Tmobile price increase

d123

powerful_Rogue wrote: »

The aim is to goto CISAS, but tmobile dont seem to want to give me a deadlock letter! May be a case of waiting another 6 weeks.

CISAS have told me I don't have to wait the 8 weeks, when T-Mobile refuse to communicate any further it becomes deadlock.

Perhaps because the EE agent actually said she refuses to discuss the matter further with me in an email (and has subsequently ignored 2 further emails) makes a difference.

I think I'll actually do it tomorrow when I'm on a computer.

RandomCurve

Boatman's post #185 and #232 look logical to me too, another T-Mobile gaffe - those guys seriously need to purchase a dictionary! (And a calendar, and a calculator!

Everyone Elsewhere
Don't get mad get EEven

RandomCurve

oopsadaisydoddle wrote: »

Am I missing something?

If the RPI for the year 1/4/12 - 31/3/13 is 3.3% overall, then regardless of when that figure was actually published, doesn't it mean they 'got lucky' so to speak?

Am a bit confused!

No not at all.
If you contract started (from/after - not sure which) October 2012 the T&Cs say
Clause 7.2.3.3. of ourterms 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 writtennotice.
So the one before 5-8 April was published on March 19th for February and was 3.2%. Therefore a clear breach and cased closed.

For those with the earlier contract see Boatman's post #232 and Anna2007's post of Saturday 20th (sorry don't know my around the system well enough to go and find it without losing what I've already typed :embarasse .

oopsadaisydoddle

RandomCurve wrote: »

No not at all.
If you contract started (from/after - not sure which) October 2012 the T&Cs say
Clause 7.2.3.3. of ourterms 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 writtennotice.
So the one before 5-8 April was published on March 19th for February and was 3.2%. Therefore a clear breach and cased closed.

For those with the earlier contract see Boatman's post #232 and Anna2007's post of Saturday 20th (sorry don't know my around the system well enough to go and find it without losing what I've already typed :embarasse .

Thank you! I think I get it. Does that mean the 3.2% was for the whole of the last 12 months?

RandomCurve

Yes that is correct:
3.2% is for the 12 months ending Feb 2013;
3.3% is for the 12 months ending January 2013, and by coincidence;
3.3% is also the RPI for the 12 months ended March 2013.

When T-Mobile wrote to us between 5-8 April they used the January figure, but were only entitled to use the Feb figure. As by coincidence March is the same as January at 3.3% they are trying to pretend that they were referring to March and not January. Of course as they announced in the press on 1st March that they were using 3.3% (47 days before the March figure was available), and as there letter stated CURRENT RPI is 3.3% (when it was 3.2%), they are clearly telling Porkys.

Plus amongst us we have written evidence that they have tried to claim they were using Januarys figure and were entitled to, now they have realised they can't and then March figure was published they have changed tack and saying they used March. Either way they are in Breach.

tylerdurdenk

After calling the 01707 315000 and asking to speak to Mr Swantee I got put through to the Excecutive department and spoke to a guy called Liam Walker, and I put my case to him.

After he had left me on hold while he got his details together he came back with the argument that as the price increase doesn't come into effect until the 10th of May, and that the RPI is now at 3.3% this means that they aren't in breach of contract.

I told him that this was beside the point, and that as they had written to me with notice of a 3.3% price increase while the actual RPI was at 3.2% that they WERE in breach, and any subsequent changes to RPI are nothing to do with the facts.

We were unable to come to an agreement, (and my knowledge of my legal rights ran out!) so I said I needed to have a think about how I would proceed.

Any ideas?

anna2007

tyler, I think your next step should be to email their Executive Office, so that you have a record of what's been said. If it helps, I've posted my email on here (#212, previous page), sent to EE on Saturday.

RandomCurve

I've just taken some legal advise on this whole issue and it is as follows:

Post October 2012 Contract:
The contract clearly says published on a date BEFORE they send written notice' therefore their defence that they can use "on a date published closest to written notice" does not stand up (which is what we all knew anyway).
I then asked that as this was such a blatant attempt to prevent me exercising my right to cancel which must have been passed by their legal team can I claim compensation on top of the cancellation - the answer was "possibly" as follows:
Supply of Goods and Services Act 1982 requires T-Mobile to exercise "reasonable care and skill" in its dealings under the contract - as they have not done so here you can claim for any loss incurred - you will probably have to take them to court, and you might not win, but worth knowing.

Pre Oct 2012 contract holders
Boatman is 100% spot on (post #232) the use of the word "ANY" rather than "THE" does mean you have to look at each of the 12 months RPI preceding notice and they can not go higher than the lowest one!!!

And as an aside I also checked that if you have requested termination on a specific date nad that has passed let T-Mobile know that you are only using their network because they have not adhered to their legal obligations to terminate and so until they do you are unable to find an alternative network (need a PAC and unlock code from them) and therefore you do not have to pay from the date you requested termination!!

Everyone Elsewhere
Don't get mad get EEven

tylerdurdenk

Thanks Anna, I'll make sure I do that as soon as I can.

RandomCurve - Thanks for the information. Do you have anything to add given my situation? I am yet to send any letters/emails, so perhaps this should be done....

stoney73

tylerdurdenk wrote: »

After calling the 01707 315000 and asking to speak to Mr Swantee I got put through to the Excecutive department and spoke to a guy called Liam Walker, and I put my case to him.

After he had left me on hold while he got his details together he came back with the argument that as the price increase doesn't come into effect until the 10th of May, and that the RPI is now at 3.3% this means that they aren't in breach of contract.

I told him that this was beside the point, and that as they had written to me with notice of a 3.3% price increase while the actual RPI was at 3.2% that they WERE in breach, and any subsequent changes to RPI are nothing to do with the facts.

We were unable to come to an agreement, (and my knowledge of my legal rights ran out!) so I said I needed to have a think about how I would proceed.

Any ideas?

Might I ask which options you chose after dialling the number? When choosing the t-mobile customer service, and then selecting the cancellation department, I only get the indian call centre which insists they have no ability to transfer me to the executive office.

I have sent 2 letters(via 1st class recorded) aswell as to emails to the executive office, with no response at all apart from automated acknowledgment of receipt of email.

Any ideas?