Tmobile price increase

everton2004

I finally got a reply to the email from EE too:

Case Reference: xxxxxxx
Account Number: xxxxxxxxx

Dear xxxxxxxx,

Thank you for your email received into the Executive Office. I have been asked to investigate the issues raised and respond accordingly.

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 (of the terms and conditions) from 3.3% to 3.2%.

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

You entered into the agreement in February 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 you the right to cancel without charge.

I trust this information is of assistance.

Yours sincerely

Liam Walker
Executive Assistant, EE Executive Office

c.c. Olaf Swantee - Chief Executive Officer, EE

I assume the weeks from sending the email to them were spent drinking coffee in cushy boardrooms formulating plans on how they can worm their way out of this...... :wall:

ryan92

Word for word reply that I also received too!

RandomCurve

everton2004 wrote: »

I finally got a reply to the email from EE too:



I assume the weeks from sending the email to them were spent drinking coffee in cushy boardrooms formulating plans on how they can worm their way out of this...... :wall:

More than likely waited until the 30 days were up in the hope that fewer people will write in!

A I said earlier will help write a response to this. TM have clearly not complied with their T&Cs otherwise they would only be applying 2.6% not 3.2%!

RandomCurve

ryan92 wrote: »

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.

I would advise not to phone, best to get this all in writing, however if you do phone you could ask them to explain exactly what is was that made them change it from 3.3 to 3.2.

"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 (of the terms and conditions) from 3.3% to 3.2%."

I see from their apology they are trying to mitigate any compensation claim for lack of duty of care!

anna2007

So at the beginning of this sorry mess, EE told customers they had used January RPI.

Then, when the March rate was published, it was March RPI.

Then, when customers went to CISAS, you're on version 58, not v 59, of the t&c's and they used March RPI.

Now they're telling customers it was January RPI.

EE's lies upon lies upon lies beggars belief, but what's far worse is that Ofcom aren't only letting them away with this, they're actually supporting it! :mad:

RandomCurve

A response to EEs response to the firs email, please feel free to comment/amend


Case Reference: xxxxxxx
Account Number: xxxxxxxxx

Dear Mr Swantee,

Thank you for your email of DATE. In that email a number of statements are made which I do not believe alters my right to a penalty free cancellation as detailed below. I therefore once again request that EE terminate my contract on a penalty free basis back dated to (DATE OF ORIGINAL EMAIL SENT)


Statement 1
“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 (of the terms and conditions) from 3.3% to 3.2%.”

EE have not stated WHY EE had to change the price increase– I am assuming it is because you had used the January RPI when the T&Cs only allowed the use of the February RPI. Can you please confirm this to be the case, if you do not respond to this paragraph it will be deemed that you accepttis to be the case.


Statement 2
“As you joined EE before May 2013 you received information to advise you that the RPI would be 3.2% for six months and that this six month price increase freeze was applied to your agreement. This RPI freeze ended November 2013.”

This is not true.I received information saying the RPI was 3.3% (when it was actually 3.2%), back in April, and then in November I received a communication stating “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.”


Statement 3
“…….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 inline with our terms and conditions and does not give you the right to cancel without charge.”

This is not true.It was APRIL – not MARCH when you wrote to me and the price increase was clearly not in line with EEs T&Cs – if it was in line with your T&Cs why are EE changing it? And why are you not changing it for customers on V58 of the contract? Please try and be factually correct with dates and rates as this will be important should we need to go CISAS – any factually incorrect statements will be used as evidence to demonstrate that EE are not applying the required duty of care in this matter.

For the communication received in November there is no clause in EEs T&Cs that gives it the right to “amend” charges, other than through the process set out in Clause 7.1.4. “We can increase any Price Plan Charge. We will give You Written Notice 30 days before We do so……”. EE have cancelled the incorrectly applied 3.3% and then have applied a new rate of 3.2% (i.e. cancelled the incorrect January RPI and are applying what would have been the correct February RPI when you wrote to me in April). However the contract is clear that if you apply an RPI which is higher than the RPI published in the month before you write to me (clause 7.2.3.3) then I have aright to a penalty free cancellation. As you wrote to me in November (albeit with blatant disregard to your obligations under GC 9.6 and USD 20/(2)) the rate applicable is 2.6% (October RPI). As you have applied 3.2% you have triggered my right to a penalty free cancellation – and I have exercised that right.

In addition to the above the USD 20(2) is clear that ANY MODIFICATION to our contract (for example your communication modifying the price by 0.1%) gives me the right to a penalty free cancellation.


Please cancel my contract – penalty free – as required under the T&Cs and USD 20(2). For the avoidance of doubt any PAC code issued by EE 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

RandomCurve

anna2007 wrote: »

So at the beginning of this sorry mess, EE told customers they had used January RPI.

Then, when the March rate was published, it was March RPI.

Then, when customers went to CISAS, you're on version 58, not v 59, of the t&c's and they used March RPI.

Now they're telling customers it was January RPI.

EE's lies upon lies upon lies beggars belief, but what's far worse is that Ofcom aren't only letting them away with this, they're actually supporting it! :mad:

Not only that EE are now trying to rewrite history by saying that they wrote to us in MARCH, when it was actually APRIL!

The more of you who write to Ofcom the more pressure it will put on them when the Parliamentary Ombudsman takes this case up.

The other thing this throws up is that EE cannot have the sole right to determine what Material Detriment is to each customer - another breach of the UTCCRs

ryan92

Things only get more confusing!

My sister who joined T-Mobile last December and as such was affected by this 'price rise freeze'. I sent off the same email to the Executive Office under that account and got a totally different response.

I am sorry you are unhappy with the RPI price increase. As a company we are committed to offering the best value for service which is why we have kept the increase to a minimum. The increase is a result of the rising costs to our business and is in line with the Retail Price Index (RPI), which is a measure of inflation.

As you were sent a letter on 27 March, advising you of the price increase, this was more than the 30 days' notice that was required and as such, I am unable to cancel your agreement without penalty. As you are in contract until 20 December 2014, you would have to pay a Early Termination Fee (ETF) of £ 356.89, as of todays date.

We are obliged, as are all UK operators, to abide by condition 9.6 of the Ofcom/EU Framework for EU Regulations. This conditions sets out what we must do if a change is of material detriment to a customer, which is to provide 30 days notice and allow a customer to terminate their contract free of charge. When the changes are not of material detriment the customer does not have the right to terminate their contract.

In this instance the increase of 3.2% is considered to be reasonable as it is in line with the RPI and is not of material detriment to our customers. As such we have provided our customer's with 30 days notice (as stated in our Terms and Conditions) but there is no obligation for the company to allow its customers to terminate their contract without charge.

If your complaint has been ongoing for a period of over 8 weeks, you are within your rights to seek independent arbitration through CISAS without a Deadlock letter.

Whilst I understand my email may not contain the response you had hoped for, I trust it addresses the concerns you have raised in your correspondence

Yours sincerely

Totally different response and not one we were expecting!

1. Trying to imply they set out it was 3.2% back in March (not April) and ignored the fact it was previously 3.3%!

RandomCurve

ryan92 wrote: »

Still no response from my original email sent to them on 21/11/2013 and still no response or acknowledgement from 03/12/2013!

Would you mind if I sent a copy of the letter your sister received to Ofcom? EE are trying to mislead you as to the date of their letter AND to what the USD says - the USD is ANY MODIFICATION and has nothing to do with Material Detriment.

Ofcom will nothing, but by sending that to them and them not taking action helps to build my case against Ofcom for being in collusion with EE.

It really makes me :mad: that EE just lie, lie and lie again in the hope of creating so much confusion that people give-up!

tiddles1

I had exactly the same response as ryan92, I sent a reply advising that they had not answered the points raised in my original email (ie contract does not allow price increases to be changed and therefore it should be considered a cancellation of a previous increase and a new increase) and got this reply -

Thank you for your email dated 19 December 2013.

Whilst I understand that you are not happy with the RPI price increase, as stated in my last email, we will not be allowing you to terminate your contract without penalty. Our position remains unchanged.

As T-Mobile has reached the end of our internal complaints procedure in relation to this dispute and explained our final position, you can seek external advise on the matter.

Whilst I understand this is not the outcome you were looking for, I trust I have clarified T-Mobile's position regarding this matter.



Yours sincerely



Mark Sewell
Executive Office, EE

They seem to be unwilling to address my point - Next stop CISAS!

Randomcurve - I'll PM you with the whole email conversation in case it helps with your OFCOM battle!