Tmobile price increase

tsandcs

Iv received an email today saying that they will not take this to cisas as predicting the future rpi was a business decision, also they say we are not in dispute? And I have received a letter demanding £38 that I am late paying, in this letter they state they have informed credit reference agencies.

also I never used my PAC code because I wanted confirmation that it would be without penalty, it expired on the 10th

any advice please

Barnicle_Fiend

d123 wrote: »

They won't, they'll trash your credit file, enter a default and then sell the debt to a DCA.

They might.

But as soon as you show the debt collection agency the letter you sent t-mobile outlining the contractual / legal reasons for terminating your contract, they will stop persuing the debt. It makes it unlawful for them to continue.

If your credit file shows a default, make a claim at your county court to have it removed. If they have simply ignored the dispute there is no way they can win (as long as there is a genuine dispute).

At least that's what I'm banking on.

RandomCurve

tsandcs wrote: »

Iv received an email today saying that they will not take this to cisas as predicting the future rpi was a business decision, also they say we are not in dispute? And I have received a letter demanding £38 that I am late paying, in this letter they state they have informed credit reference agencies.

also I never used my PAC code because I wanted confirmation that it would be without penalty, it expired on the 10th

any advice please

Remember I am not legally trained, but have done a whole load of research on this - so it is your choice if you follow the below or not!

See my post s#834 and #835 you will find them useful if they have charged you for PAC code you have not used and did not request on the basis of a termination fee. I have run the argument re the unsolicited goods act past a legal expert and they thought it might fall under the goods not matching the description rather than being unsolicited, but until we test it out no one will know for certain. I'm certain if I ask for something Penalty free and it arrives with a penalty (i.e. a demand for payment) it must fall under the unsolicited goods act.

As for the non payment if you followed the Genuine dispute clause then you should be alright legally - it is just you'll have to go to court to prove it! My advice is to pay T-Mobile (God that hurt!) but make it clear it is "payment "UNDER DURESS" and when the dispute is resolved you want the termination back dated to the date of your original request for termination and interest on any sums paid to TM since that date".

Do you mind sending me the emails EE have sent you on this? [EMAIL="eevenrandomcurve@gmail.com"]eevenrandomcurve@gmail.com[/EMAIL]

RandomCurve

d123 wrote: »

They won't, they'll trash your credit file, enter a default and then sell the debt to a DCA.

See my posts #834 and #835 if I am right in my thinking EE are going to owe you a lot of money for doing that and you can take it DIRCET from Silent Swantee :wave: as well (not sure if the penalty is 2*(£1,000 to £2,500) plus 2*(2,500 to £5,000). Or just one of each.

RandomCurve

d123 wrote: »

Hmmm, Had a CISAS reply today. Looks like T-Mobile are putting pressure on CISAS.

Hi - can you send me that email please? [EMAIL="eevenrandomcurve@gmail.com"]eevenrandomcurve@gmail.com[/EMAIL]

I'm trying to build a complete picture for the press - If I can get them interested.

Thnaks

RandomCurve

tsandcs wrote: »

Iv received an email today saying that they will not take this to cisas as predicting the future rpi was a business decision, also they say we are not in dispute? And I have received a letter demanding £38 that I am late paying, in this letter they state they have informed credit reference agencies.

also I never used my PAC code because I wanted confirmation that it would be without penalty, it expired on the 10th

any advice please

I think I've said something along these lines in an earlier post, but if you argue the rate (or how they guessed it) then you will not win this! They can use what ever percentage they want and decide on how they "create" that percentage -it is a business decision!

Your argument is that the only rate that applies to your contract is the February Rate of 3.2% as explained in my earlier post for Both PRE Oct 2012 (#793, #796, and #798) and POST Oct 2012 (Contract says published BEFORE they write, and April 16th rate is published AFTER they wrote).

Barnicle_Fiend

For anyone that got a letter from tmobile claiming they took a business decision and 'predicted' the RPI figure before it was released. I just want to point out that this is YOUR contract with them. YOU have just as much right as them to interpret the clauses. No court in the country is going to agree with their bonkers interpretation!

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 thisAgreement before the change takes effect.

Also, to terminate your contract tmobile require you write to them immediately which is impossible if the RPI figure has not even been released yet. By choosing this interpretation I think the clause will fall foul of the The Unfair Terms in Consumer Contracts Regulations 1999.

Fckud if they do fckud if they don't in my view.

vixmony

So here is my story, and I need advice please. When all this price increase issue kicked of, I reluctantly got in touch with tmobile. To be honest, am happy with the service,and the coverage has actually exceeded my expectations. I am also on their unlimited tariff, which I tend to harmer a lot, so satisfied. However I wanted to excsercise my rights as a consumer. So I call them up on the 19th April , and the sales rep, a very helpful young lady, advised me that yes I was affected but I could have ave a free upgrade, by moving to an EE tariff on the 10th of May, a day after the increase. I queried why I had to wait for the 10th, and was told, that's the only way the system would work. As you can imagine, I was happy as still had 15 months of my current contract, so the prospect of a new phone was enough, to encourage me to agree. I asked for confirmation, and the lady sent the following text -

"This to inform you that you are eligible to moved to 4gEE plan free of charge on the 10 May 13 due to the price increase You can check for mor info www.ee.co.uk"

When the text came through, I remained on hold and I queried how the text, wasn't really clear, but she reassured me, I would be getting my upgrade free, on the 10th of May. I called again on the 5th of May, just to check, and ensure everything was still in perspective, and the advisor again advised for me to wait, till the 10th. I explained my concerns regarding how to some extent the text looked vague, but again was reassured and advised to wait for the 10th. Yip you imagined right, come the 10th, I confidently walk into a tmobile shop, show text, and immediately told, to call customer services. I do, and well and behold, all the information on the text and what I was advised on the initial call, was utter rubbish. I argue my case, and the customer service lady, clearly tells me, that I was misinformed. I stressed the point how I felt I was tricked, into accepting a free non existant upgrade on the 10th of May, a day after the increase, in order to deprive me, of my right to cancel my contract, due to the increase, and the customer service lady, agreed and sympathised with me. She then offers me 10£ off the duration of my remaining contract, I refused, and ask for the manager. She then advised me manager would call in 1 hour, and I kindly asked her, to text me the details of what she had advised me, and how she had admitted to me having been misled and the 10£, she had offered me. She sent the following texts_
(1/3)
"Hi Mr. Z! Sorry for the mis-information that was been given out to you dated 19/04/2013 at 3:51PM, and for the call dated 05/05/2013 at 8:27A (2/3)
when you called to have it clarified but was been advised to wait until the 10/05/2013. I offered a GBP10.00 off to your account till the end of your (3/3)
!contract but you have refused it, anyhow a manager will call you within 1 hour regarding this subject matter.
Jam. "
I then got a call back by the manager, and can you imagine, she tried to offer me a 1.39£ discount instead, and when I asked her if she thought I was nuts, to refuse a 10£ discount and accept 1.39£ instead, she told me the 10£ offer, was not and never available. I argued how I have been mistreated and misinformed from the onset, and how I have all the evidence and so does she in front of her, and she just hung up on me. Before she hang up, I had just started recording the call, after she had refused to record my call, as I was fed up of being misinformed so I asked for call to be recorded but she stated, only selected calls are recorded. So not sure what to do next, as this appears to be a clear case of misinformation, poor client care, you name it.

gjchester

Barnicle_Fiend wrote: »

Why would you pay the termination fee and then take them to court to get it back?

Surely if you believe that there should not be a fee, you should not pay it and make them take you to court?

As far as I understand it it's because you cannot claim compensation for something that may or may not happen.

If you leave TM and get charged a fee that you believe is incorrect you can take them to the courts to sue for the fee back. However until any fee is paid there is no case.

If you wish you may be able to take them to court each month for the difference of what is permitted under the contract and what you have been charged (which is likely to be the 0.1% increase of your line rental each month) but as that's likely to be a few pence it's hard to see that any court would consider that to be of significant material detrimental on such a small amount, and it's probably a lot of hassle for a few pence.

You'd also be charged £25 to put in a claim (or each months claim), you'll get it back if you win, but its not clear if you would win yet.

gjchester

makemesumdosh wrote: »

i'm out of contact in early September and are very tempted to go down this route, although i only pay around £11 a month they insist i pay them over £60 to terminate my account as i should be paying £21 a month and get a discount.

That has always been the case on all networks.

Look at your bill, you are on a £21 tariff with a discount (probably a goodwill or loyalty one). If you cancel then that discount is removed before your termination fee is calculated.