Tmobile price increase

ruflonger

I have been following this thread but posting here but on consumer action group. But thought you guys might be interested in know my experience today.

Not hearing anything from T-Mobile called today. told them I had called, written and emailed T Mobile on a number of occasions and had no response so wanted to find out the current situation. Was on hold for about 5 mins and came back to tell me that T Mobile legal are still looking into it. However they had reviewed my contract and could offer more minutes and more text etc for the original price of the monthly contract without the rise. I refused and stated I will wait until I eventually hear from T Mobile customer complaints. They obviously concerned enough to make such offers

daveuk1

stoney73 wrote: »

Would they still be in breach of the Pre-October '12 Ts & Cs?

Sorry - that should have read pre-October. Will amend post. MKust admit I haven't looked closely at the post-October Ts & Cs (selfishly as they don't apply to me!) but my understanding is that they are phrased in such a way that T-Mobile have removed the ambiguity from which they now stand to benefit on the pre-October terms and therefore hung themselves.

edit: Have just looked at the post-Oct Ts & Cs. In short, TM are stuffed. Clear as day. Refers to the RPI data published "on a date as close as reasonably possible before the date on which We send You Written Notice". Notwithstanding that that still isn't actually correct English, it's not debatable that the relevant RPI here is that published by the ONS on 19 March, i.e. 3.2%.

RandomCurve

Quote from daveul1 : Only that you're dealing with someone who clearly doesn't appreciate the implications of the nuances of language! They obviously meant "and" not "or" but I can't see that one rep's lack of linguistic sophistication would be binding on T-Mobile in any event, I'm afraid.

You may be right but the letter with that term in it begins:

"Further to our conversation on the 18 April 2012, I am writing to confirm the following. The information below has been forwarded by our Legal Department."

so not just one rep.

Please don't take this the wrong way - you are right to play devils advocate on this as it would be easy for us to get carried away with our own sense of righteousness, but do you work for T-Mobile? -just seen your early post -you don't work for T-Mobile - Sorrt

daveuk1

RandomCurve wrote: »

Quote from daveul1 : Only that you're dealing with someone who clearly doesn't appreciate the implications of the nuances of language! They obviously meant "and" not "or" but I can't see that one rep's lack of linguistic sophistication would be binding on T-Mobile in any event, I'm afraid.

You may be right but the letter with that term in it begins:

"Further to our conversation on the 18 April 2012, I am writing to confirm the following. The information below has been forwarded by our Legal Department."

so not just one rep.

I take the point and they may all be morons but the bottom line is that I don't think it enhances your contractual position. By which I mean that if you relied on it (solely) to cancel your contract, I wouldn't fancy your chances of a CISAS/court determination in your favour on that basis alone.

RandomCurve wrote: »

Please don't take this the wrong way - you are right to play devils advocate on this as it would be easy for us to get carried away with our own sense of righteousness, but do you work for T-Mobile?

Fair comment. Full disclosure: I spent several years working in the mobile industry, including three months for T-Mobile in 2004. I have no loyalty towards them as an ex-employee or a customer. I've been a customer for about 10 years, although now on EE. I'm interested in this issue because (a) my wife has an affected pre-Oct 2012 contract which I was looking at cancelling due to this; and (b) I'm a lawyer (though all the usual disclaimers apply i.e. that nothing that I post constitutes legal advice in any way, nor can anyone rely on it).

I'm not so much playing devil's advocate as articulating my stream of consciousness opinion on the contractual position. I'm now leaning towards not bothering trying to argue this with T-Mobile because my feeling is that they'll eventually navigate their way through the very lucky hand they've been dealt, as there are signs that they're now doing. If anyone's interested, I'm probably going to take the less-attractive-but-not-terrible alternative route of switching the missus using their Swap to 4GEE (can't post links so you'll have to Google) which allows you to switch to a new handset a sign a new contract without paying an ETF for your current contract, if you're eligible.

tr26

Just had another email from the Executive Office:

"Thank you for your recent responsive email. I appreciate the time you have taken in this matter.

Your reference to the online address provided is acknowledged. 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 these terms and conditions state that the relevant rate of RPI will reflect the 12 month period before the month in which we send customers written notice. We wrote to our customers between 02 April and 08 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 therefore reflect the period 1 April 2012 to 31 March 2013.

The Office of National Statistics published its official rate of RPI for this period in April. The official measure of RPI for this period is 3.3%. This is in line with the 3.3% price increase that will 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 the cancellation charge that may apply.

I trust that the above clarifies the position we have taken in this matter.

Yours sincerely

Colin Peters
Executive Office, EE"

50Twuncle

tr26 wrote: »

....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 the cancellation charge that may apply.

This implies that we if we want to end the contracts, we can EITHER give 30 days notice or pay the cancellation charge - I am now totally confused !!!
Does this apply to all cases - ie Myself, who took out a 2 year contract in June 2012 with a phone - that I contributed towards - included in the £15 per month deal ??

shedder101

its been the argument all along, T mobile think they are right so wont do anything in writing to change that.

people on here and consumer forum think they have a case so do i and i have cancelled. T mobile think if they say it often enough it must be right.

i believe in what i have done is right, i have interpreted the T&C as a layman so will take my chance in court i dont think it will get there but if it does so be it

d123

T-Mobile seem to have turned off the exec office email. Tried twice to send a final email before CISAS.

22 April 2013 14:03
This is an automatically generated Delivery Status Notification.

Delivery to the following recipients failed.

executive.office@everythingeverywhere.co.uk

22 April 2013 15:59
This is an automatically generated Delivery Status Notification.

Delivery to the following recipients failed.

executive.office@everythingeverywhere.co.uk

stoney73

d123 wrote: »

T-Mobile seem to have turned off the exec office email. Tried twice to send a final email before CISAS.

I've sent 3 emails, and sent my 2nd and 3rd letters off today. Had zero response other than the automated email acknowledgement from Exec Office. Wondering what to do next...

EDIT: just tried the exec office email, received an acknowledgement. Temporarily down for you?

daveuk1

d123 wrote: »

T-Mobile seem to have turned off the exec office email. Tried twice to send a final email before CISAS.

Shouldn't that address have a .com extension?