Tmobile price increase

powerful_Rogue

Emailed CISAS and accepted their decision as the deadline is tomorrow! Was nice having two months free! Hopefully T-Mobile will drag their feet with the refund and PAC and it will cost them more!

Buzby

You don't mention any checks on your credit file, or that TM have to remove any adverse data reported to or added by the network as a result of your dispute.

Did you / have they?

powerful_Rogue

Buzby wrote: »

You don't mention any checks on your credit file, or that TM have to remove any adverse data reported to or added by the network as a result of your dispute.

Did you / have they?

Lost me on that one! Whos that aimed at?

RandomCurve

lukat wrote: »

Hi everyone!

Just received my CISAS decision, and it's another win!
Thanks to everyone and RC!



I am not sure where to go from there, as it seems that quite a lot of you guys have had to prolong the "fight" even after a win... in order to get the PAC and refund etc.
Should I call customer service (they are pretty useless, so I doubt they'll be able to issue my PAC and refund me), or email someone from T-Mobile UK head office? Or just wait until T-Mobile complies?

Thanks again

No problem Lukat - just glad you won.

On the next steps I did the following:

1. Accepted the decision (I did contemplating waiting like Powerful-Rouge did)
2. You then receive a copy of an email from CISAS to TM saying you have accepted and giving a date by which they have to comply
3. On receipt of that email I forwarded it to OFCOM ([EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org.uk[/EMAIL] and copied in [EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL] :wave:) Copy below.
4. Then I just sat back and waited (the longer TM take the longer you receive free service - a great opportunity to try out picture messaging and video calling etc etc ).

TM sent me a PAC within 3 weeks and funds were paid direct into my bank account on the very last day TM had to comply.

If they had not complied I would have just emailed Ofcom once a week (copying in Olaf :wave:) just saying "TM still showing contempt for customers, Ofcom and CISAS -when will Ofcom take action against EE and protect the consumer?"

I certainly would not propose contacting Customer Services (they will know nothing about it) nor bother chasing the legal department.

Dear Lynn,

I have forwarded the attached to you as it is a clear instruction from CISAS to T-Mobile to comply with the adjudicators decision in my case by XX-X-13.

I have heard from many others that T-Mobile are continually missing deadlines to comply with CISAS rulings (by several weeks in some cases), which has prompted some customers to resubmit claims to CISAS against T-Mobile for their total disregard for CISAS (it seems it is not just the customer and Ofcom that T-Mobile appear to have contempt for).

I will include you on all future correspondence on this so you can see first hand how one of the companies Ofcom is supposed to regulate actually operates (or maybe in this instance I'll get special treatment)?



Regards

RandomCurve

My latest email to Ofcom sent to day and copied to various news agencies and watchdog (and my MP).

I have basically been asking Ofcom if they fully understand the reasons why T-Mobile have had so much trouble with this price rise and why TM have had to try and shoe-horn the facts into their contract wording? I'll reproduce some extracts from the word document referred to below.


Dear Lynn,

As it has now been a further 2 1/2 weeks since I wrote to you regarding "joining the dots" of the T-Mobile price rise fiasco, and I have had no indication from you that Ofcom can see clearly what has happened I have joined the dots for you in the attachments.

1. Word Document (Joining the dots) - an explanation of what has happened including timelines
2. Orange Price Rise letter;
3. T-Mobile Price Rise letter
4. Evidence (Two attachments) from the T-Mobile Executive Office that T-Mobile have tried to apply the same Months RPI to both contracts.

I trust the attachments are self explanatory and will allow Ofcom to apply its enforcement powers to fulfil its consumer protection remit without delay. I look forward to receiving your swift response confirming that Ofcom is now clear on events and will be taking action. however should you require further clarification then please do not hesitate to contact me either at this email address or on (mobile number)

RandomCurve

Extracts from email to Ofcom The "dots" that they need to join to get a full picture, I may be wasting my time, but I just don't want TM to get away with this!


1. Look atthe date and the wording of the joint Orange and T-Mobile price risepress release

a. Followlink - TheGuardian 1st March 2013

2. Look atthe price rise letters sent by Orange and T-Mobile

a. Attached

3. Look atthe dates of those letters

a. Marchand April

4. Look atwhich months RPI both brands used in 2012

a. January and February

5. Look atthe date that the March RPI was published

a. 16th April 2013

6. Lookfor any evidence that T-Mobile informed customers on or BEFORE the 15thAprilthat T-Mobile had used the March RPI rate.

a. Was I right – was this IMPOSSIBLE?

7. If youare still in doubt ask to see the Board minute which sanctions the use of theMarch RPI which should have been dated either December or January

a. Was I right – was this IMPOSSIBLE?

I have also attached the evidence where T-Mobile OPENLYADMIT that they are applying the same months RPI to both the V58 and V59contracts.


Summary.

As a holder of both an Orange and a T-Mobile contract it is veryclear that T-Mobile have made a mistake in the RPI they have used for the 9thMay 2013 price rise. There is no need for legal expertise to see how T-Mobilehave tried to shoe-horn the facts about RPI rates (January and March bothcoincidentally being 3.3%) into both the implementation errors that T-Mobilehave made and the wording of their contracts.

............




For V59 Customers:



1. The price rise letter clearly states “CURRENTrate” which at the time was the FEBRUARY rate of 3.2%

2. T-Mobile could not possibly refer to the JanuaryRPI as that would:

a. Double count the January 2012 rate

b. Would not be an ANNUAL inflation rate asapplying 12 months to an 11 month period

i. Ifallowed T-Mobile could make 12 annual RPI price rises per year!!

c. Needs T-Mobile to rely on the term “reasonable”which is specifically deemed as an unfair contract term by the OFT as it couldallow manipulation to the consumers determent (a case in point?)

3. Orange implemented the January RPI in ample time

4. In 2012 T-Mobile managed to send letters out intime

5. T-Mobile has control of all of the timevariables

a. What inflation rate to apply

b. When to apply it from

c. When to send out its price rise letters

The above requires NO legal knowledge to asses that theprice rise was mis-applied - somebody at T-Mobile FORGOT to change theinflation rate before sending out the rehashed Orange price rise letter.


For V58 Customers:


1. The price rise letter clearly states “CURRENTrate” which at the time was the FEBRUARY rate of 3.2%

2. T-Mobile cannot reference March RPI – as therate was not published at the time of the letter and therefore would beimpossible for consumers to challenge, which would fall foul of the UTCCRs

3. T-Mobile cannot reference March RPI – as therate was not published until 16th April and as the price rise was tobe effective from 9th May (T-Mobile chosen date) then therequirement to give 30 days has been breached

4. There is NO evidence that T-Mobile informed ANYcustomer BEFORE 16th April that the March RPI had been used

5. There is ample evidence that T-Mobile wastelling customers they had used January RPI

The only logical conclusion isthat somebody at T-Mobile FORGOT to change the inflation rate before sendingout the rehashed Orange price rise letter and forgot to timetable in Easter.


Conclusion

The only way that T-Mobile could send the same letter to holdersof two different contracts applying the same RPI and with a price riseeffective from May 9th is if:

· The letter stating CURRENT RPI referred to thecorrect Current RPI

o which was 3.2% published on 19thMarch AND

· Letters were dated MARCH and sent out by T-Mobileby no later than 28th March

o Within 8 working days which is more time thanthe time needed in 2012 (7 working days)

So now Ofcom knows that:

A. T-Mobile cannot reference January RPI for EITHERCONTRACT as that would double counting January 2012 inflation rate (let alonethe legal arguments over the use of the term “reasonable” when T-Mobile controlall of the variables)

B. T-Mobile cannot reference March RPI – as therate was not published at the time of the letter and therefore would not passOfcom’s requirements for 30 days’ notice – or s9.6

C. The letter clearly states CURRENT RPI (which wasFebruary 3.2%)

D. There is NO evidence that T-Mobile informed ANYcustomer BEFORE 16th April that the March RPI had been used

E. There is ample evidence that T-Mobile wastelling customers they had used January RPI

F. Orange correctly timed its price rise letter.

G. There is no board minute dated pre 1stMarch sanctioning the calculation and use of a calculate March RPI rate

Then the only conclusion can be that:
The letter was sent out a couple of days late (due to Easter(?)- nobody at T-Mobile adjusted the timetable to allow for the bank holidays)AND Somebody forgot to update the RPI

tr26

T-Mobile are now 2 weeks past my CISAS compliance deadline and still no sign of my refund!

I really don't see the point of CISAS if they can't enforce their judgements.

ahxcjb

grumbler wrote: »

>> Mobile Price Increase: Just screwing with us?

The fact is that they can just increase prices.

Only because customers let them. Phone and cancel. When they refuse, write to them with a final 'letter before warning' then sue them in the small claims court to break free of your contract.

RandomCurve

tr26 wrote: »

T-Mobile are now 2 weeks past my CISAS compliance deadline and still no sign of my refund!

I really don't see the point of CISAS if they can't enforce their judgements.

Email [EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org.uk[/EMAIL] and CC [EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]

And Just say:

"Dear Lynn,

In connection with T-mobiles price rise of 9th May T-Mobile are still abusing their (ex) customers even after CISAS rulings against them. As in many other successful cases T-Mobile are not complying with the CISAS deadlines (2 weeks overdue in my case). As this is not an individual or isolated case I trust Ofcom will take appropriate action to protect the consumer and sanction T-Mobile.

Please let me know what action you intend to take under your consumer protection remit."

If everyone else who is having (or had) the same issue could email Lynn that may help to move things along a bit.

seankel1985

Hello everyone, followed this thread back in April when everyone first submitted their claim but got the response below saying that i couldn't cancel my contracts.

Dear Mr XXXXX,

Thank you for your email dated 23 April 2013 addressed to Olaf Swantee, Chief Executive Officer of EE. I have been asked to respond on Olaf's behalf and keep him informed of the outcome.

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 these terms and conditions state that the relevant rate of RPI will reflect the 12 month period before the month in which we send customers 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 therefore reflect the period 1 April 2012 to 31 March 2013.

The Office of National Statistics published its official rate of RPI for this period in April. The official measure of RPI for this period is 3.3%. This is in line with the 3.3% price increase that will take effect from 10th May.

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.

Whilst I appreciate you may not be entirely satisfied with my response, I trust I have confirmed my position in relation to this matter.

Yours sincerely

Liam Walker
Executive Office, EE
NOTICE AND DISCLAIMER


Would it be possible to continue with this claim and could anyone advise on what to do next?

Thanks