Tmobile price increase

RandomCurve

aiutami wrote: »

OK. Phone call to 150 made this afternoon.

Emails (using template for pre October 2012 contracts) sent to Jackie.O'LEARY@ee.co.uk, [EMAIL="Stephanie.Taylor2@ee.co.uk"]Stephanie.Taylor2@ee.co.uk[/EMAIL], [EMAIL="executive.office@orange.co.uk"]executive.office@orange.co.uk[/EMAIL], [EMAIL="PIPPA.DUNN@EE.CO.UK"]PIPPA.DUNN@EE.CO.UK[/EMAIL], [EMAIL="olaf.swantee@ee.co.uk"]olaf.swantee@ee.co.uk[/EMAIL]

As far as I'm concerned this is enough to show that I have requested cancellation of my contract without penalty due to breach of contract...am i correct?

I have sent the emails to the press outlined by RandomCurve in earlier posts. Do I need to do anything else in the mean time?

Nothing else to do now except to wait and see which excuse they decide to use on you to say why you can't cancel - let us know what they use. How did the phone call go - did you have to use the "it is a simple yes or no question" or did that just tell you straight of that they cannot cancel with out penalty to you?

shedder101

RandomCurve wrote: »

Emails sent - if you don't receive yours let me know

many many thanks you need a holiday for your work brilliant

shedder101

Dee142 wrote: »

my account has been cancelled, obviously my line has to be active so i can use the PAC code, so once my numbers transffered to giffgaff, that will be it, theyve told me theirs no cancellation fee or anything.

same happened to me but as i was probably one of the first to use the pac code i was told on the phone i would be charged a cancellation fee.

however i used the pac, i got the final bill showing a cancellation fee but they havent responded to my letters or replied to my demand for payment for the phones they bricked or anything

Lifes_Grand_Plan

RandomCurve, I don't wish to be rude so please don't take it this way, but if you are going to post text and ask people to e-mail it to someone, do you have someone who can proof read it for you?

There are a few spelling mistakes and joined up words missing spaces.

Also if they are a good proof reader they may be able to cut down on some of the waffle to try and make it an easier read - not easy I appreciate since it is a reasonably complex argument to state.

Again, please don't take this as being rude or ungrateful for your help, I make as many spelling mistakes as anyone, but on a forum post is different to if you are writing to people where you want to look confident in your argument or make an important point.

Hope this helps and keep up the good work.

powerful_Rogue

Great email from EE as usual!

Please be advised that the Executive Office is the final point of escalation within EE and as such is the end of the internal complaints process. Should you remain unhappy with the resolution I have provided, you are free to seek legal advise or arbitration from a third party.

I further reiterate that a deadlock letter will not be issued with regard to this matter as there has not been a breach of contract and as such we feel this matter falls outside of the scope of the Communications and Internet Services Adjudication Scheme (CISAS).

I confirm that clause 7.2.3.3 of the Terms and Conditions clearly states that the relevant rate of RPI will reflect the 12 month period before the month in which we send customers written notice. Written notice was issued to our customers in April 2013, with the month prior being March 2013.

The RPI for March 2013 was published as 3.3% by the Office of National Statistics on 16 April 2013. This is in line with the 3.3% price increase that will take effect from 9 May 2013 and as such does not breach the Terms and Conditions of the agreement.


Yours sincerely

Who needs CISAS with EE around! If EE have decided no breach of contract has taken place, then they must be right! :rotfl:

Seriously, I dont think EE understand what CISAS do by the sounds of it! I think theres been a breach, EE dont - CISAS decide!

Lifes_Grand_Plan

powerful_Rogue wrote: »

Seriously, I dont think EE understand what CISAS do by the sounds of it! I think theres been a breach, EE dont - CISAS decide!

Exactly! EE have all of the power here (thanks for nothing CISAS) and by refusing to issue a deadlock letter are sticking to the "we can do what we want" line.

Unfortunately neither Ofcom or CISAS have the balls to do anything about this which is a shocking state of affairs. However I for one am not going to let them get away with it, they won't fob me off, i'm one stubborn bar steward. If I have to wait 8 weeks to go to CISAS then I will do. Hopefully plenty more will do the same.

psilvester

Chirs wrote: »

I too got caught out with this. I took up a 12-month sim only contract with T-mobile for unlimited everything for £16, and I only did this about a month and half ago. With the price hike I'll be paying £17 (after the 6-month £1 discount runs out), so I'll only pay an extra £4 or 5 overall.

It is, however, the principle of this that annoys me, and, personally, I'd like to see a campaign to get the law changed rather than looking for loopholes.

It seems to me that the law should be changed so that you can't do this mid-contract without giving the customer the option to quit the contract without penalty.

This is the second time I've been caught out with a clause like this: Virgin Media upped my bill a couple of months into my BB + TV contract and I had no choice but to accept the price hike because the alternative was paying hundreds of pounds to be released from my contract.

This seems like an issue of fairness to me and as it stands it's plainly wrong and entirely unfair.

Virgin Media's last round of pay raises allowed users to cancel penalty free - it said so in the letter, in very tiny print. I rung up to cancel but negotiated a better deal.

jamster

I agree with EE that the price rise formula is correct but I believe that the whole price rise clause is illegal.

It does not put a limit on how often they can invoke this clause. Therefore it could be used every month if EE desired. However it will always apply an increase equivalent to the increase in RPI over 12 months. The clause allows a compound increase in charges way above actual RPI. That EE only invoke it once a year is probably irrelevant.

Further, T-mobile did not publish the price rise clause anywhere on their website, other than buried in its terms and conditions. My view is that for this clause to be enforceable they should have done more to bring it to our attention pre contract. I have screen grabs from early 2012 showing this if helpful to anyone.

I wrote to EE last year when they increased prices but they ignored my letter.

jamster

Here's what I sent last time. Annoyingly as a new user mse does not allow me to include the links.

Re: Letter headed “Important change to your T-Mobile account” dated March 2012

Further to your above letter, I do not accept your proposed price rise for my contract with telephone number 07XXX XXX XXX. I consider it unfair under the Unfair Terms in Consumer Contracts Regulations 1999.

I refer you to the Office of Fair Trading’s guidance at ...removed... paragraph 12.4. This states that a clause permitting a price rise will only be considered fair if it is clearly and adequately drawn to the consumer’s attention.

A. I do not recall that in my case this was done:

1. I note that the section marked “Looking to buy online? Here's the legal stuff you need to know” on your website links to a the following page: ...removed... which contains important legal information but no information about price rises (where one might naturally expect such a notice); and
2. A Google search of your website for “site:t-mobile.co.uk "retail price index"” does not bring up any relevant notices or warnings.
B. Further, I refer you to clause 7.1.4 of your standard terms and conditions version 58A dated November 2010:

1. The effect of this clause is to allow you to increase your prices as often as you wish, on 30 days’ notice (in practice, you could therefore increase your prices every month if you wished).

2. However, according to clause 7.2.3.3, I may only terminate if any individual price rise is greater than the rise in RPI in the previous 12 months. This clause purports to gives you the right therefore to impose an increase equivalent to the 12 monthly increase in RPI increase each month (compounded) and in each case I would not be able to cancel.

Combined, these clauses are clearly unfair as drafted, and therefore I consider them void.

If you do not believe that I am correct please do reply with full details.

Otherwise, please confirm that you will not apply the price rise to my account and refund any increase already taken.

Yours faithfully

NittyGritty

aiutami wrote: »

OK. Phone call to 150 made this afternoon.

Emails (using template for pre October 2012 contracts) sent to Jackie.O'LEARY@ee.co.uk, [EMAIL="Stephanie.Taylor2@ee.co.uk"]Stephanie.Taylor2@ee.co.uk[/EMAIL], [EMAIL="executive.office@orange.co.uk"]executive.office@orange.co.uk[/EMAIL], [EMAIL="PIPPA.DUNN@EE.CO.UK"]PIPPA.DUNN@EE.CO.UK[/EMAIL], [EMAIL="olaf.swantee@ee.co.uk"]olaf.swantee@ee.co.uk[/EMAIL]

As far as I'm concerned this is enough to show that I have requested cancellation of my contract without penalty due to breach of contract...am i correct?

I have sent the emails to the press outlined by RandomCurve in earlier posts. Do I need to do anything else in the mean time?

hi can you tell me where the above can be found please, "using template for pre October 2012 contracts" that you sent by email to t mobile to get out of your contract