should the dispute besettled in T-Mobiles favour I will pay all sums due on the contract. I willleave the Direct Debit open, but T-Mobile are not authorised to use ituntil the dispute is resolved, if T-Mobile take sums out of my account inbreach of clause 4 cii A & B I will reclaim the sums taken under the directdebit guarantee scheme. In addition as we are in a GENUINE DISPUTE T-Mobileshould not seek further monthly payments from me nor take any action that maydamage my credit history – if T-Mobile (or persons acting on T-mobilesinstructions) take any such actions I will seek legal redress through thecourts for you to both repair my credit history AND for compensation.



I look forward to receiving my PAC and Unlock codes shortly.





Regards









YOUR NAME



Note letter also emailed to:

[EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]

[EMAIL="Info@cisas.org.uk"]Info@cisas.org.uk[/EMAIL]

RandomCurve

Below is a template for those who have not as yet contacted T-Mobile to cancel their contract it refers to the Post October 2012 T&Cs (don't why but spaces seem to disappear when I copy and paste)
Anyone one with cold feet about entering in to a "Genuine Dispute" and withholding payment could put in a softer option of "I will continue to pay my bills as they fall due, however all payments from the date that the contract should have been terminated will form part of my claim against T-Mobile"

Please note I have no legal training - Just a really annoyed (soon to be ex) customer; so you use these templates at your own risk.

Good Luck.

YOUR

ADDRESS

CustomerRelations

T-Mobile

HatfieldBusiness Park

Hertfordshire

AL10 9BW



DATE (must do this BEFORE 9th MAY!!!)



Phone Number 07xxxxxxxxx ContractNumber xxxxxxxxx



Dear Sir,



Notice to Terminate Contract – WithoutPenalty



Iam writing to exercise my right to cancel my contract without penalty asT-Mobile is in Breach of clause 7.1.4 (i). I have written to the address aboveas opposed to calling the 150 number as:

· Customerservices representatives on the 150 number have been informing customers thatNO ONE is available at the 150 number who has the authority to cancel acontract without penalty, and neither is there anyone they can transfer thecall to who does have such authority; and

· Theaddress is your registered office and as such I am entitled to serve legalnotices to this address.



Clause7.1.4 (i) gives T-Mobile the right to apply a price increase no greater thanthe RPI

“published on a date asclose as reasonably possible before the date on which We send You WrittenNotice” [End quote]. Your letter dated April (received April 6th)informs me of an increase to my contract of 3.3%, which T-Mobile CustomerServices staff have been informing customers relates to the January RPI,however the latest published figure at that time was the February RPI at 3.2%(Published 19th March) (Sourcewww.ons.gov.uk - File ConsumerInflation Reference Tables February 2013 (Excel spread sheet 1219kb) - Table 37“RPI: All items:12 month %age change 1948-2013” - cell ref F74). This data wasavailable within a reasonable time frame for T-Mobile (and any efficientcompany) to be able to incorporate it into a pre-defined standard “mail merge”letter, and therefore 3.2% is the maximum price increase that T-Mobile werecontractual allowed to impose. Any RPI published AFTER The letter was received (eg March RPI published on April 16th) would clearly be a breach as the contract terms are RPI published BEFORE the date of notification.



Asper clause 7.2.3.2 of our contract the contract should be terminated immediatelyand you should refund any prepaid credit. Please notify me of the date oftermination (“immediate” is not defined in the contract, however withoutprejudice to my right to cancel I am prepared to agree “immediate” as within 2working days from the date this letter is signed for by T-Mobile - inclusive ofthe date this letter was signed for or if not signed for within 4 working daysof my proof of posting). You should also provide a PAC code and any necessaryunlock codes to enable me to take the mobile telephone and number to anothermobile network.



Forthe avoidance of doubt by terminating this contract T-Mobile agrees this iswithout penalty as per the contract and agrees to provide useable Unlock andPAC codes, further if the contract is not terminated within the timeframestated above I will be in GENUINE DISPUTE with T-Mobile as per terms 4.4.5.1 ofthe contract, and as such I will exercise my contractual right to withhold allfurther payments (£XX.XXpm)until the dispute is settled. For the avoidance of doubt should the dispute besettled in T-Mobiles favour I will pay all sums due on the contract. I willleave the Direct Debit open, but T-Mobile are not authorised to use ituntil the dispute is resolved, if T-Mobile take sums out of my account inbreach of 4.4.5.1 I will reclaim the sums taken under the direct debitguarantee scheme. In addition as we are in a GENUINE DISPUTE T-Mobile shouldnot seek further monthly payments from me nor take any action that may damagemy credit history – if T-Mobile (or persons acting on T-mobiles instructions)take any such actions I will seek legal redress through the courts for you toboth repair my credit history AND for compensation.



Ilook forward to receiving my PAC and Unlock codes shortly.





Regards









YOUR NAME



Noteletter also emailed to:

[EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]

[EMAIL="Info@cisas.org.uk"]Info@cisas.org.uk[/EMAIL]

RandomCurve

When I receive my letter from T-Mobile I'm not going to be able to resist closing the letter with the same paragraph as they have used in Anna2007 post (assuming they include it on mine).

"Although this may not be the outcome you were hoping for I trust this clarifies EE'S position on this matter ."

Yes - I will add a smiley.

EE - Everyone Elsewhere

vixmony

Just some feedback on my own situation. I have a contact with tmobile that is clearly affected. To be honest I am very happy with the service tmobile have offered me in terms with coverage so really didn't want to leave. I have a contract with them that runs until August next year, and they have agreed for me to have an early upgrade on the 10 of May 2013 when the price increase takes effect. It's going to be a free upgrade so can't complain, as will be moved to EE tariffs.

anna2007

boatman wrote: »

I agree with what has been said but it says:

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

Tmobile are increasing prices by 3.3% and this is higher than May, June, July, Aug, Sept, Oct, Nov, Dec 2012 and Feb 2013. T-mobiles price increase is higher than not just any, it is higher in actual fact than 7 of the 12 months in the previous year.
To my thinking the highest they can increase the prices now is 2.599% which is not higher than the lowest figure(Sept2012 2.6%) in the previous 12 months. If they meant for just the 12 month figure the month prior to their intended price increase I think they would need to replace the word 'any' with 'the'. i.e.

'an increase in Your Price Plan Charge (as a percentage) higher than the
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'

I think this would make more sense and is what was perhaps intended as it would allow a company to increase its prices but only to the lower limit of the price index figures. Also explains why they changed their t&c's to say the month closest to the change!!

Here is perhaps a better explanation(the lowest level of RPI in the prevailing 12-month period)
http://www.supplybusiness.com/previous-articles/spring-09/frankley-speaking/

Thanks for this, it makes real sense, I hadn't even thought of it in those terms (probably because it favours the consumer and you expect the opposite!).