Tmobile price increase

RandomCurve

Possible reasons for a penalty free cancellation ONE:

EE need to give 30 days notice of changes so now they have "altered" the initial price increase the change is of "Material Detriment" to you
Ofcom have now defined MD as any change! also GC 9.6 (which is where MD comes from) was supposed to be the UK adoption of European Law (USD 20/2) which states that customers must be given the right to a penalty free termination for ANY VARATION to the contract should they request it! So the true definition of MD has always been "any change"

Amongst other things, Article 20(2) of the USD sets out, in relation to the provision of telecommunications services, that subscribers (including consumers and small business customers) to such services have a right to withdraw from their contract without penalty where providers modify the contractual conditions. In the UK, this is reflected in GC 9.6.

RandomCurve

Possible reasons for a penalty free cancellation TWO:

Under USD 20(2) any change to T&Cs allows a penalty free cancellation (increases or decreases! - it just says "MODIFY") As T-Mobile have just modified the MOST IMPORTANT T&C in the contract - PRICE - you can now request a penalty free termination under USD 20(2)

Amongst other things, Article 20(2) of the USD sets out, in relation to the provision of telecommunications services, that subscribers (including consumers and small business customers) to such services have a right to withdraw from their contract without penalty where providers modify the contractual conditions. In the UK, this is reflected in GC 9.6.

RandomCurve

Just found the below - as EUROPEAN law takes PRIORITY over national law where there is a conflict then T-Ms change to the price increase GIVES YOU A PENALTY FREE CANCELLATION!!!:j

Please challenge ASAP if you disagree!


The supremacy (sometimes referred to as primacy) of EU law is a principle by which the laws of European Union member states that conflict with laws of the European Union must be ignored by national courts so that the European Union law can take effect. The legal doctrine emerged from the European Court of Justice through a number of decisions.

anna2007

Great work RC, and I see no reason why the above can't be used by any consumer affected by past price increases, given that they weren't allowed the option of penalty-free cancellation?

RandomCurve

Possible reasons for a penalty free cancellation THREE:

TM owe you a duty of care. When they wrote to you in April stating the CURRENT RPI was 3.3% when in fact they now admit it was 3.2% they misled you.

The lack of duty of care shown effectively denied you your contractual right to a penalty free termination, however now you have been made aware that "they wrote to you" to apply an RPI on excess of what the contract allows you should not be disadvantaged by that lack of care and therefore you are requesting a penalty free termination as that is the remedy that would have been available to you had T-Mobile been open and honest in its initial dealings with you.

RandomCurve

Possible reasons for a penalty free cancellation FOUR:

The T&Cs only allow for price changes to be applied to your account which are capped at the RPI rate PUBLISHED in the month before they write to you. The change from 3.3% to 3.2% is NOT an adjustment to the price rise advised in April, but is a CANCELLATION of the May increase and the imposition of a NEW increase (the T&Cs do NOT allow for "alterations of previous price increases). As this is a new price increase then the RPI published before you wrote to me was the October RPI published on 12th November which was 2.6% as 3.2% is HIGHER than 2.6% then you have a right under the T&C to a PENATLY FREE CANCELLATION :j

RandomCurve

I think the above four are my best shoots - please add more or challenge those - but while that process is occurring SEND the email at post #2162.

RandomCurve

Directive 2002/22/EC
Of the European Parliament and of the Council
7thMarch 2002

Chapter IV – End User Agreements

Article 20 – Contracts

Paragraph 4


4. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of proposed modifications in the contractual conditions. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modificationsand shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.

It took a while to find this! As you can see it is modifications - not increases/decreases detriment or anything else. T-Mobile have modified the contractual conditions - and you don't accept them!

Thank you OFCOM for being CORUPT!!!:)
Thank you T-Mobile for being so GREEDY - if you had just cancelled the price rise we would have not looked into this

ryan92

RandomCurve wrote: »

A "holding" email to T-Mobile for customers on V59 of the contract (taken out on or AFTER 31st October 2012)
SEND IT NOW whilst we work this out - otherwise you may find your claim time barred.

Dear Mr Swantee

Re Mobile Phone Number 07xxxxxxxxx

Due to the T-Mobile price variation I believe you have triggered my right to a penalty free cancellation.

This is my notice for an IMMEDIATE PENALTY FREE cancellation as allowed under the T&Cs - please provide me with a PAC code as part of the PENALTY FREE cancellation.


For the avoidance of doubt any PAC code issued by T-Mobile that has a termination charge associated with it will be:

• A Gross breach of contract
• An offence under the Unsolicited Goods and Serviced Act 1971 (both T-Mobile and its officers will be liable); and
• A Breach of GC 11.1.

Regards


XXX

Send the email to:
[EMAIL="olaf.swantee@ee.co.uk"]olaf.swantee@ee.co.uk[/EMAIL]
[EMAIL="Executive.Office@ee.co.uk"]Executive.Office@ee.co.uk[/EMAIL]

DO IT NOW whilst we work this out

Thanks for this We have a T-Mobile contract which was taken out on February 2013 so we just missed the rise in April and was price frozen ; no official notice from them that the price is rising next month! We also didn't get the letter in March/April time when the rise happened, can I still pop this email off?...typical from them!

RandomCurve

ryan92 wrote: »

Thanks for this We have a T-Mobile contract which was taken out on February 2013 so we just missed the rise in April and was price frozen ; no official notice from them that the price is rising next month! We also didn't get the letter in March/April time when the rise happened, can I still pop this email off?...typical from them!

According to the MSE news article below you should have a "price freeze" which will be adjusted. You can check by logging into your account and if TM have "applied" a frozen price rise you will see a credit on your bill (3.3% of the original contact price) if you see the credit then YES you can send the email.

NOTE FOR EVERYONE: Be warned T-Mobile my try to argue you are on V58 of the contract (pre 31st Oct 2012) as their systems are really bad. You simply have tell them "As my contract was taken out after 31st October 2012 the contract terms I am bound to and signed up for are V59 as clearly stated in the valid periods of your contract - the fact they your systems are incorrect does not bind me to T&Cs that I have not signed up to"



T-Mobile customers who joined or upgraded between 1 December 2012 and 8 May 2013 also received a six month price freeze on the RPI increase as they were on new plans. They'll see the 3.2% rate applied on their bills from this month onwards. They won't get any credit on their bills as they didn't overpay.