Tmobile price increase

RandomCurve

andi123 wrote: »

Hi,looking for help on this please, i recieved this text from TM. My contract was taken out on 28/12/12, am i able to cancel my 2 yr contract(13 months left)

Text message
We told you about a price increase to your monthly T-Mobile plan in April 2013, which will take effect this month. We've changed the way we calculated the increase which means we're reducing it by 0.1%, so you'll see a small saving on your bill from Nov onwards. See http://www.t-mobile.co.uk

If my logic is right then YES you can. Send them the email and see what response you get - they will deny they have done anything wrong!

When TM say they have "changed the way we have calculated the increase" what they really mean is:
"We imposed a price rise of 3.3% and we were only allowed to use 3.2% therefore we are CANCELLING the 3.3% and imposing 3.2%".
This means that they have to give you the right to a penalty free termination (USD 2002/22/EC), or the only increase they can apply is the RPI published last month (2.6% NOT 3.2%).

When did they send the text?

RandomCurve

I received a Private Message from someone. I can't respond via PM as there is something wrong with on of our settings - here is the response I was trying to send.

To get just a refund will be exactly the same process as to get the cancellation so I would recommend the cancellation process - it is no more hassle. They give you a PAC and you have 30 days to find a new provider on SIM only (I went from £15.50p a month to £4.98 (after cash back deals) and I was only 4 months into my contract. here is the link to the forum I have started for those who only want/can only now get a price rise refund. http://forums.moneysavingexpert.com/showpost.php?p=63813901&postcount=29

The process will be the same - just different emails

andi123

RandomCurve wrote: »

If my logic is right then YES you can. Send them the email and see what response you get - they will deny they have done anything wrong!

When TM say they have "changed the way we have calculated the increase" what they really mean is:
"We imposed a price rise of 3.3% and we were only allowed to use 3.2% therefore we are CANCELLING the 3.3% and imposing 3.2%".
This means that they have to give you the right to a penalty free termination (USD 2002/22/EC), or the only increase they can apply is the RPI published last month (2.6% NOT 3.2%).

When did they send the text?

Thanx for reply,i had the tx on 20/11/13

RandomCurve

Best to send the email by FRIDAY 13th December - now there is a date that is easy to remember!

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]

boatman

RandomCurve wrote: »

In a great position!

Until they issue a PAC you can use the phone - whilst they will bill you each month eventually they will need to backdate the refund so the longer they take the better for you!

For me they left it until the last day. I had fully intended to just inform Ofcom (once a month) that TM "Have still not complied with the CISAS decision" I had no intention of contacting TM as there was no obligation in the ruling that I had to do anything more for them to fulfil their legal obligations!

My contract finished in September and T-Mobile now claim they 'missed' the email from CISAS regarding my case, given that they have missed the deadline, what do CISAS do, do i take it to small claims as the deadline has past?

RandomCurve

boatman wrote: »

My contract finished in September and T-Mobile now claim they 'missed' the email from CISAS regarding my case, given that they have missed the deadline, what do CISAS do, do i take it to small claims as the deadline has past?

Ah did not realise that.

If you are out of contract just ask for your PAC and go elsewhere. But they still owe everything they took from your account back dated to April (if that was what your ruing said). So just send TM a copy of the ruling point out they are late and say you expect funds to be credited to your account immediately - copy in Lynn Parker at Ofcom too.

They may take their time, but they owe you the money and they will pay - eventually.

ryan92

Sent the email off the 21st November.
How long do EE/Tmobile/Orange/Whatever they're calling themselves this week normally take to respond to this?

digp

does it apply to contracts taken out in may?

RandomCurve

digp wrote: »

does it apply to contracts taken out in may?

I believe that contracts taken out up to 8th May had the price increase applied - if you recently received a text saying they have recalculated the price rise and you will save 0.1% then YES you can send the email.

Good Luck.

RandomCurve

ryan92 wrote: »

Sent the email off the 21st November.
How long do EE/Tmobile/Orange/Whatever they're calling themselves this week normally take to respond to this?

When we were going through this back in May it took about 3 to 14 days to get a responses.

I'm guessing that TMs initial response will be either "We have complied with GC 9.6, but we note your concern". OR
"We have not increased your price plan, but have recalculated it in your favour"

It really does not matter what they respond with - TM have broken the rules and you should be able to get a penalty free cancellation.

Let us now what TM respond with once you get it and I will draft a response for you.