Mobile Phone Contract - Price Rise Refunds

tedblight

Anyone have any joy with this? My Reply from EE....

Any care to translate this? lol

Also, I'm sure they have to inform us at the time of taking out the contract that it's not a fixed price contract. If they didn't inform us, then is it null and void?

Mikmonken

Same response I had see from post #222 onwards RandomCurve signposts to earlier post in response to delboy

ulaggy

The argument is that it's all their in the Terms and Conditions of our contracts, and that it is our responsibility to ensure we read those T&C thoroughly. They would also argue that we have a cooling off period to cancel without penalty at the start of the contract.

It's awful business practice, but sadly well within the rights of the law.

RandomCurve

Mikmonken wrote: »

Same response I had see from post #222 onwards RandomCurve signposts to earlier post in response to delboy

See Post #175

RandomCurve

ulaggy wrote: »

The argument is that it's all their in the Terms and Conditions of our contracts, and that it is our responsibility to ensure we read those T&C thoroughly. They would also argue that we have a cooling off period to cancel without penalty at the start of the contract.

It's awful business practice, but sadly well within the rights of the law.

But that is the whole point - it is NOT within the rights of the of the law. Contracts are governed by the Unfair Terms in Consumer Contracts Regulations (UTCCRs) and additionally for phone companies Ofcom Regulations.
There is a general mis-conception that just because a big business puts something in to its contract then it must be legal - I have proved this is not case on three separate issues with EE in the last 12 months, and hope to do so again in regards to this price rise.

RandomCurve

tedblight wrote: »

Anyone have any joy with this? My Reply from EE....

Any care to translate this? lol

Also, I'm sure they have to inform us at the time of taking out the contract that it's not a fixed price contract. If they didn't inform us, then is it null and void?

You are correct re they have an obligation to "Clearly and Adequately" bring the price rise clause to your attention. But that argument does not give rise to a penalty free cancellation - it only stops them applying the price increase. As EE texted everyone regarding the update to TCs then it would be hard to argue that you never knew there was price variation clause in the contract.


The translation of EEs letter is simple "We are a big company who have used al the legal loopholes available to us to screw you - so go away"

RandomCurve

[QUOTE=Satu7nine;65333894 .......
Regardless of the legal situation, surely any price rise (also regardless of RPI and CPI) is materially detrimental? Paying £41 for 18 months then ~£42 is £1 more per month, and that £1 is of material detriment to me. A common sense interpretation will tell you that. In my opinion, their defence on this is extremely weak and surely an independent arbitrator such as CISAS would be likely to rule in our favour?[/QUOTE]


According to Ofcom if the increase is not a REAL TERMS increase then it is a neutral change and so not of Material detriment. However as CPI is the official inflation rate then an RPI increase is a REAL TERMS increase - so game over (but may need SCC to rule on this because CISAS may be too timid).

RandomCurve

ulaggy wrote: »

Having sent the second email yesterday, if I'd waited one more day, I'd have had the same letter as the previous user has had.

I was going to attach a photo of the letter so people know what to expect but I'm too new to be able to post links apparently. It seems that they are going for generic postal responses to go with the generic email responses!

"Dear XXXXXXX

T-Mobile Account Number: XXXXX

Thank you for your email, receiving in the Executive Office, I have been asked to respond on behalf of EE.

I am sorry you are unhappy with the recent increase to our prices and some of our services. As a company we are committed to investing significantly in our network and work hard to give the best value for our service, we have in this instance tried to keep these increases to a minimum. However due to rising business costs linked to inflation we have had to revaluate our pricing structure.

In this instance, the increase to price plans is in line with RPI at 2.7 percent and compliant with the Terms and Conditions of your contract. Our Terms and Conditions give us the right to increase the cost of our services and this change does not give you a right to terminate your contract. Please refer to clause 7.1 in your Terms and Conditions.

Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter.

Yours sincerely

Victoria Hunt
Executive Office, EE"

However, sending the second email yesterday wasn't completely without merit - I've had an email back from Ofcom:

"Ofcom reference: XXXXXXX


23 April 2014

Dear Mr XXXXXX

Thank you for contacting Ofcom.

We are currently waiting for further advice regarding your complaint. Once we have this, a response shall be sent to you as soon as possible.

Thank you for your patience.


Yours sincerely

Jessica Eyles
Consumer Contact Team"

Do we need to send the email in Post 175 now, adjusted to say we received a letter rather than an email?

Thanks in advance RandomCurve!

Edit: Just seen your replies to the other folk. Next email it is then, editted to say I've received a letter rather than email. Thank you!

Edit #2: Do we want to CC the Ofcom lady into the email in Post 175?

Edit #3: The email in Post 175 mentions section 15.1 of our contract - my contract V59, only goes up to 9.something. Is that a typo? I don't want to send the email with inaccurate information as they may try to use that against me!

Please copy in Ofcom -they are burying their head in the sand - again.


You are correct you need to use the clause applicable to your contract 15.1 is the Orange contract if I remember correctly 7.1 is T-Mobile and EE.

Mikmonken

RandomCurve At what point will this need to go to CISAS?

What would happen if EE u turned and said OK we'll waiver the price rise, could I still pursue a penalty free early contract release, which is ultimately what I want to do as was verbally promised 4g and it took 8 months for it to finally arrive.

ulaggy

RandomCurve wrote: »

Please copy in Ofcom -they are burying their head in the sand - again.


You are correct you need to use the clause applicable to your contract 15.1 is the Orange contract if I remember correctly 7.1 is T-Mobile and EE.

Thanks mate, I wasn't quite sure so held back on sending the email. Ofcom CC'd in and clause amended. Will let you all know how I get on!