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EE.T-Mob.Orange. Change T&C From 26th March 2014

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  • Dils47
    Dils47 Posts: 24 Forumite
    Just sent of Email 3 post #116,


    Got read receipt for Mr Swantee
  • I've sent the first template twice and I still haven't received anything back. No confirmation and no automatic reply. No nothing. Is this right? What should I do?
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    Sunnyhaze wrote: »
    I've sent the first template twice and I still haven't received anything back. No confirmation and no automatic reply. No nothing. Is this right? What should I do?


    See post #112, if it has been well over 5 working days since the first email send it again, tell EE it is the third time you have contacted them (give the dates) and make it clear that this is not acceptable to you.
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    Mr_Uddin wrote: »
    7.1.4 we can increase any price plan charge. We will give you "written notice" 30 days before we do so. The change will then apply to you one the notice has run out.


    Can you tell me what the clause below say in the original EE contract (or do you have a link?)



    Clauses: 2.11.3 and 7.2.3.2


    Thanks
  • EE are the parent company of Orange and T-Mobile so wouldn't we all be customers of EE?
  • Well I sent the first e mail on the 10 and had no reply by today so sent it again.
    Will give them a further five days then mention the previous two emails in my next message.
    I wasn't particularly in fighting this to start with and just saw a quick way to end my contract. However after being ignored Im now determined to fight this one.
  • EE are the parent company of Orange and T-Mobile so wouldn't we all be customers of EE?

    You are right - we are all effectively customers of EE. The thing is all 3 "brands" have different T&Cs (this is what caught them out last year with the T-Mobile price rise - they tried to apply the Orange price rise, to T-Mobile contract terms and timing).


    The main thrust (as I see it) of the change in T&Cs are:
    1. So that EE have one consistent price rise clause so they do not have to consider the 3 brands individually, and therefore reduce the risk of potentially misapplying a price increase;
    2. The T&Cs were so badly worded that they were easy to misapply (T-Mobile messed up 2012 for 1/2 of its customers, and 2013 for all of them), and
    3. If a customer challenged the T&Cs correctly you could have the price rise declared invalid (can't escape the contract, but they can't apply a price rise). By the way if you have suffered a price rise in the past (with EE or any provider) you can still claim back the amounts taken from you over and above the original contract price:
    http://forums.moneysavingexpert.com/showpost.php?p=63813901&postcount=29


    So the change to the T&Cs has nothing it do with making it easier for the consumer, but everything to do with EEs profit line!
  • Can you tell me what the clause below say in the original EE contract (or do you have a link?)



    Clauses: 2.11.3 and 7.2.3.2


    Thanks

    2.11.3-if you are a consumer and the change is of material detriment to you we will send you written notice of 30 days before the terms and conditions are due to change. The new terms and conditions will apply to you once the notice has run out. Unless you terminate the contract with us within that period. If you do this you won't have to pay any cancellation charge that would otherwise apply see point 7.2.3.2

    7.2.3.2-you are a consumer and the change that we gave you written 30 days notice of in point 2.11.2 or 7.1.4 above is of material detriment and you give us notice to immediately cancel this agreement before the change takes effect
  • Hi,

    I have an Orange contract from March 2013, will this be applicable to me? THe contract has clauses stating they can raise proces in relation to RPI, however they have still sent me a text saying they will be changing my terms and conditions, so is it worth pursuing cancellation?
  • Please respond to executive.office@everythingeverywhere.com

    Dear Mr xxxxx,
    Just received this email


    Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

    Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

    This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.



    How on earth do they think they can decide what is considered as materiel detriment?
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