Tmobile price increase

anna2007

21Twinkle wrote: »

Has anyone managed to get anything other than a "read receipt" from Olaf ?

I think they'll most likely ignore all emails or delay responses from now on, to try and limit the number of complaints going to CISAS.

If you're trying to reach 'deadlock' and they've ignored you, email again requesting the deadlock letter by email - remind them they have an obligation to provide you with one if requested, under the Ofcom Approved Code of Practice for Complaints Handling, section 4c) - see page 50 here:

http://stakeholders.ofcom.org.uk/binaries/telecoms/ga/cvogc300710.pdf

and here:

http://stakeholders.ofcom.org.uk/binaries/telecoms/ga/complaints-handling-guidance.pdf

Make it very clear that your complaint is on the grounds of their breach of contract terms (clause 7.2.3.3), not the price rise itself, and is therefore within the remit of CISAS.

Give them a reasonable deadline to respond and tell them if they ignore you again, you will take your complaint to CISAS, on the basis that they've refused to give you a deadlock letter.

anna2007

aiutami wrote: »

I have been following this forum for several weeks now pretty much waiting for news that T-Mobile are finally giving in and will give us all a fee free cancellation. However the more I wait the closer I get to the 9th May deadline for cancellation.

It is time to take action

If there are others waiting for T-Mobile to back down, it's now unlikely they will do this by 9 May.

There's also a chance that, if/when they do back down after this date, cancellations will be limited to those customers who gave notice to cancel. So, aiutami's right - NOW is the time to take action.

Call Customer Services (150), and give notice to cancel under clause 7.2.3.3, i.e, you want to cancel without penalty as their price increase of 3.3% is higher than the relevant RPI of 3.2% (don't bother arguing over which RPI rate is the relevant one, just say you believe their increase is higher than RPI). They will tell you you can't cancel without paying a cancellation charge - tell them if they charge you they are in breach of contract. And that's it - you've given notice to cancel under 7.2.3.3 before the price change comes into effect. Take a note of the name/team number of the Advisor, date/time/duration of call, then put your notice to cancel in writing, giving details of your call, to:

[EMAIL="executive.office@everythingeverywhere.com"]executive.office@everythingeverywhere.com[/EMAIL]

You should get an automated response, acknowledging receipt of your email - you then have evidence that they've received your notice to cancel.

daveuk1

A couple of clarifications in reference to previous posts:

1. That stuff about unfair contract terms and the cancellation fee being a penalty is utter nonsense. Please do not waste your time or money relying on it. In short, T-Mobile's loss if you cancel is your line rental for the remainder of the minimum term. The charge is therefore a completely reasonable pre-estimate of their loss and is not a penalty. N.B. this point has nothing to do with your right to cancel under 7.2.3.3.

2. The breach (arguably) is T-Mobile's refusal to accept notice of cancellation. It is not the price rise in itself. A useful distinction if you want to sound like you know what you're talking about.

50Twuncle

I am now totally confused
I am considering whether to use this as a means to cancel my account...

But am I using the fact that EE are trying to increase my charges by 0.1% too much, am I using the "breach of contract" ?
or am I using the fact that EE have refused my notice of cancellation ?

anna2007

21Twinkle wrote: »

I am now totally confused
I am considering whether to use this as a means to cancel my account...

But am I using the fact that EE are trying to increase my charges by 0.1% too much, am I using the "breach of contract" ?
or am I using the fact that EE have refused my notice of cancellation ?

They can increase prices by as much as they like, but if that increase is more than RPI, even by 0.1%, 7.2.3.3 allows the customer to cancel without penalty. If they refuse you that right, they're in breach of contract for not complying with the term.

50Twuncle

So which am I using ?

anna2007

21Twinkle wrote: »

So which am I using ?

It's both, really - the breach of contract has happened due to them refusing your notice to cancel without penalty.

I'll post something here in the next hour to help you with the wording of your email. Did your contract start before or after 30 October 2012?

For contracts started after 30 October 2012:

Account Number xxxxxxxx

I received written notice from you on xx April 2013, regarding a price increase of 3.3% applicable to the price plan charge for mobile number xxxxx xxxxxx, effective from 9 May 2013.

[Add details here of your telephone call to Customer Services giving notice to cancel under 7.2.3.3 - name/team number of Advisor, date/time/duration of call, and what was said]

Clause 7.2.3 of the terms and conditions (Version 59, dated October 2012), states that a cancellation charge won't apply if I am within the minimum term and:

"7.2.3.3. The change that We gave You Written Notice of in

point 7.1.4 is:

(i) an increase in Your Price Plan Charge (as a percentage) higher than any increase in the retail price index (also calculated as a percentage) or any other statistical measure of inflation published by any government body authorised to publish measures of inflation from time to time, and published on a date as close as reasonably possible before the date on which We send You Written Notice; and

(ii) You give Us notice to immediately cancel this Agreement before the change takes

effect".

As your written notice was received by me on xx April 2013, the relevant RPI rate, as per clause 7.2.3.3, is the one published by the Office of National Statistics on 19 March 2013, at 3.2%. As your price increase of 3.3% is higher than the relevant RPI rate of 3.2%, there can be no dispute that I am within my rights to cancel this agreement without penalty.

I hereby give you notice to immediately cancel the agreement before the change takes effect. I consider any refusal on your part to action my request in accordance with 7.2.3.3 to be a clear breach of contract. I therefore require you to provide written confirmation that this agreement will be cancelled immediately by you, without penalty to me.


For contracts started before 30 October 2012:

Account Number xxxxxxxx

I received written notice from you on xx April 2013, regarding a price increase of 3.3% applicable to the price plan charge for mobile number xxxxx xxxxxx, effective from 9 May 2013.

[Add details here of your telephone call to Customer Services giving notice to cancel under 7.2.3.3 - name/team number of Advisor, date/time/duration of call, and what was said]

Clause 7.2.3 of the terms and conditions (Version 58A dated November 2010), states that a cancellation charge won't apply if I am within the minimum term and:

7.2.3.3 "The change that We gave you Written Notice of in point 7.1.4 is an increase in Your Price Plan Charge (as a percentage) higher than any increase in the Retail Price Index (also calculated as a percentage) for the 12 months before the month in which We send You Written Notice and You give Us notice to immediately cancel this Agreement before the change takes effect.".

Your written notice states that you are increasing your prices due to inflation, and that you have used the Retail Price Index (RPI) which is currently at 3.3%. Having checked the Office for National Statistics' data, the latest RPI percentage rate, as at xx [date you received written notice] April 2013, is for February, released on 19 March 2013 (i.e. for the 12 month period before your written notice was sent) and stands at 3.2%.

As your price increase of 3.3% is higher than the relevant RPI rate of 3.2%, I am within my rights to cancel this agreement without penalty.

I hereby give you notice to immediately cancel the agreement before the price change takes effect. I consider any refusal on your part to action my request in accordance with 7.2.3.3 to be a breach of contract. I therefore require you to provide written confirmation that this agreement will be cancelled immediately by you, without penalty to me.


If your contract started on 30 October 2012, I'm not sure what you should do, as neither set of T&C's seem to apply!

anna2007

For those preparing your CISAS application, remember you can claim compensation for your time, and any stress and inconvenience relating to the poor customer service you have received. The attached is a good guide to what might be a reasonable amount to claim:


http://www.cisas.org.uk/media/text/CISAS-case-studies-compensation-

Also, you're required to enter a total value for your claim - it's important not to understate this amount (have a look at case study no. 12:07 as an example). If CISAS find in your favour, they will only agree to pay out to the maximum amount on your application form.

To avoid this, I entered the total value of my price plan charges to the end of the minimum term (plus an amount for compensation), but stated in my application summary this was because I didn't know how long the dispute would take to resolve, and that I only expected to be refunded the actual amount paid by me between the date I gave notice to cancel and the date the dispute is settled.

50Twuncle

anna2007 wrote: »

It's both, really - the breach of contract has happened due to them refusing your notice to cancel without penalty.

I'll post something here in the next hour to help you with the wording of your email. Did your contract start before or after 30 October 2012?

For contracts started after 30 October 2012:

Account Number xxxxxxxx

I received written notice from you on xx April 2013, regarding a price increase of 3.3% applicable to the price plan charge for mobile number xxxxx xxxxxx, effective from 9 May 2013.

[Add details here of your telephone call to Customer Services giving notice to cancel under 7.2.3.3 - name/team number of Advisor, date/time/duration of call, and what was said]

Clause 7.2.3 of the terms and conditions (Version 59, dated October 2012), states that a cancellation charge won't apply if I am within the minimum term and:

"7.2.3.3. The change that We gave You Written Notice of in

point 7.1.4 is:

(i) an increase in Your Price Plan Charge (as a percentage) higher than any increase in the retail price index (also calculated as a percentage) or any other statistical measure of inflation published by any government body authorised to publish measures of inflation from time to time, and published on a date as close as reasonably possible before the date on which We send You Written Notice; and

(ii) You give Us notice to immediately cancel this Agreement before the change takes

effect".

As your written notice was received by me on xx April 2013, the relevant RPI rate, as per clause 7.2.3.3, is the one published by the Office of National Statistics on 19 March 2013, at 3.2%. As your price increase of 3.3% is higher than the relevant RPI rate of 3.2%, there can be no dispute that I am within my rights to cancel this agreement without penalty.

I hereby give you notice to immediately cancel the agreement before the change takes effect. I consider any refusal on your part to action my request in accordance with 7.2.3.3 to be a clear breach of contract. I therefore require you to provide written confirmation that this agreement will be cancelled immediately by you, without penalty to me.


For contracts started before 30 October 2012:

Account Number xxxxxxxx

I received written notice from you on xx April 2013, regarding a price increase of 3.3% applicable to the price plan charge for mobile number xxxxx xxxxxx, effective from 9 May 2013.

[Add details here of your telephone call to Customer Services giving notice to cancel under 7.2.3.3 - name/team number of Advisor, date/time/duration of call, and what was said]

Clause 7.2.3 of the terms and conditions (Version 58A dated November 2010), states that a cancellation charge won't apply if I am within the minimum term and:

7.2.3.3 "The change that We gave you Written Notice of in point 7.1.4 is an increase in Your Price Plan Charge (as a percentage) higher than any increase in the Retail Price Index (also calculated as a percentage) for the 12 months before the month in which We send You Written Notice and You give Us notice to immediately cancel this Agreement before the change takes effect.".

Your written notice states that you are increasing your prices due to inflation, and that you have used the Retail Price Index (RPI) which is currently at 3.3%. Having checked the Office for National Statistics' data, the latest RPI percentage rate, as at xx [date you received written notice] April 2013, is for February, released on 19 March 2013 (i.e. for the 12 month period before your written notice was sent) and stands at 3.2%.

As your price increase of 3.3% is higher than the relevant RPI rate of 3.2%, I am within my rights to cancel this agreement without penalty.

I hereby give you notice to immediately cancel the agreement before the price change takes effect. I consider any refusal on your part to action my request in accordance with 7.2.3.3 to be a breach of contract. I therefore require you to provide written confirmation that this agreement will be cancelled immediately by you, without penalty to me.


If your contract started on 30 October 2012, I'm not sure what you should do, as neither set of T&C's seem to apply!

Brilliant - thanks

boatman

Got an email back......

Thank you for your email in regards to our recent price increase.

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 customer's would have been entitled to cancel their contracts but as this is not the case cancellation of your contract without penalty is declined.

I trust the above is of assistance.