Tmobile price increase

anna2007

The Register has now published an article, see here:

http://www.theregister.co.uk/2013/04/30/t_mobile_price_change/

I didn't contact them (the Inquirer told me about the story), so down to another miffed T-Mobile customer this time!

powerful_Rogue

Ok, received the following email today from EE.

Thank you for your email dated 28 April 2013 addressed to Olaf Swantee, Chief Executive officer of EE. I have been asked to respond on Olaf's behalf and keep him informed of the outcome.

Please be advised that 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 on 16 April 2013. 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 9th May 2013.

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 and paying any cancellation charge that may apply.

While I appreciate this is not the response you were hoping for, I trust I have clarified EE's position regarding this matter.

Yours sincerely

Matthew Robson

This is my draft reply. Sound ok?

Matthew,
I do not find your excuse acceptable. You are stating that a company as large as Everything Everywhere would "guess" what the RPI is for a given month to base its increases on. This is totally unbelievable. Would EE also cancel its memberbase had the guessed RPI been lower?

Let's talk common sense. T-Mobile announced the price rise in March and it has been confirmed previously by speaking to your call center staff that the February RPI was used. Also in your letters you talk about the "current RPI being 3.3%", not the predicted RPI. The RPI in force at the time I received my letter in April was for the previous month and as 3.2%.

As such I demand my contract be cancelled as you have breached your terms and conditions and explained why in all of my previous communication.

Failing that, I request a letter of deadlock so the matter can be taken forward with CISAS.

Regards

Chimper

boatman wrote: »

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.

I've also had the same email, with the following added
"Your request to refer this to CISAS is declined as we believe this matter falls outside the scope of the scheme."

Since when can T-Mobile decide that a breach of contract is outside the CISAS scheme.

ruflonger

Chimper wrote: »

I've also had the same email, with the following added
"Your request to refer this to CISAS is declined as we believe this matter falls outside the scope of the scheme."

Since when can T-Mobile decide that a breach of contract is outside the CISAS scheme.

You can start your complaint with CICAS via their website, there is a form to fill in and you will receive and acknowledgement email with the details you provide and a reference number. This response is just T-Mobile are trying discourage you doing so by stating you don't have a case. I have had a conversation with OFCOM who have registered my call as a complaint and said it was a case I could pursue with CICAS

Chimper

ruflonger wrote: »

You can start your complaint with CICAS via their website, there is a form to fill in and you will receive and acknowledgement email with the details you provide and a reference number. This response is just T-Mobile are trying discourage you doing so by stating you don't have a case. I have had a conversation with OFCOM who have registered my call as a complaint and said it was a case I could pursue with CICAS

I've just tried again with T-Mobile pointing out their obligation to issue a deadlock letter, unless they now want to cancel my contract .

I've also asked CISAS to confirm that the fact that T-Mobile have confirmed their position can be taken as a deadlock. Ofcom tell me that it can while CISAS suggested waiting the 8 weeks or possibly have the complaint rejected.

ruflonger

Chimper wrote: »

I've just tried again with T-Mobile pointing out their obligation to issue a deadlock letter, unless they now want to cancel my contract .

I've also asked CISAS to confirm that the fact that T-Mobile have confirmed their position can be taken as a deadlock. Ofcom tell me that it can while CISAS suggested waiting the 8 weeks or possibly have the complaint rejected.

Lack of acknowledgement by T-mobile or non communication also constitutes deadlock, as I understand it

ruflonger

From CICAS Case studies:03:02 Renewal letters

T’s two renewal letters were confusing, T had not made it clear which service plan and charges applied to C. C believed he had been
overcharged. T’s complaint procedure was poor and confusing, also C’s letters were not responded to. For T to apply debt recovery
procedures was wrong as C had been a long standing customer and the dispute was genuine. It caused C distress and inconvenience
and affected his credit rating. T was directed to apologise to C, pay compensation, amend C’s payment record to show that there has
been no bad debt and reinstate C’s former credit rating.

'T’s complaint procedure was poor and confusing, also C’s letters were not responded to.' I wonder if that was T-Mobile ?

:think:

RandomCurve

The lasted T-Mobile dirty trick please take note because they will probably try this on all of us.

I have received a letter (not an email so I'll have to paraphrase) from T-Mobile customer services that basically says

"further to your request to terminate here is your PAC code. You need to give 30 days notice which starts from the when you contacted us to cancel. Once the PAC code is used if I am still within minimum contract then an early termination charge applies"


So here are the dirty tricks (the one I've spotted anyway- these guys are as trustworthy as a basket of vipers):

1. There is no mention as to why I requested a code only that I requested a code.
2. If you use the code they will charge an early termination because the basis you are using the code is as per the letter sent, this is irrespective of the fact that you (like I) have clearly stared that you want to terminate immediately penalty free for breach of contract
3. If you ignore the letter once the 30 day have elapsed they will take that as evidence that you want to stay with T-Mobile, regardless that you have already asked them to comply with the contract and terminate because of the breach -I.e you lose your right to cancel because of the breach

Now I could be wrong about some of the stuff above, but I'm taking no chances - and neither should you so this what you do:
Send a photocopy of the letter and a copy of your request to terminate for breach to customer services and simply say,

"Your letter does not in any way correspond to my request to cancel without penalty due to T-Mobiles Breach of contract. Therefore this is to advise that my original request to terminate the contract with immediate effect without penalty still stands. Also note that I am dealing with the Executive office on this matter and any further communications from Customer Services are null and void from a legal perspective. In future I will only deal with the Executive office."


Then email the executive office attaching:

1. a copy of the letter received from Customer services,
2. Your response and
3. your original request to cancel and state:

"Further to the attached letter received from customer services and my response please note that for the avoidance of doubt any cancellation request received by T-Mobile from me is in respect of your Breach of contract (as per my original termination request attached), and therefore termination should be without penalty as per the contract. Only letters and emails received from the executive office will be deemed to have any legal authority and correspondence from Customer Service will have no legal impact on my claim."

Don't get mad get EEven

RandomCurve

powerful_Rogue wrote: »

Ok, received the following email today from EE.



This is my draft reply. Sound ok?

Sounds as good as any other that they will kick into the long grass! If we are honest this is not going to get resolved unless someone big gets involved - ONS/OFCOM/News agencies, or until 9th May has been and gone as they are keeping a lid on things.

Only thing I would add is:
"if I have to write or call T-Mobile again on this matter then as T-Mobile are making me work to enforce my contractual rights I will charge T-Mobile for my time from this point forward".

I see T-Mobile have changed the word OR to AND as we had put on the forum earlier. Anybody with an OR letter should take note and cancel on the strength of that letter ("or gives 30 days notice") citing that T-Mobile have now closed that option in its latter letters. Also proof me thinks that our good friends at T-Mobile are monitoring this forum - Hello Mr Swantee :wave: - will you ever respond to us?


"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 and paying any cancellation charge that may apply. "

arturbdg

Don't you think it would be better to find one person that would take the lead (ideally with some law background) that would make one letter and everyone that does intend to cancel the contract just provide the details to this person (ie contract name, phone number) and then write one letter to T-Mobile that we are giving them a chance to allow us to leave under the terms and conditions free of charge and if not we will make joint application to CISAS and court if needed as T-Mobile is in breach of the contract and as I mentioned it privately to anna2007 there is serious point that T-Mobile or EE omitted for the time being and that one thing put their latest advice (that they have anticipated RPI) out of the question - bear in mind I mentioned it privately just to keep it private as it does give you big advantage but as with everything you can twist things around if you like - and they have this information at their own website and it is available to see for everyone which obviously make it hard to deny.

I think that they can ignore one person here and there and all you can do is write your own letters as such, but if you drop at them a joint letter or should I say statement with - I don't know - 400 or 500 contract details then they will not be able to ignore it as such as if you look at various cases from the past it is usually that joint action brings immediate results.

Also I am quite sure that there are quite a lot of people who would be keen to go for it but they don't have time, are afraid or don't know how to stand up to T-Mobile.

Artur