Tmobile price increase

aiutami

RandomCurve wrote: »

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Title: Retraction email

Dear sir,

You published an article on or around 1st March reporting that Orange and TMobile (EE) were increasing the monthly price on supposedly fixed contracts by 3.3%. You stated in that article that customers had no choice but to either pay the increased charge OR to pay a cancellation fee to cancel the contract. Subsequent events now mean that that story if FACTUALLY INCORRECT as TMobile customers whose contracts started on or after 1st November CAN I believe terminate their contract WITHOUT PENALTY due to a mis timing on the part of TMobile.

As thousands of TMobile customers may not be taking advantage of their right to cancel without penalty due to your article I think it is vital that you IMMEDIATELY (before 9 May as this is the last day customer can cancel) publish either a correction or an updated story in order to not have misled your readers into not exercising their contractual rights.

In addition customers on contracts starting before the 1st November 2012 MAY also be able to exit their contracts without penalty due to some procedural irregularities, whilst I do not believe it correct to state that these customers CAN exit without penalty, they should be made aware of the potential possibility in order that they can request termination for TMobile using the wrong RPI rate, thus protecting their termination rights should TMOBILE subsequently prove to be in Breach.

I understand you have received a similar email to the above from [EMAIL="EEvenrandomcurve@gmail.com"]EEvenrandomcurve@gmail.com[/EMAIL] with contact details should your reporters need to discuss details or require evidence that has come direct from the EE Executive office.
You should also be aware that two internet reporting sites have started to break this story:

Regards

Email sent. Thanks for the information.

RandomCurve

ruflonger wrote: »

I have also had a text they will be taking the next payment later in the month despite having stated in a letter T-Mobile are not authorised to use the direct debit until the dispute is resolved, as this may be an automated we'll see what happens on payment date.

They did this to me too. I wrote back saying that as I have given them notice to terminate immediately and I wrote to say I had withdrawn "THEIR RIGHT" to use the Direct Debt (note NOT cancelled the DD) until this is resolved then any sums they take after XXth April (when I cancelled) will be being taken ILLEGALLY by T-Mobile and I will seek interest on the money so taken once this matter is resolved - I think I said Base rate + 5% per WEEK or part thereof - this will of course be included in my CISAS claim.

When I request termination I always add that they must also pay the damages as advised (I told them I would charge them £X per letter and £Y per call etc, And £Z for preparing the invoice) as if they do not I will still pursue via CISAS OR the small claim court. These cost will also be on my CISAS claim!

But don't cancel the DD or call the money back via the DD guarantee scheme - you will get all your money back when you win the case

aiutami

RandomCurve wrote: »

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[EMAIL="eevenrandomcurve@gmail.com"]eevenrandomcurve@gmail.com[/EMAIL]


Copy into EMail "RE :" EE Directors Take Riskiest Business Decision Ever?



A business/Investor and Consumer story!


As you will be aware Everything Everywhere (EE) is largely funded by debt and is potentially looking to float on the LSE later this year. Despite these two factors the current EE Board of directors have admitted that they consciously took a business decision that risked losing all of T-Mobiles Pay monthly customers when announcing the recent price increases, calling into question if they are fit and proper persons to be directors of a company seeking a listing on the LSE. The press published details of the planned 3.3% pay rise on 1st March a full 46 days BEFORE the actual RPI figure was published on 16 April.


The following is from EE:


Dear Mr XXXX

Thank you for I]previous correspondence[/I


Our Legal Department have confirmed the following:

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]Personal contract cancellation detailsremoved[/I


Whilst I appreciate the above may not be entirely to your satisfaction, I trust I have clarified T-Mobile's position in this matter.

Yours sincerely



Mandy Lowery
Executive Complaints, EE



Thousands of customers still believe that EE are in breach of contract and the ONS has been contacted to investigate what appears to be an apparent leak of protected statistics. Customers have until 9th May to contact T-Mobile requesting immediate termination of their contracts without penalty.



You may find this to prove a fruitful and interesting story as ONS, OFCOM, and CISAS, are all aware of what is happening, and it would be not only be of public interest (I would not want my pension investing in such a risk hungry company), but also of business interest to potential investors.


I believe you have received a similar email to the above from [EMAIL="eevenrandomcurve@gmail.com"]eevenrandomcurve@gmail.com[/EMAIL] with contact details in order that you may discuss and verify the story further.



Regards

Email sent. Tomorrow the phone call to cancel without penalty. Many thanks to you and this forum for the tireless work on this matter.

RandomCurve

powerful_Rogue wrote: »

Im also very dissapointed that BitterWallet havent taken on the challenge, despite me sending them numerous emails which seem to have been ignored.

Theres also a couple of us which are in dispute with Orange/EE over changing their terms and conditions to the material detriment of customers without informing them.

Certainly worth a read if your an Orange customer who joined BEFORE the 1st November 2012 >> http://www.tomforth.co.uk/orange/

Can you ask them to send emails as per posts #570 and #602 on this forum - they all count towards hitting a 1,000!!! Can you -"Cross quote" between forums?

Sorry to be a bit of a broken record - but we NEED the media interest I am going to phone the BBC tomorrow and find out what it would take in terms of volume of emails before they would pick up the story - in the mean time keep emailing as it will help me with that conversation

RandomCurve

aiutami wrote: »

Email sent. Tomorrow the phone call to cancel without penalty. Many thanks to you and this forum for the tireless work on this matter.

No problem can you post here how Quick and easy it was to send those emails?

Good luck with that call - remember just keep asking them to answer a simply yes or no question - "Do you have the authority to terminate my contract without penalty to me."

boatman

RandomCurve wrote: »

"Do you have the authority to terminate my contract without penalty to me."

You like that bit....

RandomCurve

Lifes_Grand_Plan wrote: »

Anyway I am wanting to e-mail them back again using your previous advice, but I am being a bit dim.... can you confirm what the exact "breach of contract" in term 7.2.3.3 is?

Many thanks

Many thanks.

Not dim at all - T-Mobile are I think making it deliberately difficult to understand so as to "scare" customers away from cancelling - that is why Anna2007 and others are trying to make it as simple as we can.

In Terms of the Brach we need to be clear (thanks to Dave123uk):

1. T-Mobile have the RIGHT to put up your price contract by WHATEVER PERCENTAGE they like e.g. 50% and they won't be in breach.
2. However If they use a figure which is higher than the RPI allowed within the contract (7.2.3.3) you then have A RIGHT to cancel without a termination fee.
3. If T-Mobile deny you that Cancellation (as they have done) then they ARE IN BREACH of T&Cs
4. So - it is the refusal to allow the cancellation which is the breach - not the price rise itself

That sound a bit strange at first, but if you think about it actually is perfectly logical, just because T-Mobile put up the price more than T&Cs you might not want to cancel for other reasons -e.g. only operator where you have a decent signal.

RandomCurve

boatman wrote: »

You like that bit....

Sure do

It proves that T-Mobile have given you a number to call to exercise YOUR RIGHT to cancel (without penalty to me ) where NOBODY can actually do this. This will help you claim DAMAGES from them in your CISAS claim due to PROVIDER BEHAVIOUR even if you don't actually win the case to cancel the contract - see my early post #577

I love that bit!!!

A whole post and no mention of #570 and #602 - Doh!

psychoticfox

Hi All

Firstly, thanks for all the great work!

Ive sent both emails and will be phoning to cancel tomorrow, fingers crossed

pf

timbouk

I did flag this up quite a few posts ago, but the pre October T&Cs PDF was actually edited in February of this year. Anyone still have a paper copy of this version. I'm happy to go through word for word to see if they changed anything. Just don't trust them!