Tmobile price increase

d123

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 !!

The phone is yours (it wan as inducement to sign the contract) and it is T-Mobiles actions that have caused the breach to allow termination. You are completely within your rights to retain the handset.

If you terminate, you can then sign up to a sim only deal with another network with your same number via PAC number transfer (or even T-Mobile again, if you don't mind losing your number or doing a double PAC).

adamoneill88

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 was offered a reduction of my price plan a a couple of weeks ago after a long drawn out conversation with customer services. If you are not interested in terminating the contract it might be a good idea to give them another call to negotiate a better deal. They offered me to 2013 price plan rates and I told them to RAM IT!

nivag1961

21Twinkle wrote: »

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

That is a problem... but not an insurmountable one.... I tried to cancel by phone on the 5th... they refused... Indeed unless I agreed to the charge there and then they would not even put me through to 'Cancellations'... so I cancelled in writing on the 7th and even have a reply from them on 13th (which is before publication) denying and thereby acknowledging said request. Pretty cast iron as to the facts.. and puts me in as good a position as possible. Basically I wanted to leave on moral grounds, I felt the rise was fundamentally unfair when you look at their profits and the dividends they pay out.

I was cancelling on the basic principle that the term is unfair (unfair terms act and consumer legislation on unfair terms and common law) and that the cancellation charges were and are punitive and therefore non enforceable under UK Law)...

In UK Law (England and Wales) a contract may contain Liquidated Damages but if they are found to be unrealistic estimation of actual anticipated costs they are completely struck out... (They can be wrong and excessive but at the time of estimation they must be reasonable). They become penalty clauses if not reasonable estimations and they are absolutely illegal.. One may not even agree to them in a contract if one wishes to.

Does anyone really think me paying the full account for the full term when not using it for 3/4 of that term AND when I return the handset is reasonable cancellation charge??? Nope..? Then nor will a court and that makes them punitive... 'end off' to coin a legal phrase...

trouble is no one ever bothers to challenge these things... I do and I tend to do OK. Big companies can be challenged in little courts... the law is the same... They ALWAYS settle on points like this because losing then would be catastrophic. Courts very much favour the little guy and if there is a way to find for them legally they often will. Big companies can not afford to lose due to the adverse publicity so they tend to settle.... Either way it cost you £25!!!!

Be honest, how many of you on this topic are going to do what I am doing and actually sue T Mobile? IOt can be done online (moneyclaim) and really is good fun.

I urge you all to make the best case you can. drop T Mobile, pay the fines and sue for recovery of your cash.. That puts them on the back foot, not you having debt collectors calling and who give not a toss for the facts...

I already have a new contract WITH T MOBILE WITH THE SAME NUMBER and shall be suing them the moment they take my 'Last Payment' (including £190 penalty)... Instead of reading the writing on the wall and letting me out as 'a gesture of goodwill' (and they have this provision in the terms) they will lock horns with me and they will lose.... But they will leave it till the final days to make their 'without admission of guilt offer'....

I Know T Mobile are reading this and I know you will know who I am.... Bring it on boys... bring it on and I will drop your pants and spank yew butts....

If anyone does decide to do this I shall be very pleased to help them.... I don't charge.

Anyone who saw my letter of the 7th will get what I mean.

I lent consideration to the 7.2.3.3 thing only after reading one of the posts herein, so thanks for that... No harm in having extra ammo.

So part by luck and part by good looks and handsomeness I have managed to cancel during the period between April 1st and 16th.. I feel anyone who has done this has a very good case. I feel for that matter anyone who cancels before the 9th May also has a good case because the increase was based on a guess at RPI for March or inside knowledge... either way not on actual published RPI...

To summarise:
1. Rise was not based on RPI because it could not have been
2. Rise was higher the "any" previous rise in year (thanks to another poster for that)
3. Rise term is basically an unfair term. (I can give your statutes if you want)
4. Cancellation charges are punitive and not accurate LDs.

I submit that these are substantial and reasonable arguments and at least one will succeed... If not I lose £25. If I am right T Mobile get to go on Watchdog... Booyahhh

Please bear in mind I am not always right... Once in 1973 I mistakenly thought I was wrong about something but subsequently proven to be right.

:beer:

nivag1961

adamoneill88 wrote: »

I was offered a reduction of my price plan a a couple of weeks ago after a long drawn out conversation with customer services. If you are not interested in terminating the contract it might be a good idea to give them another call to negotiate a better deal. They offered me to 2013 price plan rates and I told them to RAM IT!

No, not me I bought from a third party and their terms require full term with provider. Besides. I really am not trying to get betterment of any kind. My aim is to expose T Mobile for the cheating Bas***ds that they are... simples

anna2007

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

For those of you at the stage of preparing your application to CISAS, please don't be tempted to question T-Mobile's latest position of guessing the RPI rate, it is, after all, a (ludicrous) business decision that they have made. Stick to breach of the contract terms and, by all means, state that the RPI rate of 16 April has no relevance whatsoever to clause 7.2.3.3.

If T-Mobile have chosen to go down this route, then let them keep digging a bigger hole for themselves. I'm sure that such a risky business decision will have been discussed at the highest level within EE/T-Mobile, and they will be able to provide the evidence to support their claim when CISAS requests it

shedder101

have just received this email thought you might like to see it

Hello ****,

Many thanks for your email about T-Mobile and first of all please accept my apologies for the delay in responding.

1000's of consumers have contacted us in relation to this and because of this feedback, Which? started a Campaign, called "Fixed Means Fixed", you may wish to look at this here:-

http://www.which.co.uk/campaigns/technology/fixed-means-fixed/

Meanwhile, I have recorded your comments on our consumer feedback database. Feedback (good or bad) helps us understand the problems and issues consumers face. They are also helpful with research and testing. We rely on your opinion to continue publishing relevant and helpful information and I will make sure that your comments are passed on to our researchers. Of course, if they need further information or help from you they will be in direct contact.

Thank you for sharing this with me and if there is anything else you wish to share, please do so at any time by email. Alternatively, you can call our Customer Services Department on 01992 822800 (Monday-Friday 8.30am-6pm and Saturday 9am-1pm).

On a last note, as we record all forms of contact from members (and I am unable to locate a membership through your email address), if you could quote your membership number in future I would be grateful.

Regards,




Ann Bartlett
Service Support Adviser
Which?

d123

nivag1961 wrote: »

Does anyone really think me paying the full account for the full term when not using it for 3/4 of that term AND when I return the handset is reasonable cancellation charge???

The only issue here is your wish to return the handset, this is not covered by the contract and (at least while I worked for them) there is no method or structure to do this.

They have never had a trade in or return service from customers and so won't actually be able to deal with it, basically "computer says NO".

Even if you were to return it unsolicited, it would probably be returned to you, pocketed by someone or binned.

anna2007

I've received a very interesting email earlier today (unfortunately I can't say who from due to confidentiality - it states that the email, not just the content, is confidential), but let's just say things are definitely looking up, and our friends at the EE Executive Office should soon be sweating it out even more than of late

anna2007

And I've just had confirmation from CISAS that my complaint has been accepted :T

T-Mobile has until 13 May to respond.

It's all happening today!

50Twuncle

anna2007 wrote: »

I've received a very interesting email earlier today (unfortunately I can't say who from due to confidentiality - it states that the email, not just the content, is confidential), but let's just say things are definitely looking up, and our friends at the EE Executive Office should soon be sweating it out even more than of late

Please PM me if you like.....