Tmobile price increase

RandomCurve

Yesterday I left you with a cliff hanger on the approach to take with T-Mobile on how "I BELIEVE" you may be able to beat T-Mobile even if you are on a PRE October Contract. I will post the full rationale -but in stages. Nothing sinister here it is just it is long and I want to "drip feed it" manly because it is still incomplete re another couple of points that can be added, and as I've said before I need to re check the statute and regulation references. I will head up each post as "The Fight against T-Mobile X" where X will be 1, 2, 3 etc. so you can find the posts easily.

Also as pointed out in an earlier post when you copy and paste from Word 2010 on Windows 8 the post removes "random" (how poetic) spaces (does that sound better than RandomCurve?), which do not "disappear" until you preview or post the submission. Then you have to track back and add the spaces back in. I will TRY and catch them all, but once you copy it into your word processor you can correct any I've missed and any typos.

I will put 2 posts up today - the first a repeat of yesterdays "taster" and the second a summary of the rationale.

d123

RandomCurve wrote: »

You have until midnight tonight to cancel your contract.

Word of warning, they close at 22h00, so people only have until then.

RandomCurve

Also see Post #762


PreOctober 2012 contract

Before I start this email I must state up front that I have no legal training, the points below are my honest opinions based on what I have seen of T-Mobiles (TM) actions and what I have researched (with others). It is up to you if you use all or any of the points below and I can take no responsibility for the outcome of your dispute with TM.

This will be long and it will be confusing – sorry, but TM has (in my opinion) deliberately set out to make it this way! But by the end of the email you will see that is EXACTLY WHY you should be able to win this one.

Unfortunately I think you will have to use ALL of the arguments below as it builds the picture that you need (you can probably just copy and paste – or print and attach – to your CISAS application). I suggest you read through the whole email once without trying to understand it, and then re-read it as it will make more sense in understanding the earlier points if you have read the whole thing.

The contract appears to giveTM the right to increase the contract by a rate no higher than the RPI rate for the month immediately before the month TM write to you. TM wrote to you in early April stating 3.3% - and it has transpired that the March rate was indeed 3.3% - so an argument against the rate will, I think, be a difficult case to argue. Given this we need to look at the wider factors, and hence your claim should be based on:

1. Is the contract term clear and unambiguous?

a.There are Regulations and Statue law that can be referred to,

2. Is the March rate the rate that TM are actually allowed to apply?,

3. HaveTM breached the 30 day notice rule,

a. And if not what are the consequences of that - as follows.

Dear Sir,

T-Mobile (TM) has the right to make a business decision to increase its prices, and I have no issue with TM exercising their right to make that business decision. My argument is that TM has imposed an increase in excess of the rate they are allowed to use and have then breached the T&Cs by denying my right to cancel the contract without penalty to me per clause 7.2.3. The basis of my claim is as follows:

stoney73

d123 wrote: »

Word of warning, they close at 22h00, so people only have until then.

To phone or to email? And if we've previously emailed asking for cancellation/etc, should we be sending another email? Or does the fact we've previously requested cancellation count?

RandomCurve

Also see posts #762 and #764

Disclaimer - I have no legal training - you use the below at your own risk


Clause 7.2.3.3. is not compliant with the following legislation/regulatory rules

1. The Unfair Terms in Consumer Contracts Regulations 1999, and
2. OFT guidance, relating to plain and intelligible language, and
3. XXX -still being checked
4. XXX -still being checked,

In addition, I will also be challenging the application of clause 7.2.3.3 and TMs assertion that the rate to be used is the March RPI published on 16th April (3.3%), and will introduce evidence that the intended rate – and only rate – that the contract allows TM to use without triggering my right to termination is the February rate of 3.2% published on 19 March.

This evidence will consist of comparing the use of March or February rates with:

1. TMs POST Oct 2012 contract terms under 7.2.3.3
2. TMs past price rise implementation practices,
3. The timing of events, and
4. The Orange Price rise announced to the press on 1st March 2013 at the same time as TMs announcement (both companies being part of EE)

to provide a context that the February 2013 is the RPI that should have been applied to my contract.

In summary, I intend to prove that TM have used a vague contract term and also mis-applied that term, which has resulted in a price increase higher than the RPI that TM are entitled to impose and as such have triggered my right to terminate the contract without penalty to me. And further that there is then evidence that TMs behaviour has been to frustrate my right not only to enforce my right to penalty free cancellation, but also to try and deny me the right to bring this to CISAS by refusing to issue a deadlock letter.

Before I start the detail of my case the following timeline will be a useful reference:

· February 12th 2013 – January RPI published (3.3%)

· March 1st 2013 – Media organisations announce EE (Orange and TM) will be increasing prices by 3.3% (presumably based on an EE press release)

· March 13th 2013 – Orange customers receive letters informing them of the price rise – stating Current RPI rate 3.3%

· March19th 2013 Feb RPI rate published (3.2%)

· April 6th 2013 – TM customers receive letters informing them of the pricerise – stating Current RPI rate 3.3%

· April 6th – April 16th – TM customers request termination/seek clarification due to the timing and the wording of the price letter

· April 16th 2013 – March RPI published (3.3%)



Arguments relating to NON Compliance with Statute and Regulatory guidelines

powerful_Rogue

Email received this morning from CISAS

Thank you for your email.

We note your comments.

Please submit an application form supported by copies of all correspondence between yourself and the company and we will endeavor to assess your claim. This can be done via our website at www.cisas.org.uk or alternatively you can apply by post.

Please provide your correspondence address if you wish to be sent an application form and information pack

Kind regards

Looks like they will take on cases without a deadlock letter and before the 8 week deadline if you have exhausted all avenues with T-Mobile.

My advice would be to include the following into an email to T-Mobile.

Please can you confirm what the next step of the formal T-Mobile complaints procedure is as I do not believe you have addressed my concerns adequately.
Can you also confirm why you will not issue a deadlock letter. My complaint is about T-Mobile breaching terms and conditions and NOT about the business decision to raise contract prices. CISAS have confirmed they are willing to accept my complaint on this matter.

You will then hopefully get a reply back saying something along the lines of:

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).

That then shows that you have taken the complaint to the highest level within T-Mobile and exhausted their complaints procedure. It also shows them breaking Ofcom guidelines by refusing to issue a deadlock notice because "they" dont think a breach of contract has taken place.

Mav1874

I just received a rejection from CISAS, despite TM sending me pretty much the same letter 3 times advising that they do not feel that this is within CISAS remit and me going back to say IT IS because its about breaching the terms and conditions of the contract NOT about the price rise. Any ideas or do I need to wait 8 weeks, I have sent the above email but I essentially sent that before and got the same response. Dont know what TM are playing at if they think delaying deliberately by 8 weeks is going to stop the complaints coming in.

Thank you for your enquiry to use the CISAS scheme. Unfortunately, however, we are unable to process your application at this time as you have not provided a copy of a deadlock letter from the company or clear evidence that you have been in dispute for more than 8 weeks.
If you have a deadlock letter from the Company or other evidence showing your dispute is more than 8 weeks old please re-submit your application attaching the documents that you have.
You need to show that you have been through the company’s formal complaints procedure or that you have been attempting to do so for more than 8 weeks.
In your case you should be corresponding with:-
T-Mobile (UK) Limited The Customer Resolutions Team, 6 Camberwell Way, Sunderland, Tyne and Wear, SR3 3XN
We hope that you are able to resolve your complaint directly with the company. However, should that not be possible, please re-submit your application when you have a deadlock letter or your dispute is more than 8 weeks but has not exceeded a 9 month period.
Should you have any queries regarding this matter, please feel free to contact us.

d123

If it helps anyone, this was my letter to CISAS that led to them accepting my complaint, (I thought I had posted it earlier in the thread, but I think I might only have PMed it).

I have been dealing with T-Mobile with regard to a complaint concerning T-Mobile's refusal to abide by contract terms as set out in their contract of service.

I received a notice of a price increase dated April 2013 last week in which T-Mobile informed me that they were increasing my price plan charge by 3.3% from the 9th May 2013.

I advised them that I was aware that they were entitled to increase prices when they made a business decision to do so, but I then informed them that as the current published RPI rate is 3.2% that in terms of the contract I was wishing to utilise my right of cancellation without penalty as allowed by the contract for increases that were higher than the RPI.

The relevant term in the T-Mobile contract is as follows:

Quote:
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.

T-Mobile have answered in some strange ways, first denying the charge was in excess if RPI, then stating the RPI was actually the same rate of 3.3% and then declaring that they are refusing to communicate any further when I supplied a link to a .gov.uk statistics website showing the rate at 3.2%.

At this stage they are now ignoring any further emails I have sent, could you please advise if there is any method of forcing them to re-enter dialogue or if the refusal to communicate equates to a position of deadlock?

I'll be emailing CISAS to ask for an update on my case as T-Mobile's 14 days to reply ran out yesterday.

Chimper

I've been putting my case together before sending it to CISAS. Like many here I've had the following response from T-Mobile.

As a business we anticipated the RPI figure for March. If it had been lower than expected, you would have been entitled to cancel your contract, but as this is not the case, cancellation of your contract without penalty is declined.

The point I've highlighted shows that T-Mobile agree that your contract allows for cancellation. The sticking point, as far as they're concerned, is their absurd claim that they "guessed" what the rate would be.

daveuk1

Chimper wrote: »

I've been putting my case together before sending it to CISAS. Like many here I've had the following response from T-Mobile.

The point I've highlighted shows that T-Mobile agree that your contract allows for cancellation. The sticking point, as far as they're concerned, is their absurd claim that they "guessed" what the rate would be.

Of course they didn't guess - they made a mistake. The problem is that this is one of those situations in which it is the end result that counts, not the method by which it was reached. It might be commercially !!!!!! but if T-Mobile wants to serve notice that potentially entitles its entire customer base to terminate their contracts on the basis of an unknown variable, then I'm afraid that it is within its (contractual) rights to take such a risk. The fact that they never really realised or intended to take the risk is irrelevant. All that matters is whether or not the terms of the contract have been adhered to.