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Mobile Phone Contract - Price Rise Refunds

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  • Mikmonken
    Mikmonken Posts: 374 Forumite
    Tenth Anniversary
    edited 19 May 2014 at 8:08PM
    there is a line in the response here.

    56. The Respondent denies that the Claimant is able to request that the prices are not increased. The Respondent denies that, if such is alleged, that it mis-sold the terms of the price plan to the Claimant. At the time of entering into the Agreement the Respondent did not have plans to increase its prices and that therefore the price quoted to the Claimant was the correct price at that time. The Respondent submits that it did not mis-sell or mis-lead the Claimant in respect to such charges. The Respondent submits that it was not a ‘fixed term contract’ and that the Respondent could increase its charges, as provided for by way of the Agreement. The Respondent has exercised its contractual right to increase charges and the Claimant is not entitled to the remedy sought.

    I'm not sure how T-Mobiles contracts work - but the 2 EE contracts I have are called "4GEE £41 plan 2GB - 24M" and "Shared Phone £32".

    Surely anything other than these prices would construe being misleading?
  • Savedotmoney
    Savedotmoney Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Well this is interesting. I phoned EE out of curiosity (to satisfy my mind) to see if my contract was scheduled for deletion and they stated it is NOT.

    The line manager I spoke to earlier on lied to me, stating that the contract had been scheduled for cancellation and a PAC code sent in the post. Needless to say I'm in the middle of another conversation with another manager based in the UK arguing everything. I have requested a copy of the tapes for phone calls I have made today as well.

    Strangely enough he offered me an iPad and an iPhone whilst on the phone to him... I'll update this soon but I'll be throwing everything at them now.
  • ulaggy
    ulaggy Posts: 201 Forumite
    Well this is interesting. I phoned EE out of curiosity (to satisfy my mind) to see if my contract was scheduled for deletion and they stated it is NOT.

    The line manager I spoke to earlier on lied to me, stating that the contract had been scheduled for cancellation and a PAC code sent in the post. Needless to say I'm in the middle of another conversation with another manager based in the UK arguing everything. I have requested a copy of the tapes for phone calls I have made today as well.

    Strangely enough he offered me an iPad and an iPhone whilst on the phone to him... I'll update this soon but I'll be throwing everything at them now.

    Wow that's awful. Makes sense in the context of what I was being told, but that's still dreadful.
  • Savedotmoney
    Savedotmoney Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I am due a phone call today from this manager after he has had time to speak to his "RPI" guys. I will update at the conclusion of the conversation.
  • goggster
    goggster Posts: 13 Forumite
    Well this is interesting. I phoned EE out of curiosity (to satisfy my mind) to see if my contract was scheduled for deletion and they stated it is NOT.

    The line manager I spoke to earlier on lied to me, stating that the contract had been scheduled for cancellation and a PAC code sent in the post. Needless to say I'm in the middle of another conversation with another manager based in the UK arguing everything. I have requested a copy of the tapes for phone calls I have made today as well.

    Strangely enough he offered me an iPad and an iPhone whilst on the phone to him... I'll update this soon but I'll be throwing everything at them now.

    did you record your initial conversation?
  • Savedotmoney
    Savedotmoney Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    goggster wrote: »
    did you record your initial conversation?

    No I didn't have the functionality to do that unfortunately. :mad:
  • amf
    amf Posts: 483 Forumite
    Part of the Furniture Combo Breaker
    One of my contracts only started in November 2013. Should I be making any capital of the fact that a 2.7% increase in a few months exceeds the annual RPI increase of 2.7%?
  • Martinmal1
    Martinmal1 Posts: 38 Forumite
    amf wrote: »
    One of my contracts only started in November 2013. Should I be making any capital of the fact that a 2.7% increase in a few months exceeds the annual RPI increase of 2.7%?
    I Have put in the fact that my contract only started in Jan 2014 so the price rise is higher than 2.7% as they have not allowed a full year from the date the contract was taken out
  • Pilotmic
    Pilotmic Posts: 26 Forumite
    Mikmonken wrote: »
    there is a line in the response here.

    56. The Respondent denies that the Claimant is able to request that the prices are not increased. The Respondent denies that, if such is alleged, that it mis-sold the terms of the price plan to the Claimant. At the time of entering into the Agreement the Respondent did not have plans to increase its prices and that therefore the price quoted to the Claimant was the correct price at that time. The Respondent submits that it did not mis-sell or mis-lead the Claimant in respect to such charges. The Respondent submits that it was not a ‘fixed term contract’ and that the Respondent could increase its charges, as provided for by way of the Agreement. The Respondent has exercised its contractual right to increase charges and the Claimant is not entitled to the remedy sought.

    I'm not sure how T-Mobiles contracts work - but the 2 EE contracts I have are called "4GEE £41 plan 2GB - 24M" and "Shared Phone £32".

    Surely anything other than these prices would construe being misleading?

    So if they say it's not a fixed term contract then surely you are free to leave it now regardless of their stance on price rises?! Seems they haven't thought this through!:T
  • gjchester
    gjchester Posts: 5,741 Forumite
    Pilotmic wrote: »
    So if they say it's not a fixed term contract then surely you are free to leave it now regardless of their stance on price rises?! Seems they haven't thought this through!:T


    Its not a fixed term contract its just a contract with a minimum term. Fixed term contacts would expire and close after the set time.

    If you sign you for say 24 months the contract does not cease at the end of month 24, it becomes a rolling 30 day contract.




    You have always been able to leave a mobile contact at any point, the question is what fee would be due to you not meeting the minimum term commitment you agreed to.
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