Tmobile price increase

RandomCurve

ryan92 wrote: »

Email has been sent. I've also gave them 7 days to respond to my initial complaint as well as reaching out to the Facebook team.

Good luck with your meeting tomorrow and keep us all posted.

Thanks.

I met with my MP today.

He will support my compliant to the Parliamentary Ombudsman (you need an MP to sign the forms or they can't go forward) over Ofcoms handling of both the T-Mobile price rises of March 2013 and 2012, and the decision not to seek retrospective repayment of sums taken under previous price rises on all fixed term contracts .

He also reviewed the allegations of corruption in the way that Ofcom have agreed a solution for V59 customers to have a "Price adjustment", and whilst he did not like the word "corruption" he would support "collusion" to which the PO can also seek a judicial review of Ofcom in addition to the normal asking Ofcom to account for its actions.

Still all just words at the moment, but I'm sticking at it!

ryan92

Have an update.
Contacted T-Mobile on Facebook who replied with this ;

Hi Ryan,
please see below.
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 our terms state that we will use a statistical measure of RPI’ published on a date as close as reasonably possible before the date’ we provide our customers with written notice.
We wrote to our customers between 2nd April and 8th 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 reflect an RPI figure published on a date as close as reasonably possible to the date we provide notice.
The Office of National Statistics published its official rate of RPI for the period 1st April 2012 to 31st March 2013. The official measure of RPI for this period is 3.3%. This is in line with the 3.3% price increase we notified customers of in April to 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 any cancellation charges that may apply.
Regards



Totally ignored the part where I said

Ryan wrote:

received a text in November regarding the amendment to the price rise from 3.3% to 3.2% which means I'd be receiving a small discount on my bills.
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.
I believe that this is enough grounds for a Penalty Free Cancellation.

RandomCurve

There are so many faults in what TM have written I hardly know where to start.


There are a number of options.

1. Challenge the response which is just going back to the start -i.e. the rate quoted was published AFTER and not BEFORE as required by the contract.
2. Asking them to address the points as you originally requested, or
3. Asking them to confirm that if they have not complied with the T&Cs, i.e they applied a price adjustment which is higher than the RPI PUBLISHED before they contacted you, then can they confirm that you would be able to cancel the contract penalty free?

I prefer option 3 as if they say yes, you can follow that up with a cancellation request (the rate was 2.6% in November not 3.2%), and if they say no you can ask if they are saying they won't comply with their own T&Cs.

I think you should only take the approach above via the facebook team. Stick with the original email and the follow-up requesting a response within 7 days when dealing with the Executive team.

nsabournemouth

RandomCurve wrote: »

I think it would depend on why you asked for the cancellation.

If you asked on the grounds of Material Detriment, and they refused you, then I think you may have a case. Can you post some details?

I've got emails saying it wanted to cancel due to the price increase. Have the response from them saying no to my request.

I cancelled due to the change in terms and conditions, I told them that when I paid it off and that I would consider my options.

ryan92

Reply from the Executive Office ;

executive_office wrote:

In April 2013 we contacted some of our pay monthly customers to advise them that we would be increasing the monthly line rental charge for their price plans by 3.3% from 9th May 2013 onwards.

We had to re-evaluate our prices due to inflation, which directly impacts the costs of running our business. We increased prices to reflect the January 2013 rate for the Retail Price Index which was published in February 2013.

Since we increased our prices in May we have been in contact with Ofcom about this and we have some further changes. As a result of these discussions, EE has agreed with Ofcom to change the price increase for customers on version 59 from 3.3% to 3.2%.

As you joined EE before May 2013 you received information to advise you that the RPI would reduce to 3.2% and that a six month price increase freeze was applied to your agreement. This RPI freeze ended November 2013.

I have contacted our Legal Team and passed your complaint details to them, they have responded today and confirmed the following.

You entered into the agreement in March 2013 so it is therefore subject to CVN59 (Current Version of Terms and Conditions)

We provided notice to you of the increase in March 2013 advising that the price increase of 3.3% will take effect in May 2013. However, we have since notified you that the change will be amended to 3.2% and not 3.3%

The price increase is in line with our terms and conditions and does not give the you the right to cancel without charge.

If you remain unhappy with our decision you are free to seek independent advice,


Yours sincerely

What now ?

RandomCurve

ryan92 wrote: »

Reply from the Executive Office ;



What now ?

I think that gives the right to go to CISAS. The CISAS claim will basically say everything which was in the Original email to EE.

I will help you put something together (but I've got an O2 one to help out on and I need to follow up on some recent correspondence with Ofcom) so may be a little while before I can do this.

RandomCurve

nsabournemouth wrote: »

I've got emails saying it wanted to cancel due to the price increase. Have the response from them saying no to my request.

I cancelled due to the change in terms and conditions, I told them that when I paid it off and that I would consider my options.

If you never specified any grounds then I think you can still claim material detriment.

EE are not allowed to have exclusive right to determine what material detriment is:
Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:

(m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract.

Plus we now know material detriment is meant to be any change (USD 20/22 - it always was meant to mean this), and Ofcom have also confirmed this is the meaning (although they seem to think the new definition only applied to contracts entered into after 23rd Jan 2014).

As your claim is over 8 weeks old (and under 1 year) you can go to CISDAS, however they may want some evidence that you have given EE a chance to respond, so maybe you should write to EE explaining that they should refund the termination charge as the price rise was of material determent to you, when they write to tell you that it is not (because they have used RPI) then you can take it to CISAS.

ryan92

RandomCurve wrote: »

I think that gives the right to go to CISAS. The CISAS claim will basically say everything which was in the Original email to EE.

I will help you put something together (but I've got an O2 one to help out on and I need to follow up on some recent correspondence with Ofcom) so may be a little while before I can do this.

Not a problem,really appreciate it!

anna2007

RandomCurve wrote: »

If you never specified any grounds then I think you can still claim material detriment...

...As your claim is over 8 weeks old (and under 1 year) you can go to CISDAS, however they may want some evidence that you have given EE a chance to respond, so maybe you should write to EE explaining that they should refund the termination charge as the price rise was of material determent to you, when they write to tell you that it is not (because they have used RPI) then you can take it to CISAS.

I'm sure the time limit for making a CISAS claim is 9 months from the date you first complained? I don't know the wording of nsa's correspondence with EE re his/her cancellation request, but it would likely read as a complaint if arguing for a penalty-free cancellation due to the increase.

If so, and it's still within the 9 months since first complaining, then a CISAS claim can be made now, as the 8 week period EE has to resolve the problem has long since passed.

If it's over 9 months, you could still write to EE again now, and make a formal complaint, stating that in light of the Ofcom statement and what the USD/GC9.6 allows, you believe you were within your right to cancel when first requested. This might mean a further 8 week wait as it's a new complaint, but at least then you'd be entitled to go to CISAS if it's not resolved by EE.

Whether it's an old or new complaint, using the provisions of the USD &GC's should go a long way to support a CISAS case - and even though the provisions of the GC weren't clear until Ofcom made their statement in October, I'd have thought that's pretty much irrelevant if the EU directive has primacy over the U.K. regulations.

As an aside, I've been emailing Ofcom to ask some fairly simple questions re the provisions of the USD/GC and the TM price rise fiasco... and they've refused to answer!! Will be letting my MP know if they refuse a second time.

ryan92

Received this email today, presumably from either the 2nd or third email sent to them. This is in addition to the reply posted in here the other day


Thank you for the recent email you sent to Olaf Swantee, Chief Executive Officer, EE. Mr Swantee is aware of your complaint.

Firstly, please accept my apologies for any inconvenience the delay in my response may have caused.

Your comments in regard to the recent levels of service received are acknowledged. I am sorry that you have felt the need to bring these concerns to my attention. The levels of service you make reference to are not like our normally very high standards.

Whilst I appreciate the delay in responding to you has been frustrating, the Executive Office is responsible for a variety of work practices and as such is not the quickest route to resolving an issue. I have tried to contact you but without success.

I am keen to resolve any issues which you may have and it would appear that there may be some confusion over the information you have received and been presented with.

I would be grateful if you could contact me at your earliest convenience on 0800 079 0032.

I look forward to speaking to you soon.