Tmobile price increase

lukat

Hello everyone,
Glad to see everyone is still so keen on finding ways to leave the thief's at T-Mobile.

I have a problem and would appreciate your feedback or any advise from anyone who has been through the same thing:
I was paid over £300 back by EE / T-Mobile and it is now showing on my credit report as £ -300 something...

Surely that must be illegal or I can get this corrected and get compensation for the trouble? Until today I had a perfect credit history!


On another note, congrats to RandomCurve for finding that bit of EU law (Directive 2002/22/EC Of the European Parliament and of the Council 7th March 2002). I did mention looking into European solutions a couple of weeks ago and it can definitely be very efficient! (Use it against HSBC charging me £8 on each IBAN transfer I was doing even though the European Commission has made IBAN EU transfers free, which the UK is part of!).

lukat wrote: »

I suggest that we look at contacting the European Commission, which regulates the Europe wide implementation of New legislation on Alternative and Online Dispute Resolution (ADR) and (ODR).

http://ec.europa.eu/consumers/redress_cons/adr_policy_work_en.htm

CISAS is effectively listed as an ADR in the UK on the official European Commission's website:

http://ec.europa.eu/consumers/redress_cons/ecc_united_kingdom_en.htm

The European Commission insists on the duty for ADRs to abide to principles of impartiality, transparency, effectiveness and fairness.
It seems clear to me that CISAS has failed to provide all this by randomly delivering contradictory decisions on the same problem/issue! CISAS therefore doesn't seem to meet EU standards and contacting the European Commission could be another way to make our voice heard and put pressure on T-Mobile/EE and especially on OFCOM and CISAS now (thinking about RandomCurve's efforts with OFCOM here).

ryan92

Outstanding balance £0.00
Your monthly plan charges £21.67
New charges this month outside plan £0.00
Your new balance £21.67
VAT charged at 20% on £21.67 £4.33
Amount due £26.00


Would appear although I'm price frozen, they haven't changed the price yet. Should I not have at least 30 days notice of a change?

lukat

lukat wrote: »

Hello everyone,

I have a problem and would appreciate your feedback or any advise from anyone who has been through the same thing:
I was paid over £300 back by EE / T-Mobile and it is now showing on my credit report as £ -300 something...

Surely that must be illegal or I can get this corrected and get compensation for the trouble? Until today I had a perfect credit history!

After looking into it online, it might mean my old EE account is in credit by £300 (showing -300 on credit report). Surely if I was in debt, it would show 300 without the "minus sign, right?

RandomCurve

A letter for T-Mobile
I think you should wait until you are advised of the change by TM before sending this - can you post on the forum when you receive notification please?


Dear Mr Swantee,


MobileNumber 07xxx-xxxxxx

PenaltyFREE Termination and PAC code Request


Further to your communication of (Date) this is my notice for an IMMEDIATE PENALTY FREE cancellation as allowed under the T&Cs as per clause 7.2.3.3.

Our contract does NOT allow for T-Mobile to retrospectively and arbitrarily make "amendments" to previous price rises; our contract only allows for T-Mobile to change charges. As T-Mobile is not permitted to make “amendments” then this change in charges is in essence TWO SEPERATE changes to my contract:

1. A cancellation of the price increase that you applied to my account on May 9th
a. which T-Mobile now accept was at a rate that triggered my right to a penalty free cancellation; and

2. The application of a new price rise.
a. Under our contract the maximum price increase that can be applied to my account is the“…RPI published on a date as close as reasonably possible before the date' we provide our customers with written notice…” (by virtue of the fact that you have advised that you are cancelling the 3.3% and trying to apply 3.2% already proves the point that the word “reasonable” in this clause is unfair and therefore not operative – UTCCRs, Schedule 2, Paragraph 1 (m)) therefore the RPI published on a date before the date you contacted me was the October RPI published on 12th November. That RPI is 2.6% which is LOWER than the 3.2% which you have advised me will be applied to my account.


Without prejudice
I am informing you that I am exercising my right to withdraw from our contract – without penalty to me as I do NOT accept the modifications T-Mobile is making to our contract as is my right under Universal Service Directive 2002/22/EC, Chapter IV, Article 20 Paragraph 4.

The relevant European legislation is as follows:

USD 2002/22/EC
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 modifications and 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.

Therefore T-Mobile should immediately terminate my contract and issue a PAC code without penalty to me.

For the avoidance of doubt any PAC code issued by T-Mobile that has a termination charge associated with it (or any threat to issue such a PAC) 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.

Should T-Mobile not immediately terminate my contract without penalty to me and issue a PAC code then please email me immediately clearly articulating why you believe T-Mobile has acted within both the terms of our contract and the USD and provide a deadlock reference so that I can take this case to CISAS without delay. Any response that is merely a “standard letter” response that does not reflect and address the points raised will be taken as T-Mobiles breach of the duty of care that T-Mobile owes me, and I will use this as evidence to seek compensation from you via CISAS.


Regards

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]

ryan92

RandomCurve wrote: »

A letter for T-Mobile
I think you should wait until you are advised of the change by TM before sending this - can you post on the forum when you receive notification please?


Dear Mr Swantee,


MobileNumber 07xxx-xxxxxx

PenaltyFREE Termination and PAC code Request


Further to your communication of (Date) this is my notice for an IMMEDIATE PENALTY FREE cancellation as allowed under the T&Cs as per clause 7.2.3.3.

Our contract does NOT allow for T-Mobile to retrospectively and arbitrarily make "amendments" to previous price rises; our contract only allows for T-Mobile to change charges. As T-Mobile is not permitted to make “amendments” then this change in charges is in essence TWO SEPERATE changes to my contract:

1. A cancellation of the price increase that you applied to my account on May 9th
a. which T-Mobile now accept was at a rate that triggered my right to a penalty free cancellation; and

2. The application of a new price rise.
a. Under our contract the maximum price increase that can be applied to my account is the“…RPI published on a date as close as reasonably possible before the date' we provide our customers with written notice…” (by virtue of the fact that you have advised that you are cancelling the 3.3% and trying to apply 3.2% already proves the point that the word “reasonable” in this clause is unfair and therefore not operative – UTCCRs, Schedule 2, Paragraph 1 (m)) therefore the RPI published on a date before the date you contacted me was the October RPI published on 12th November. That RPI is 2.6% which is LOWER than the 3.2% which you have advised me will be applied to my account.


Without prejudice
I am informing you that I am exercising my right to withdraw from our contract – without penalty to me as I do NOT accept the modifications T-Mobile is making to our contract as is my right under Universal Service Directive 2002/22/EC, Chapter IV, Article 20 Paragraph 4.

The relevant European legislation is as follows:

USD 2002/22/EC
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 modifications and 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.

Therefore T-Mobile should immediately terminate my contract and issue a PAC code without penalty to me.

For the avoidance of doubt any PAC code issued by T-Mobile that has a termination charge associated with it (or any threat to issue such a PAC) 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.

Should T-Mobile not immediately terminate my contract without penalty to me and issue a PAC code then please email me immediately clearly articulating why you believe T-Mobile has acted within both the terms of our contract and the USD and provide a deadlock reference so that I can take this case to CISAS without delay. Any response that is merely a “standard letter” response that does not reflect and address the points raised will be taken as T-Mobiles breach of the duty of care that T-Mobile owes me, and I will use this as evidence to seek compensation from you via CISAS.


Regards

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]

I absolutely will do! What if I receive no such notification?

RandomCurve

ryan92 wrote: »

I absolutely will do! What if I receive no such notification?

Call Customer service at any time and ask what version of the contract you are on and what is happening with the price variation applied to your account.

callum9999

lukat wrote: »

After looking into it online, it might mean my old EE account is in credit by £300 (showing -300 on credit report). Surely if I was in debt, it would show 300 without the "minus sign, right?

If it was exactly £300 then I'd imagine they are just reporting your credit limit with them.

Not that I understand how looking online "might mean" you are in credit by £300? Surely it either it says you are or it doesn't?

James_Kellogg_UK

SayNoToO2 and all other networks... Please like and share the page and show your support!!

facebook dot com/SayNoToO2

RandomCurve

You have reached the “landing” page for the forum on

How to CANCEL YOUR T-MOBILE CONTRACT PENALTY FREE

If you took out a T-MOBILE contract on or after 31st October 2012 (and you are reading this before the 13th December 2013) then there is a very good chance that you can obtain a PENALTY FREE cancellation (you keep your phone, and get a PAC code to take your number elsewhere - so save money by going SIM only).

This opportunity has been brought to you courtesy of T-Mobiles greed and Ofcoms complicity, as the “amendment” to the botched May 9th price increase has been implemented outside of the both UK law and European Law – triggering your right to a penalty free cancellation!

See Post #2170 and #2172 for reasoning or go straight to post #2176 for the email to send. https://forums.moneysavingexpert.com/discussion/4536143

Don’t worry if you see any negative comments saying this is not possible – just get your email in before the deadline passes! Point to note is that you could have cancelled your contract PENALTY FREE between 6th April and 9th May when T-mobile implemented the price rise, but even Ofcom said (on 7th May) that this was not possible – well guess what 94% of those who went for it were SUCCESSFUL back then – no reason why now should be any different!

If you are reading this after 14th December – or are not on the relevant T-Mobile contract you may still be able to have any sums taken under a price rise clause refunded – see this forum. http://forums.moneysavingexpert.com/showpost.php?p=63813901&postcount=29

RandomCurve

James_Kellogg_UK wrote: »

SayNoToO2 and all other networks... Please like and share the page and show your support!!

facebook dot com/SayNoToO2

Will do, Can you post the link below to that campaign page it will send people to the How to get the price rise refunded page - they will find it useful!!!

http://forums.moneysavingexpert.com/showpost.php?p=63813901&postcount=29