Tmobile price increase

powerful_Rogue

My follow up to the crazy email above! I know I wont get anywhere, I just need a letter of deadlock or they fact the refuse to communicate any further.

Matthew,

Thank you for your swift reply.

If T-Mobile/Everything Everywhere are taking the ridiculous stance that they guessed the RPI figure, please can you answer my following questions.

1) When the rise was announced on the 1st March, why was the RPI figure of 3.3% quoted. Did EE make this "guess" of a figure at least 10 weeks before it was released?
2) Why were T-Mobile customer service staff stating the 3.3% RPI figure was based on the month of February? Why did they not inform customers that management had guessed this figure?
3) Same also applies to your T-Mobile facebook team that also quoted the 3.3% RPI figure as being that of February - Screenshot attached.
4) Why when all the increase letters were sent out did they say "RPI is currently 3.3%" - as it wasn’t. Why did you not state " We expect the RPI to be 3.3%".

It's very clear that T-Mobile announced this rise in March and used the February figure, however you was too slow in issuing increase letters and by the time they had been received the RPI rate had changed opening up a huge clause allowing customers to cancel penalty free. You now seem to be taking this unbelievable approach claiming a company as large as EE guess RPI rates, which if guessed incorrectly would allow possibly hundreds of thousands of customers to cancel. I don’t think so and neither does anyone else.

Can you also please advise why you have declined to issue a deadlock notice? I am complaining about a breach of contract, not a business decision and it has been confirmed by CICAS they will take on this complaint. I suggest the only outcome now is that you agree to cancel my contract penalty free due to your breach of contract, or you issue a notice of deadlock, as that is what the situation will be - in deadlock.

I look forward to a swift, common sense reply.

Regards

anna2007

powerful_Rogue wrote: »

Pretty annoyed they have refused to issue me with a deadlock letter!

This is really bugging me now!! PowerfulRogue - see my post #402, it might help - remind them of their obligations under the Ofcom Code of Practice - they have an obligation to provide you with a deadlock letter if requested on valid grounds (which breach of contract terms is).

Copy Ofcom into the email too:
[EMAIL="OCCtelecoms@ofcom.org.uk"]OCCtelecoms@ofcom.org.uk[/EMAIL] - see if that does the trick.

As you've already requested a deadlock letter, give them another 24 hours to provide it - and if they're foolish enough to refuse/ignore you again - do what Ruflonger (see post above yours) is doing and go to CISAS anyway

anna2007

powerful_Rogue wrote: »

My follow up to the crazy email above! I know I wont get anywhere, I just need a letter of deadlock or they fact the refuse to communicate any further.

Oops, x-post - you've already replied

At least it gave me a chance to have a little rant!

powerful_Rogue

anna2007 wrote: »

Oops, x-post - you've already replied

At least it gave me a chance to have a little rant!

Not yet I havent, will do it in the morning before work

Thanks for the Ofcom tip, will add that into the letter

powerful_Rogue

My updated letter with the ofcom code of practice added. Not giving them any room to squirm out of giving me a deadlock letter!

Matthew,
Thank you for your swift reply.

If T-Mobile/Everything Everywhere are taking the ridiculous stance that they guessed the RPI figure, please can you answer my following questions.

1) When the rise was announced on the 1st March, why was the RPI figure of 3.3% quoted. Did EE make this "guess" of a figure at least 10 weeks before it was released?
2) Why were T-Mobile customer service staff stating the 3.3% RPI figure was based on the month of February? Why did they not inform customers that management had guessed this figure?
3) Same also applies to your T-Mobile facebook team that also quoted the 3.3% RPI figure as being that of February - Screenshot attached. Strangely this has been deleted from your facebook page.
4) Why when all the increase letters were sent out did they say "RPI is currently 3.3%" - as it wasn’t. Why did you not state " We expect the RPI to be 3.3%".

It's very clear that T-Mobile announced this rise in March and used the February figure, however you was too slow in issuing increase letters and by the time they had been received the RPI rate had changed opening up a huge clause allowing customers to cancel penalty free. You now seem to be taking this unbelievable approach claiming a company as large as EE guess RPI rates, which if guessed incorrectly would allow possibly hundreds of thousands of customers to cancel. I don’t think so and neither does anyone else.

Can you also please advise why you have declined to issue a deadlock notice? I am complaining about a breach of contract, not a business decision and it has been confirmed by CICAS they will take on this complaint. I suggest the only outcome now is that you agree to cancel my contract penalty free due to your breach of contract, or you issue a notice of deadlock, as that is what the situation will be - in deadlock.

I refer you to ofcom's code of practice in relation to deadlock letters:

A CP must promptly issue a written Deadlock Letter when requested by a Complainant, unless:
i) the CP has genuine and reasonable grounds for considering that the Complaint will be resolved in a timely manner and subsequently takes active steps to do so; or
ii) it is reasonable to consider the Complaint to be vexatious; or
iii) the subject-matter of the Complaint is outside the jurisdiction of the CP’s Alternative Dispute Resolution scheme.
__________________________________________________________________________________
My justification:

i) It appears T-Mobile/Everything Everywhere have made their position on this matter clear and as such this matter will not be resolved in a timely manner.
ii) This complaint is not vexatious. If you refuse to issue a deadlock letter due to this term, please give clear reasons why you believe my complaint to be vexatious.
iii) I have been in contact with CISAS and explained my complaint with T-mobile/EE - one that is about a breach of contract and not a business decision. CISAS have confirmed they are willing to accept this complaint.


Failure to issue me with a deadlock letter will result in a complaint also being made to Ofcom regarding T-Mobiles/Everything Everywheres breach of its code of practice.


I hope I have made my position clear and look forward to a swift, common sense reply

Regards

RandomCurve

Powerful Rogue,

If it is not to late can you also add to you letter (point 5 etc) the following points:

1. Your audited accounts were based on EE being a going concern, I doubt an auditor would have signed off those accounts if you were taking such a risk, and as you announced the price rise in the media on 1st March it is reasonable to assume that the auditors would have been aware of the Boards proposed actions
2. Your Annual accounts have a whole section on risk and how it is managed (eg interest rate risk, Foreign currency risk etc) to assure investors of the good stewardship of the company, but they are silent on this risk - why?
3. There is nothing in the auditors report re post balance sheet events alerting investors to the risk being taken
4. As there is a possibility that EE may try a stock market flotation later this year I have copied [EMAIL="new@sky.com"]new@sky.com[/EMAIL] into this email as potential investors will need to be aware of EE's risk appetite.

That should make them take stock (no pun intended)

nivag1961

daveuk1 wrote: »

A couple of clarifications in reference to previous posts:


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.

No my friend, the breach is in the rise beyond inflation... Get something right man!!

RandomCurve

arturbdg wrote: »

Even if we would have to pay for someone to take the case then if you spread the cost around big number of people then it would be insignificant and as someone mentioned going to court by yourself will cost you £20 or something and the price increase is less than that so single case is not exactly worth the money just to prove the point.

The problem with this route is that if you lose (You shouldn't, but as I said before the law can be a "donkey") Ten you may be liable to pay T-Mobiles legal fees - which will run into several millions. The big boys know that the average Joe can't take that risk so we have to stick with individual claims through the small claims court (we don't pay their costs if we lose) - which don't make headline news.

arturbdg

nivag1961 wrote: »

No my friend, the breach is in the rise beyond inflation... Get something right man!!

Actually I have not seen anything that would prevent T-Mobile to increase the price beyond inflation.

Different matter is allowing the customers to leave without penalty if the rise is beyond the inflation.

....I think.

nivag1961

arturbdg wrote: »

Actually I have not seen anything that would prevent T-Mobile to increase the price beyond inflation.

Different matter is allowing the customers to leave without penalty if the rise is beyond the inflation.

....I think.

This is why you are all so confused. You want to argue semantics. The effect of 7.1.4 and 7.2.3.3 together is to make it a breach of terms if they rise the price and refuse free cancellation... yes...

The fact is they are never going to release a person so effectively they breach when they rise the price with this intention...

Stop !!!!ing about and force the issue by dumping T Mobile and suing for the charges.

Oh just about none of you can... because you elected to !!!!! about it on this site and not cancel when you should have...