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

RandomCurve

ChilliP2012 wrote: »

Correct, that's business, an opportunity to make money, but not when it comes at the expense of consumers and breaches of consumer law. Which Ofcom and these other quangos are not doing, they are not protecting the consumer and are actually there, in my view, to protect the business. There needs to be a re-balance of power here. I might raise the issue with my local MP.

Raised it with my MP (Twice) He wrote to Ofcom last summer and again in November - Ofcom have ignored BOTH of his letters!!!! He has agreed to support a case against Ofcom with the Parliamentary Ombudsman, I had a case all ready to go and then the EE T&Cs change occurred and the O2 and EE prices rises, so I now have more rope to hang Ofcom with, but need to wait for the outcome of some of these cases first.


The more of us who go to see our MPs about this the better.

ChilliP2012

Sounds good to me and I'll be happy to contact my local MP & if required MSP.

ChilliP2012

I'm just off the phone to O2 Legal Department. They feel they are justified in their decision to raise prices because Ofcom gave them the green light to do so and hence why they are defending the case. However, because of the significant cost to both myself & O2 of having a case in the small claims track, we've both agreed to use the Small Claims Mediation Service. What this will allow us to do is discuss both my arguments & O2's defence and hopefully come to some agreement without having to proceed any further. Of-course any resolution offered can both be rejected by both parties and we can still proceed down the small claims track.

However, should any settlement be forthcoming then it will be bound by the court and the agreement kept, yep you've guessed it, confidential. Now the basis of their argument is as follows:

1. They are lawful in raising their prices after Ofcom agreed.
2. Because I haven't paid anything upfront, ie the cost of the remainder of my contract, then I am not out of pocket and as such not entitled to claim in the small claims court.

Having discussed my points, but not the relevant laws I am relying on to bring my case, then it looks as though we may come to a settlement where they may, for example, write my contract off, but I return the handset to them (I'm only using this as an example of what could happen and I'm sure it's been mentioned in this and other threads). Something like this would be difficult for me to do as I no longer have the handset, but let's see what is offered and what we can sort out, if anything. It could also be another resolution that may be suggested though and I must make that clear. I'm hoping it isn't going to be long before my situation is resolved.

I did mention the fact that if I were to win my case then this could potentially ruin O2 as it would open the floodgates for others to also claim. He wasn't best pleased I mentioned that, but I had to get it in. Interesting times ahead.

It was a nice, friendly & informative chat to be fair.

V_For_Verminator

Interesting times ahead. Good on you for taking it so far.

RandomCurve

@ChilliP2012


Why will the small claims court cost you significant amounts of money?


My understanding is that O2 can't claim costs if they win, so if you lose it is only your costs you bear (which you have already paid to get the case this far). Where have I gone wrong?

RandomCurve

ChilliP2012 wrote: »

I'm just off the phone to O2 Legal Department. They feel they are justified in their decision to raise prices because Ofcom gave them the green light to do .

Is that the same Ofcom who said:

• T-Mobile have "acted reasonably" in 2013 when T-Mobile applied the wrong RPI? -95% of people won their claims
• And the same Ofcom that said EEs T&Cs complied with the UTCCRs - and now EEs own legal team are arguing that they didn't
• And the same Ofcom that said EEs change in T&Cs was not of Material Detriment - and now 90% of claimants have now won their cases?

Given their track record I think you are more likely to win if Ofcom are against you!!!

ChilliP2012

Sorry for the very late response. I'll double check the info in your first post regarding costs.

Again, the information regarding Ofcom in your second post above is just more ammo to add to my claim. I visiting my solicitor for some free legal advice on Monday so I'll ask him about costs then. The guy I spoke to today did try to belittle me at first, but soon changed his stance when he realised that I wasn't for being bullied and knew what I was talking about. Even resulting in a few of my own scare tactics. It's been an interesting chess match so far.

As I've said there is no guarantee I will accept anything they offer me. However, I think the likely scenario is exactly what I posted above, which brings us to a new issue as I no longer have the Note 2 that I upgraded to back in 2012. Fun & games to be had.

adpod

Small claims court is there for us normal people to have our say incourt at a reasonable cost.

O2 can not counter-claim for legal costs and the only legal costs you can claim for is the claims court fee (you have already paid that so it wont cost you any extra)

Dont let their bullying scare tatics of extra legal fees cloud the case, they will pay for a solicitor to go to court for the day at £250+ per hour and they cant claim for that even if they win.

Take them for eveything you can get, then get the papers involved and let others take them to court.....

RandomCurve

ChilliP2012 wrote: »

....
.. the information regarding Ofcom in your second post above is just more ammo to add to my claim.......:)

If you need any more details then PM me.

ChilliP2012

Thanks adpod & RC, much appreciated.