Tmobile price increase

IanR2012

seankel1985 wrote: »

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

Yes, as long as your request to cancel was prior to 9th May you can claim. I believe CISAS will consider claims up to 9 months old.

Go straight to CISAS and Submit your claim, but have a search around this thread for the ideal wording.

You may struggle to convince the adjudicator to back-date your refund, due to your delay.

Good Luck.

RandomCurve

IanR2012 wrote: »

Yes, as long as your request to cancel was prior to 9th May you can claim. I believe CISAS will consider claims up to 9 months old.

Go straight to CISAS and Submit your claim, but have a search around this thread for the ideal wording.

You may struggle to convince the adjudicator to back-date your refund, due to your delay.

Good Luck.

I agree with IanR012 - no reason why you can't go to CISAS as you wrote to terminate your contract in the time allowed.

I would push for a back dated cancellation as it is not your fault TM refused your valid cancellation request - say they mislead you by categorically stating that they had the right to impose the 3.3%, it was only by chance that you recently found out that you had been correct in the first place and you can think of no good reason why TM should profit from misleading you - In fact if they were not trying to profiteer out of the deception then once they started losing cases they should have wrote to you offering to honour your cancellation request and the contract, as you had not withdrawn the termination request!!! -

That is how I would couch it anyway.

Good Luck

seankel1985

Thanks for the advice guys! My first request was sent on April 5th to tmobile so before the May deadline.

Did everyone work of a template letter to CISAS and if so would anyone have a copy handy that they could PM me?

Thanks again guys hopefully another win :T

RandomCurve

seankel1985 wrote: »

Thanks for the advice guys! My first request was sent on April 5th to tmobile so before the May deadline.

Did everyone work of a template letter to CISAS and if so would anyone have a copy handy that they could PM me?

Thanks again guys hopefully another win :T

There are few templates on this forum - which version of the contract are you on V58 (Before 30 Oct 2012) or V59 Nov 2012 onwards?

seankel1985

RandomCurve wrote: »

There are few templates on this forum - which version of the contract are you on V58 (Before 30 Oct 2012) or V59 Nov 2012 onwards?

Two contracts both before October 2012.

IanR2012

seankel1985 wrote: »

Did everyone work of a template letter to CISAS and if so would anyone have a copy handy that they could PM me?

D123 had a particularly well-worded argument that I used as a basis for mine.

I've checked back and the image in his/her post has disappeared. I did take a screen grab when it was up, for my own reference and hope he/she won't mind if I reference it again here.



Should there be an issue, I will take it straight down.

I modified it slightly to suit my particular situation. I believe this serves a better example for your timing.

I totally agree with RC that you should go for a full back-dated refund. Stressing that you took TM's statement has truthful and honest, which has proven to be incorrect. However, treat it as a bonus if the adjudicator gives you this.

IanR2012

RandomCurve wrote: »

[*]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.

Thanks to RC for the "Lynn Parker" contact.

Since accepting the CISAS decision 3 weeks ago, my emails to T-Mobile had been completely ignored. No PAC Codes were forth coming and no acknowledgement of back-dated payment and compensation.

However, when I finally cc'd Lynn Parker on yet another follow up note to GP, CC and OS that seems to have spurred them into some action.

Hopefully the email promises will translate to PAC Codes and payment very soon!

Still, can't complain, 5 months free service so far!



Edit:

Doh! Spoke to soon...

From the CISAS Decision, which in relation to repayment stated:

c. repay to the customer all charges incurred on the account since 22nd April 2013, less:

i. the value of services used by the customer which fell within the price plan in force prior to 22nd April 2013 at the rate applicable under that plan; and

ii. The cost of services used by the customer since 22nd April 2013 which were not included in the customer’s tariff; and

T-Mobile have chosen to interpret this as:

Our understanding of this is that the Claimant is to receive a refund of the sums paid above his monthly line rental charge due to the increase, which we have worked out to be as follows:

And then set a table out that equates to a £30 refund instead of a £400 refund, whereby they only repay the price increase.

Now that I have challenged this, they have gone back to CISAS for clarification with a water-muddying explanation.

powerful_Rogue

IanR2012 wrote: »

Thanks to RC for the "Lynn Parker" contact.

Since accepting the CISAS decision 3 weeks ago, my emails to T-Mobile had been completely ignored. No PAC Codes were forth coming and no acknowledgement of back-dated payment and compensation.

However, when I finally cc'd Lynn Parker on yet another follow up note to GP, CC and OS that seems to have spurred them into some action.

Hopefully the email promises will translate to PAC Codes and payment very soon!

Still, can't complain, 5 months free service so far!



Edit:

Doh! Spoke to soon...

From the CISAS Decision, which in relation to repayment stated:



T-Mobile have chosen to interpret this as:



And then set a table out that equates to a £30 refund instead of a £400 refund, whereby they only repay the price increase.

Now that I have challenged this, they have gone back to CISAS for clarification with a water-muddying explanation.

That is absolutely shocking! When you think EE cant sink any lower, they pull a stunt like this!

I accepted the CISAS decision last week, I left it right upto the deadline so I could get as much free service from T-Mobile as possible. Today I received this email from Carmel Codd.

Dear Sir

We refer to the above matter and to your acceptance of the adjudicator’s decision.

In accordance with the decision I have requested the issue of your PAC code and refund of charges paid applied to your account after 8 May 2013.

Should you wish to receive your PAC sooner please contact our customer services team by dialling 150 from your handset. They will advise that the PAC is subject to the issue of a cancellation charge. Please accept this charge and notify me once you have used your PAC. I will then ensure that he cancellation charge is removed from your account along with the refund of charges from 8 May 2013.

Please accept our apologises for any inconvenience caused as a result of this matter.

Regards

Carmel Codd

boatman

Sorry, could someone remind of what the point of CISAS was again.....

Well worth the effort. Was there ever actually any point in any of us going to them, should we all have just gone straight to the small claims court?

RandomCurve

IanR2012 wrote: »

Thanks to RC for the "Lynn Parker" contact.


.......


From the CISAS Decision, which in relation to repayment stated:



T-Mobile have chosen to interpret this as:



And then set a table out that equates to a £30 refund instead of a £400 refund, whereby they only repay the price increase.

Now that I have challenged this, they have gone back to CISAS for clarification with a water-muddying explanation.

You're welcome - the more of us who copy in Ofcom the more likely they are to act!

The CISAS ruling is pants! I think TM have interpreted it correctly, but I don't see why TM should profit from their breach of contract. The fact that you used the service was that you had no choice - unless you paid the termination fee and then fought to get it back.

As a bare minimum you should get 12 weeks refunded (8 weeks for TM refusing to issue a deadlock letter and 4 weeks for the CISAS process) otherwise TM make an extra 12 weeks profit for breaching contract - morally wrong - and I'm sure real court would not have allowed that.

As you have accepted the CISAS ruling I guess you can't now take this to the SCC, but as TM are "seeking clarification" from CISAS I don't see any harm (although possibly no benefit) from you also writing to CISS asking how it can be correct that TM can keep payments they were not legally entitled to. Had TM issued a penalty free PAC from the outset on the proviso that if you lost the case they would charge for it then that would have been your decision to use it or not - as it was you had no choice.

It is worth a try!