Consumer law

frugal_mike

The article I mentioned is http://www.moneysavingexpert.com/news/phones/2013/10/phone-firm-hiking-prices-youll-soon-be-able-to-dump-it-penalty-free.

It actually says that only tax rises are allowed, so not even inflation. Unfortunately it doesn't come into effect until January. It may give you some leverage if you mention it if you can't cancel because of the 10% clause.

I suspect the companies are getting the last free price rise they can before the ruling kicks in though.

stugib

pmduk wrote: »

You might find it helpful to calculate precisely how much this would have cost you in each of the last 6 months.

This is the crucial point from what I've seen following other mobile contract changes.

OP how often do you call the Isle of Man?

These complaints either tend to be from people who (a) will be genuinely be out of pocket from the change, or (b) see the opportunity of getting a free phone and no contract to pay.

mjgreen60

Thanks again for all the replies.

Looking back over the last 2 months of bills, if the calls that I had made over the last two months at the new rate, I would be ~£50 (sept) and ~£12 out of pocket over and above my standard contract cost

mj

George_Michael

mjgreen60 wrote: »

. The number starts in 01 but the Isle of Man is not strictly in the UK!

It's not in the UK in any sense, so although O2 may have previously allowed 01 calls to the IOM, they were under no contractural requirement to do so.

mjgreen60

George_Michael wrote: »

It's not in the UK in any sense, so although O2 may have previously allowed 01 calls to the IOM, they were under no contractural requirement to do so.

I realise this. However my query was whether contract law may look at it differently.

I am trying to save money which is after all the aim of this site!

jacques_chirac

George_Michael wrote: »

It's not in the UK in any sense, so although O2 may have previously allowed 01 calls to the IOM, they were under no contractural requirement to do so.

Given that the OP has had this facility for some years, it would be reasonable to say the free calls were incorporated into the contract by action.

OP, log a complaint with the provider. If still no joy go to the ombudsman. I would be very surprised if they did not find in your favour.

George_Michael

jacques_chirac wrote: »

Given that the OP has had this facility for some years, it would be reasonable to say the free calls were incorporated into the contract by action.

It might also be reasonable for O2 to say that the calls to the IOM were simply allowed as a freebie that was outside of the terms stated in the contract and can therefore be stopped at any time.

I agree that mjgreen might well have a case if they could prove that they took out the contract on the basis that calls to the IOM were free, but if they can't do this then the ombudsman agreeing with them might not be definite.

jacques_chirac

George_Michael wrote: »

It might also be reasonable for O2 to say that the calls to the IOM were simply allowed as a freebie that was outside of the terms stated in the contract and can therefore be stopped at any time.

I agree that mjgreen might well have a case if they could prove that they took out the contract on the basis that calls to the IOM were free, but if they can't do this then the ombudsman agreeing with them might not be definite.

Something that is itemised on the OP's bill, albeit at a nil rate, is within the contract. Your suggestion is nonsense

mjgreen60

Quick update for you all. Thanks again for the replies.

Letter has been sent to higher level complaints with cc to Ronan Dunne. To strengthen my case I noticed that the text I received and the notice on the O2 website stated that: "From 4 December, calls to Jersey, Guernsey and Isle of Man will be removed from your inclusive minutes". Looks like O2 saw the calls as inclusive also.

Fingers crossed for the outcome. Will let you know!