Mobile Phone Contract - Price Rise Refunds

edited 14 May 2014 at 10:18PM in Mobiles
1.6K replies 135.2K views
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  • When did she take the contract? And has she used the phone?

    didn't realise we had moved onto the second page sorry for the late reply,

    She's had the contract for about 3 months and she has used the phone a lot, exceeding her contractual limits already on a few occasions
  • Hellfc wrote: »
    didn't realise we had moved onto the second page sorry for the late reply,

    She's had the contract for about 3 months and she has used the phone a lot, exceeding her contractual limits already on a few occasions


    The fact that the phone has been use for 3 months means - I think - that she is unlikely to be able to cancel the contract without penalty.

    I think there are 2 options:
    1 - If the problem is that the inclusive allowance are not enough she should be able to contact them and ask to go onto a higher monthly tariff (which could work out cheaper than paying the current tariff plus out of contract charges; or
    2 - Find out how much the phone is worth on one of the many sites that buy second hand phones - if what she can get a good price she may be able to afford to sell the phone and then pay off the contract.
  • I have just sent your template to see if i can get out of my contract (second attempt as i sent one in May when they first announced the rise). Hoping if they quote it must be within 30 days of the rise being announced, the email from them replying saying it can not be cancelled will be sufficient evidence showing that i tried to cancel.

    I do not know what the chances of me being able to get it cancelled penalty free as i got an early upgrade around the 10th of October 2012, with first payment being end of October. Hoping that i am on the V59 contract :P

    Thank you for the template
  • I took out my contract with E2Save - not Vodafone directly - does this make a difference as I don't think I got a welcome letter from Voda? Thanks for your help...
  • EvilJaz wrote: »
    I have just sent your template to see if i can get out of my contract (second attempt as i sent one in May when they first announced the rise). Hoping if they quote it must be within 30 days of the rise being announced, the email from them replying saying it can not be cancelled will be sufficient evidence showing that i tried to cancel.

    I do not know what the chances of me being able to get it cancelled penalty free as i got an early upgrade around the 10th of October 2012, with first payment being end of October. Hoping that i am on the V59 contract :P

    Thank you for the template

    This letter will NOT let you get a penalty free termination, it will only get the amount taken over and above the originally agreed contract price in the past SIX YEARS refunded.
    IF YOU ARE ON A POST 30th OCTOBER 2012 T-MOBILE CONTRACT THEN SEE THE T-MOBILE FORUM - YOU SHOUL DBE ABLE TO OBTAIN A PENALTY FREE CANCELLATION!

    http://forums.moneysavingexpert.com/showthread.php?t=4536143&page=109
  • Hi Random,

    Should have made it a bit more clear. I sent the email from your other thread meant for people on V59 contracts.
  • Pippin12 wrote: »
    I took out my contract with E2Save - not Vodafone directly - does this make a difference as I don't think I got a welcome letter from Voda? Thanks for your help...

    Your contract will be with Voda. E2Save; dial-a-phone; mobiles.co.uk etc, etc, are just "shops" the actual contract is with your provider.

    If you purchased through the internet you should have received an "order summary" email that details all of the main points (Allowance, price length of contract). If that summary does not say that the price is "variable" or is "initial" then that is all the evidence you need to use argument 1 (you can still use argument 1 without evidence at is up to the provider to PROVE they did make you aware of the price variation clause). And ticking a box to say you accept the T&Cs does NOT count as being CLEARLY and ADEQUATELY drawn to your attention!

    If you find the order summary and it does say the price is variable (I'd be VERY surprised if it did) - no problem - just use argument 2 re transferring risk etc.

    Good luck!
  • edited 2 February 2014 at 12:10PM
    RandomCurveRandomCurve Forumite
    1.6K Posts
    edited 2 February 2014 at 12:10PM
    You have reached the “landing” page for the forum on

    How to have your Mobile phone price increases Refunded

    From the last six years!!


    STOP PRESS - in January 2014 EE decided to settle out of court on another of my mobile phone contracts - price rise was refunded! my legal arguments were exactly the same as the ones you will find on this forum - ACT NOW and stop this robbery by the phone companies



    Back in August I WON a case against Orange (EE) whereby the price rise clause was deemed UNFORCEABLE and Orange had to repay the sums taken from me over and above the original contract price, and to ensure that all future bills to the end of the contract were billed at the originally agreed price! It cost me NOTHING to do this (and even if I had lost it would have still cost me NOTHING). There is no reason why you can't win a case against your mobile phone provider (in my case I was also awarded £50 compensation -you may be able to get something too)!


    Ofcom have recently announced (October 23rd 2013) that any Mobile Phone contract taken out from 23rd January 2014 can only contain a price rise clause if it gives you the right to a penalty free cancellation – At last a start – welcome to the World Ofcom!

    But what about those of us who have already been subjected to price rises – why has Ofcom not demanded that the Mobile Phone companies repay those sums (just like PPI)? It is a good question because Ofcom’s own investigation highlighted:
    1. That the Price rise clauses are hidden
    2. They are not transparent
    3. They transfer risk to the consumer and
    4. They cause consumer harm (hello Ofcom I thought you had a LEGAL duty to protect the consumer from harm).
    All four points above mean that the price rise clause is UNFAIR and UNENFORCEABLE under the Unfair Terms in Consumer Contracts Regulations 1999 UTCCRs.

    With the above in mind I believe that everyone who is prepared to take a few minutes to contact their mobile provider (even if your contract has finished) will be entitled to a refund of the amounts taken over and above the originally agreed price, and have future payments capped at the original price!

    I can’t guarantee you will win, but I won against Orange, so it is possible! And the beauty of it is:
    If you LOSE it would have cost you NOTHING, but the cost of defending your claim will cost your provider £300 to £500! So they have made a loss on imposing a price rise on you – now that sounds GOOD :rotfl:

    Please see posts #1 to #3 for the background, and post #11 and #12 for the email to send (posts #6,7,10 and 13-16 are the “legal/background stuff”, there is no need to read or understand these if you don’t want to. All of the posts are on PAGE 1 of the Forum. http://forums.moneysavingexpert.com/showthread.php?t=4818999

    You do NOT need to read or understand the legal technicalities – I will post template emails as they are required!

    If you took out a T-MOBILE contract on or after 31st October 2012 (and you are reading this before the 13th December 2013) then please see the T-Mobile price rise forum as you should be able to CANCEL YOUR CONTRACT PENALTY FREE (you get given a PAC code to take your number elsewhere and can then save money by going SIM only). Or sell your phone and take out a new contract after 23rd January knowing that you won’t have to suffer a price rise!!! http://forums.moneysavingexpert.com/showpost.php?p=63813942&postcount=2181
  • Randomcurve can you help us to check this reply from O2 and help us to draft a response please?


    Our reference: ******
    Mobile phone number: ************

    Dear *******

    Thank you for your email of 20 November.

    O2 have held off putting tariff prices up for as long as possible. However, due to inflation we had to change the price of your old tariff (O2 Unlimited) on 28 February 2013 from £62 a month to £63.98 (before any discounts). We were the last of our competitors to do this.

    You then changed your tariff on 6 May 2013 to our O2 Simplicity Unlimited 30 day tariff. This costs £31 a month.

    As you know, our terms and conditions allow for such an increase. We took the Office of Fair Trading (OFT) guidance as well as the Unfair Terms in Consumer Contract Regulations 1999 (UTCCRS) into consideration when making the difficult decision to increase our prices.

    We will address each point you have raised in your letter below:

    1. The price variation clause was not drawn to my attention during the sales process. To ensure you’re not bound by hidden terms, our price increase provisions are highlighted at the front of the terms in a summary in our consumer Pay Monthly booklets, Welcome Packs and online. They’re also covered in the summary terms on the paper you would sign in a store. O2 also offered a 14-day Change of Mind period at the point you agreed your previous 18-month contract, online at o2.co.uk.

    2. The price variation is discretionary. We note your reference to Schedule 2 Paragraph 1 (J) of the UTCCRs. However, we are not varying the terms in our agreement. We are simply exercising a right that we already have under the agreement.

    3. You cannot implement a price rise clause other than for the purpose stated in the contract.
    Our clause is in line with the OFT guidance and is very similar to the example they provide of a fair term. We are also clear on how often we can put up prices and how much we can increase prices by.The reason for our price increase was referred to our contract, which talks about increases in line with the Retail Price Index (RPI) annual inflation rate.

    4. You cannot pass risks to me that O2 is better able to control or anticipate. Our price increase clause is not an attempt to allocate risk to you as a customer. For example, we are not putting a burden on you for loss or damage to goods. O2 does not have control over the rate of inflation in any event.

    5. The burden of proof does not lie with the consumer. We are not putting an unreasonable burden of proof on you that would prevent you from reading your contract or indeed contacting us with concerns, as you have chosen to do. There are avenues available to you and you can contact our Ombudsman on 0330 440 1614.

    6. O2 is put to strict proof that the price increase is an accurate reflection of cost increases incurred in operating my contract. As you know, RPI is a measure of inflation published monthly by the Office for National Statistics. It measures the change in the cost of a basket of retail goods and services. Referring to the RPI rate was the fairest way to reflect the increasing costs incurred by O2 in providing its services. O2 have always tried to absorb costs associated with increased inflation and have held off putting up prices for as long as possible.

    7. O2is put to strict proof that the initial price of the contract had not already factored in any anticipated cost increases associated with the operation of an 18 month contract. Like any business, we try to factor in anticipated costs associated with the operation of our business to the extent possible.

    8. O2 is put to strict proof that the price variation clause was clearly and adequately brought to my attention at point of sale. We have addressed this point.

    In light of the above, we believe that our contract is enforceable, and we are not able to provide you with a full refund.

    Best regards

    James Malloch | Telef!nica UK Limited
    Executive Relations
    T 0845 330 0683

    This electronic message contains information from Telefonica UK or Telefonica Europe which may be privileged or confidential. The information is intended to be for the use of the individual(s) or entity named above. If you are not the intended recipient be aware that any disclosure, copying distribution or use of the contents of this information is prohibited. If you have received this electronic message in error, please notify us by telephone or email. Switchboard: +44 (0)113 272 2000 Email: [email protected] Telefonica UK Limited 260 Bath Road, Slough, Berkshire SL1 4DX Registered in England and Wales: 1743099. VAT number: GB 778 6037 85 Telefonica Europe plc 260 Bath Road, Slough, Berkshire SL1 4DX Registered in England and Wales: 05310128. VAT number: GB 778 6037 85 Telefonica Digital Limited 260 Bath Road, Slough, Berkshire SL1 4DX Registered in England and Wales: 7884976. VAT number: GB 778 6037 85


    Also EVERYONE please show your support by liking our facebook page search "SayNoToO2"
  • I will give a full response tomorrow.

    At least O2 have had the courtesy to address each point in turn, unlike EE who send out a general email about price rises and GC 9.6 so some credit to O2 there.

    I can write a defence to most of this (mainly because their annual report stats that costs DECREASED by 14.8% in the European Mobile phone Market!!!), but I need to know a few things from you on a couple of specifics:

    " ..... our price increase provisions are highlighted at the front of the terms in a summary in our consumer Pay Monthly booklets, Welcome Packs and online. They’re also covered in the summary terms on the paper you would sign in a store."
    1. Did you buy your contract in store or online?
    2. Is it clear in a summary upfront that the price is variable? And
    3. Did you receive a price rise letter that quoted any of the following:
      1. GC 9.6 (General Condition 9.6)?,
      2. 30 Days notice of price increase?, Or
      3. Your termination rights?
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