MSE News: O2 to hike its prices by 2.7% - can you leave your contract penalty-free?

V_For_Verminator

That's very true LGP but I suspect that o2 wouldn't want this within a courtroom. If Chilli was to get a favourable verdict it would cause bedlam. I am pretty sure that Chilli will be getting an offer - whether or not he accepts it is entirely down to the offer I would guess.

ChilliP2012

Yep, needless to say I am typing a long email questioning their reasons for emailing when I have given them every opportunity to resolve said dispute before legal action. I'll give them Ofcom's definition of 'Material Detriment' and the explanation given above by nsabournemouth, but as far as the rest of the legal matters regarding UTCCR's & USD's then I will save that for the time being.

-Edit-

I've included my email response below:

Dear Mr XXXXXX,

Thanks for your email that I have received this afternoon.

I am wary of your reasons for contacting me. I have already emailed Carole Love, on receipt of O2’s defence and advised that I would be willing to mediate. As yet I have had no reply.

I am now in a catch 22 situation as O2 have had plenty of time to resolve this, but time after time they have replied with the same copy and paste responses and nothing has ever been personal, up until receiving your email.

I have a number of legal grounds for my case, but again I’m not sure if I would like to discuss them as I am wary of you and O2. I’ve noticed from O2’s defence that they have questioned a number of things and I’m going to highlight a couple of them for you personally.

1. The jurisdiction of the court – I have today received my questionnaire and the letter accompanying this states that the case seems suitable for the small claims track. I wouldn’t of started small claims proceedings against O2 without first checking that the jurisdiction of the court is suitable as I am a resident of Scotland. In any case had it of not been suitable, I would of pursued in the Sheriff Court of Glasgow.

2. I also notice the criticism that O2 have made regarding my Particulars of Claim. Surely your legal department would have been aware that I am limited to the number of characters that I can use when submitting a claim online via the MCOL (Money Claims On-Line Service). As such I got to the meat of the matter rather than waste time and space when filing my Particulars of Claim on-line. I apologise for my lack of knowledge regarding legal protocol, but it seems this has been a very bitter affair and that as soon as I have received a questionnaire from Northampton County Court, O2 are quick to email me to mediate.

I have at no point, as pointed out above, been opposed to mediation and just to reiterate I have given O2 every opportunity to mediate, which they have failed to do until I have filed a small claim.

Finally, you are asking about my legal grounds are for bringing a case against O2. Surely O2 could actually wait until I have completed my questionnaire and supplied additional evidence to both the court and O2 (the defendant) which would clearly state my legal grounds for bringing legal action against yourselves.

In late 2013 (not sure of exactly which month) but I recall having called O2 as I was experiencing severe financial difficulty because of my inability to work due to mental health issues. In short these price rises cause me ‘Material Detriment’. Now I note in your defence your definition of ‘Material Detriment’. However, allow me to clarify and I also have a definition from Ofcom themselves.

The Ofcom publication “ Price rises in fixed term contracts - Decision to issue Guidance on General Condition 9.6”, Published in October 2013. Ofcom defined “Likely to be of Material Detriment as follows:

Paragraph 6.22
“In particular, we consider guidance is needed as to price rises which we are likely to regard as materially detrimental (or likely to be materially detrimental) and invoking the requirements of GC9.6. Such price rises are likely to include any increase to core subscription prices.”

Ofcom have announced that this will only apply to contracts entered into on or after 23rd January, all Ofcom have actually done is clarify a definition. They have not changed the words of GC 9.6. As they have only clarified a definition then the definition must apply to all contracts as it cannot be a legally correct position that two contracts subject to the same regulation with exactly the same wording (GC 9.6) can have two different meanings.

I have a few alarm bells ringing here so you’ll have to forgive me for why I am questioning certain points raised in your email.

I am happy to discuss this further and I can be contacted on 01000000000

Yours sincerely.



Mr XXXXXX XXXXXX

iAMaLONDONER

ChilliP2012 wrote: »

Just received 2 things today. One is a questionnaire as this case has been deemed suitable for the small claims track.

The second is an email from O2.

Let us know if how it goes in court or if you get a settlement!

ChilliP2012

iAMaLONDONER wrote: »

Let us know if how it goes in court or if you get a settlement!

Don't worry, I will do

Even if I'm offered a settlement, I'm still tempted to bring this to court for the thousands of others that are in the same boat.

RandomCurve

iAMaLONDONER wrote: »

Mine's going up by a similar amount- T-mobile in my case.

I'll be leaving them in August anyway lol!

Go for a penalty free cancellation:


See post #210
https://forums.moneysavingexpert.com/discussion/4818999

RandomCurve

ChilliP2012 wrote: »

Yep, needless to say I am typing a long email questioning their reasons for emailing when I have given them every opportunity to resolve said dispute before legal action. I'll give them Ofcom's definition of 'Material Detriment' and the explanation given above by nsabournemouth, but as far as the rest of the legal matters regarding UTCCR's & USD's then I will save that for the time being.

-Edit-

I've included my email response below:

If not to late also use the current definition of Material Detriment "if the change is not to your benefit or at least Neutral" as O2 have used RPI and not CPI it is a REAL TREMS increase - so not neutral!


I would have also told O2 that in the extensive communication you have already laid out the legal basis of your case and they are more than welcome to actually read them this time rather than sending a cut and past job!


You are right to ignore UTCCRs at this stage as they will only get you the price rise refunded, andO2 will cease on that so don't raise it.

Lifes_Grand_Plan

iAMaLONDONER wrote: »

Let us know if how it goes in court or if you get a settlement!

If O2 have any sense (haha, funny I know) they will make an offer to Chilli on the proviso of confidentiality. If so and if Chilli accepts then he won't be able to let us know

iAMaLONDONER

RandomCurve wrote: »

Go for a penalty free cancellation:


See post #210
https://forums.moneysavingexpert.com/discussion/4818999

Thanks, however isn't there a clause in the T&Cs permitting rises in line with inflation?

V_For_Verminator

Many congratulations to the Communications Ombudsman - I made my complaint on the 19th March and I received my reply this morning via post. Hilariously inept.

RandomCurve

iAMaLONDONER wrote: »

Thanks, however isn't there a clause in the T&Cs permitting rises in line with inflation?

There sure is - but that is subject to Ofcom GC .6 . Read that thread and you will see the logic.