Tmobile price increase

RandomCurve

Copy in Ofcom to all non compliance - [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL] .

She is their Consumer Protection Director and I have had lots of correspondence with her over TMs behaviour in this matter and I am still trying to get Ofcom to rule the whole TM price rise a sham and an abuse of consumer rights and to get Ofcom to require TM to give all consumers another opportunity to cancel their contracts.

Just CC her and ask her to add it to the evidence file she has against TM and EE.

Thanks

psilvester

Just a brief update.

Had my final bills come through from T-Mobile, all seemed correct, ETf's had been refunded and both bills showed accounts to be in credit.

Come deadline day of the 27th and no refunds were forthcoming.

30th August and I notice a credit to my account, they have refunded 1 of my accounts. Not sure why they didn't just do both.

I will give them to the end of the week then start the chasing up and emailing.

Trailing

Hi all,

I have been following this thread for a while but am only just posting as I have just received my CISAS settlement.

It has been rejected on the grounds that they won't deal with the RPI increase but it is correct due to T Mobile stating it reflects the rise over the last 12 months. Also due to I failed to inform T Mobile before the increase was applied, as explained many times I did not receive the notification but T Mobiles system says a letter was sent, so I feel I am being looked upon as a liar as in no way did I receive that letter. And also that it is of no material detriment. I emailed back explaining I have been off work sick for the last 5 months and am trying to move house and do not have room for any further increases in my bills. I just wanted to know if anyone thinks I would have a casse with a SCC as I can't risk losing the money if not. thank you

RandomCurve

Trailing wrote: »

Hi all,

I have been following this thread for a while but am only just posting as I have just received my CISAS settlement.

It has been rejected on the grounds that they won't deal with the RPI increase but it is correct due to T Mobile stating it reflects the rise over the last 12 months. Also due to I failed to inform T Mobile before the increase was applied, as explained many times I did not receive the notification but T Mobiles system says a letter was sent, so I feel I am being looked upon as a liar as in no way did I receive that letter. And also that it is of no material detriment. I emailed back explaining I have been off work sick for the last 5 months and am trying to move house and do not have room for any further increases in my bills. I just wanted to know if anyone thinks I would have a casse with a SCC as I can't risk losing the money if not. thank you

Sorry to hear that you lost your case.

Unfortunately (if I recall correctly) that if something is posted to you then you are deemed to have received it (someone correct me if I am wrong). That then means you have 2 choices - be honest like you were and say you never received it, or Lie about it and ask why T-Mobile never responded to your cancellation request which you posted on 10th April (or what ever date). Like you I would have gone down the honesty route!

Did you claim that the price rise clause was never brought to your attention at the point of sale (I assume it was not)? And do you have any sales documentation which summarises the order e.g.
200 minutes;
5,000 texts
1 GB of data
24 Months
£25pm
If so does that documentation state that the price is subject to a price variation clause? If not you may be able to win a case against TM via CISAS that the price rise is unenforceable (I won on a similar basis against Orange) See posts #166 onwards including a proforma email to send to TM

https://forums.moneysavingexpert.com/discussion/4517039

Trailing

Thank you for your reply. It wasn't mentioned at all during the point of sale, just a confirmation that it was £36 a month. Sadly though if I remember correctly, the T&Cs do state that there can be price increases but you can only cancel if there is no material detriment. I did confirm in my response to CISAS that it would be but there decision just said that I didn't state why so they can't act on it. It would have been nice if they contacted me to ask why as it does say they will if they need clarification on it but clearly they didn't want the clarification!

RandomCurve

Trailing wrote: »

Thank you for your reply. It wasn't mentioned at all during the point of sale, just a confirmation that it was £36 a month. Sadly though if I remember correctly, the T&Cs do state that there can be price increases but you can only cancel if there is no material detriment. I did confirm in my response to CISAS that it would be but there decision just said that I didn't state why so they can't act on it. It would have been nice if they contacted me to ask why as it does say they will if they need clarification on it but clearly they didn't want the clarification!

If you have that sales documentation then it does not matter that the T&Cs say they can increase the price, the Unfair Terms in Consumer Contracts Regulations (UTCCRs) say that to be enforceable the price variation clause has to be CLEARLY and ADEQUATELY drawn to your attention. That sales document you have proves that when the KEY POINTS of the contract were drawn to your attention the price variation clause was not!

Follow the link on my previous post to the Orange price rise forum.

The UTCCRs can be found here:
http://www.oft.gov.uk/business-advice/unfairterms/guidance/OFT311/Groups/

Trailing

That's brilliant to hear as in no way was that clause, or any clause pointed out! I have just sent this email back to t mobile

Dear Mr Darren Smith,

As I am compiling my evidence, I have since found out today that it does not matter that the T&Cs say you can increase the price, the Unfair Terms in Consumer Contracts Regulations (UTCCRs) say that to be enforceable the price variation clause has to be CLEARLY and ADEQUATELY drawn to your attention. My sales document shows that the £36 price tariff was circled by the sales person. This clause was not once pointed out to me, I just had verbal confirmation that it would be £36.

If you would like to act upon this before I take the matter to a small claims court then I am happy to do so, if not then I will proceed once I have finished preparing my evidence.

Thank you,

lukat

Hello everyone,
An update on my CISAS case.
T-Mobile was supposed to reply before or no later than 2nd of September.
Today, 3rd of September, I received an answer from Carmel Codd with a word document dated 2nd of September.

The document starts by misspelling the claimant's name (Me).

It then goes on and on for 10 pages. I guess it's just a repeat of what other members of this thread have received... But it's becoming quite complicated for me as english isn't my native language.

I wrote the first stage of the CISAS case by myself, focusing on two things:

-false advertising (unlimited not being unlimited because of speed caps/limitation to the service, and therefore T-Mobile not providing the service I pay for - see the Advertising Standards Authority's decision: http://www.theinquirer.net/inquirer/news/2262095/tmobile-gets-slapped-wrists-for-its-deceiving-full-monty-tariff)

-the RPI price increase, the fact that it is wrong (3.3 instead of 3.2) and that T-Mobile are enforcing an RPI on me that they didn't know at the time I received the letter.

The answer of T-Mobile is that CISAS is for billing issues or communication services provided to me. They then go on to say my claim is regarding terminating my contract without a termination fee and that my dispute necessitates the consideration of the legal interpretation of clauses contained in the Agreement and that law on contractual interpretation is complicated and difficult to apply. Therefore, T-Mobile says my claim cannot be dealt with under the Scheme, as to do so would be a breach of rule 2(j) and so pursuant to the Rules an adjudicator is not therefore able to consider the Claimant’s claim.
Followed by "The remainder of this Defence is pleaded without prejudice to the above."
And then 10 pages of bla bla...

Does that look like the same kind of answer most members who won have received?

What is the best strategy for me to succeed? Any advice would be greatly appreciated!

If anyone thinks it would help if I paste the content of T-Mobile defence into a private message or even on the forum, please let me know.
And if anyone is willing to look through it (check if it is the same answer they received?), I would really appreciate if they could then send me portions of what they replied to T-Mobile's defence.

Thank you all for keeping this thread alive and for all the posts you have written that have been a great help to me so far. I feel like I am getting close to a positive result after the nightmare I have been through with T-Mobile / EE since September last year.

Trailing

T Mobile put the exact same thing in their response to my complaint but CISAS's reply was that it was not a complicated issue of law and that they can deal with it. But they will disregard the RPI factor anyway unfortunately as they state T Mobile declare it's from the last 12 months, and sadly in the last 12 months there was once or twice if I remember where it was 3.3%. I don't see how they can say it can be from the last 12 months though as surely it should solely depend on that month but CISAS disregarded it when I pointed that out

Trailing

Oh and I also received their reply the day after the deadline!