Tmobile price increase

RandomCurve

21Twinkle wrote: »

Received from EE - An admission that they did not follow the rules ?

Thank you for your email.The written notice that was issued in early April 2013 was sent without knowledge of what the actual March RPI figure would be until published on 16 April 2013, however, this increase in charges is not an increase above the published month March RPI figure of 3.3% and does not give the customer a right to cancel. This was a risk that we took as a business as to what figure would be published on 16 April 2013 but that was our risk to take as a business and does not give the customer the right to cancel. As a business we anticipated the RPI figure for March, if it had been lower than expected customers would have been entitled to cancel their contracts but as this is not the case, cancellation of your contract without penalty is declined.As you have reached the end of our escalation process, if you wish to take this matter further you will need to seek external advice.Yours sincerelyJonathan BaillieExecutive Office, EE

What a brilliant letter from T-Mobile, when I first read the post I was literally speechless for 5 minutes. Throughout this saga we have been told:
It was based on January,
It was based on February,
It was base on March and now:
It was a guess!!

I think there is more than enough evidence now to get a termination without penalty, but the thing I find interesting is that in their desperation the board are effectively stating that they are UNFIT TO HOLD OFFICE. This is because directors have a legal responsible to the Company, and shareholders and its' financers. A director also needs to be fit and proper and has a:

Duty to exercise reasonable care, skill and diligence
This duty codifies the common law rule of duty of care and skill, and imposesboth ‘subjective’ and ‘objective’ standards. You must exercise reasonable care,skill and diligence using your own general knowledge, skill and experience(subjective), together with the care, skill and diligence which may reasonablybe expected of a person who is carrying out the functions of a director(objective). So a director with significant experience must exercise theappropriate level of diligence in executing their duties, in line with theirhigher level of expertise.
Playing roulette with customer contracts does not demonstrate any of the above and as EE can only effectively continue to operate because of the loans I think the decision to "guess" shows a complete disrespect for the company (and I thought it was just us customers they treated with contempt) and shareholders will look to remove the Board, and Banks will seek to increase interest rates to reflect he increased risk these directors pose. I really don't think any director of EE will stand up in a court of law and say they took a risk on RPI - especially as they only had to wait 10-15 days. think we should still pursue a potential ONS leak (Anna2007) as they may have just said it was a risk to head of an investigation!

RandomCurve

powerful_Rogue wrote: »

Thanks everyone. Just sent another email to everyone on the previous pages email address.

Hopefully that may get some replies!

It must be chaotic at EE headquarters as they are also dealing with the change of T&C's for Orange customers without notifying them! https://forums.moneysavingexpert.com/discussion/4517039

Shame really, T-Mobile used to be such a great company until EE got involved and dragged it down to Oranges level.

I've said previously that am also having the "changed terms and conditions" battle with Orange, but what I have not told you is that until February 2012 I had Orange Home Broadband (cancelled in accordance with the contract), and last week they took a payment for April!!

Was I Born lucky??? :think:

50Twuncle

RandomCurve wrote: »

I've said previously that am also having the "changed terms and conditions" battle with Orange, but what I have not told you is that until February 2012 I had Orange Home Broadband (cancelled in accordance with the contract), and last week they took a payment for April!!

Was I Born lucky??? :think:

Use your direct debit guarantee

RandomCurve

21Twinkle wrote: »

Use your direct debit guarantee

I will later, need to sort out the mobile stuff first!!

RandomCurve

I've just sent the following to various newspapers.

EE Directors admit t​aking "Roulette" Ris​k with Contracts​

Further to my email of 25-4-13 at 22:46, this story is now starting to break and it would be a shame if you missed the opportunity to help your readers.

The following is a link to the inquirer, http://www.theinquirer.net/inquirer/news/2264454/tmobile-allegedly-breaches-its-cancellation-policy so that you can see their article, but there is a vital part of the story missing – and T-mobile have come up with an even more absurd rationale for why they have not breached their contract which casts doubt on if the directors are fit and proper persons to hold office – I think the whole Board may be “asked” to resign soon.

Vital part missing:
There are two T-Mobile contracts – the story in the inquirer related to PRE October 2012 contracts, however anyone with a 1st Nov 2012 onward contract has the following price rise clause (blue is taken from T-Mobiles email to me – red is my response):

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. (Note the T&Cs include the word “before” definition* “earlier than the time when….”)

And their rationale as to why they are not in breached is:

We wrote to our customers between 02 April and 08 April 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. (You have replaced the word “before” in your T&Cs with the word “To” in your rationale - I can find no reference document that suggests that the two words are synonymous - definition* “Having the same meaning”).

FYI the timeline of events is as follows:
19th March 2013Feb RPI published (3.2%)
6th April 2013Price increase letter from T-Mobile arrives stating CURRENT RPI is 3.3% (???)
16th April 2013March RPI published (3.3%)
This clearly shows that that 19th March is BEFORE 6th April, whilst 16th April is AFTER 6th April. So a clear breach but T-Mobile still will not allow customers to cancel without penalty!

Are Board Fit and Proper?
T-Mobile have tried various tactics to try and persuade customers that they are in the rights to use 3.3% - all of which have been shot down so the latest one is:

Thank you for your email. The written notice that was issued in early April 2013 was sent without knowledge of what the actual March RPI figure would be until published on 16 April 2013, however, this increase in charges is not an increase above the published month March RPI figure of 3.3% and does not give the customer a right to cancel. This was a risk that we took as a business as to what figure would be published on 16 April 2013 but that was our risk to take as a business and does not give the customer the right to cancel. As a business we anticipated the RPI figure for March, if it had been lower than expected customers would have been entitled to cancel their contracts but as this is not the case, cancellation of your contract without penalty is declined. As you have reached the end of our escalation process, if you wish to take this matter further you will need to seek external advice.
Yours sincerely

Jonathan Baillie Executive Office, EE

Would you like to question the T-Mobile (EE) board on how they could take such a reckless risk? This is clearly nonsense and the ONS have been contacted to find out if a leak has occurred, as the board had prior knowledge – or they are not fit to run a company.

Regards

Has anybody told OFCOM that EE admit playing roulette with contracts? I won't have time until Wednesday now:(

shedder101

nivag1961 wrote: »

I am sending the phone back to them. It was not my intention to get a free phone and it would look bad on me in Court if I appeared to profit from the matter.

i agree with you and my phone wernt the phones i had with my contracts, they were phone i purchased open to all networks.

the only thing t mobile had was my IMEI number from the last telephone i used there sim with, they have not mentioned returning the original telephones and deny even blacklisting mine

RandomCurve

Just read OFCOMs brief - don't think I'll bother with them.

I have emailed Watchdog and Which with T-mobiles latest idea that they made up 3.3% -which is strange as they announced in the press on 1st March at the same time as Orange - and Orange were referring to January while T-Mobile were taking a guess. Is it the same company? do they have the same Board?

Another question for T-Mobile is if they had just taken a guess, then when customers wrote to them before 16th April why was the response not as follows:

"Thank you for your letter, but at this stage you can not challenge the 3.3% increase as T-Mobile have taken a business decision to anticipate the March RPI. Once the figure is published on 16th April we will obviously - as a reputable company - honour your right to cancel the contract without penalty should the published RPI be lower than 3.3%"

Did anybody receive a reply along those lines before 16 April?

Additionally if they were anticipating RPI the original letter should have read "Anticipated RPI 3.3%"; mine definitely says ".....which is Currently at 3.3%".

Anybody know if a contract can be voided because one party constantly tells lies?

d123

21Twinkle wrote: »

That's the problem - I did not request termination - I just want NO PRICE INCREASE! !

That could be a problem for you (and I suggest you rectify ASAP) the terms don't allow for refusing the increase and carrying on as before. The terms only allow for immediate rejection and termination.

If you wish to continue with termination you need to advise them, as per T&Cs, before the increase comes into force.

50Twuncle

d123 wrote: »

That could be a problem for you (and I suggest you rectify ASAP) the terms don't allow for refusing the increase and carrying on as before. The terms only allow for immediate rejection and termination.

If you wish to continue with termination you need to advise them, as per T&Cs, before the increase comes into force.

I don't want to carry on with the termination - I just want the price to remain the sane as previously
So you reckon that if I do nothing - my contract will stop - do you ?
Fair enough - if EE want to cancel my contract - it will be their loss
I have an expensive Samsung Note phone, that was supplied to me at reduced cost as part of the deal (£14.88 per month) - which I am keeping !!

ruflonger

21Twinkle wrote: »

I don't want to carry on with the termination - I just want the price to remain the sane as previously
So you reckon that if I do nothing - my contract will stop - do you ?
Fair enough - if EE want to cancel my contract - it will be their loss
I have an expensive Samsung Note phone, that was supplied to me at reduced cost as part of the deal (£14.88 per month) - which I am keeping !!

I have sent you a PM