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

RandomCurve

Did you EE/Orange/T-Mobile customers receive the change in T&Cs text? The link is below.

It effects customers who are on Pre October 2012 contracts. and I think it opens up your right to a PENALTY FREE CANCELLATION!!


http://help.ee.co.uk/system/selfserv...D=VIEW_ARTICLE


So why can you cancel penalty free? Well the old T&C was unenforceable as it was ambiguous, so EE are lining you up for a price increase. the notice they have given you is in accordance with GC 9.6 which is the UK enactment of USD 2002/22 which states that you can cancel PENALTY FREE for ANY MODIFICATION to your T&Cs

RandomCurve

An initial template email that can be sent (delete the red or the blue text depending on which brand you are with.


Dear Mr Swantee

Phone Number 07XXX-XXXXXX

Please accept this email as my notice to terminate my contract with Orange T-Mobile as per clauses 15.1(b) and 4.3.1 2.11.2 and 7.2.3.2 following EEs recent communication to me regarding a change to my Terms and Conditions.

I find the change unacceptable and consider it to be of Material Detriment. Additionally under Universal Service Directive 2002/22/EC of the European Parliament and of the Council 7th March 2002, Chapter IV – End User Agreements, Article 20 – Contracts, Paragraph 4 I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions.

Please send my PAC code (penalty free) by return and refund any prepaid sums made on my account.

Regards




XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

I think this case is winnable for the following reasons:

1. The USD (as described above);
2. How can Material Detriment be defined in relation to a changed clause? You can't relate it to a figure such as RPI as you can with a price rise, as the change is a legal effect not a monetary one;
3. Unfair Terms in Consumer Contracts (UTCCRs) state that a company can not give itself sole power to determine what a term means (e.g. Material Detriment)
4. UTCCRs also states that when a term is ambiguous (e.g. point 2 above) It is the interpretation most beneficial to the CONSUMER that shall be used.

Schedule 1 of the UTCCRs: Terms which may be UNFAIR:

(m)
giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;
AND

The UTCCRs require standard terms to be expressed in plain, intelligible language. (Regulation 7 of the UTCCRs states 'a seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language'.) This means that consumers (not just lawyers) can understand not just the words used, but their effect. Unclear or ambiguous terms, and those with uncertain application, especially those which could be detrimental to the consumer, may be challenged. Where the meaning of a term is ambiguous, the UTCCRs state that the interpretation that is most favourable to the consumer shall prevail.

RandomCurve

For T-Mobile customers this change in T&Cs is of Material Detriment.

The original T-Mobile clause contained the word "reasonable" in relation to the price increase, the effect of using that word meant that the price rise clasues was unenforceable as "reasonable" can not be defined until you go to court and T-mobile control when they send letters, what months RPI they want o use and when the price is effective, they could only ever use the word "reasonable" to your disadvantage (hence why it was unenforceable). As the new term is very clear then it is enforceable and therefore under the old T&C they could not increase prices (they did and relied on consumer ignorance not to challenge), but following several exchanges between myself and Ofcom Ofcom told EE they could not use the old clause.

simax

All that has happened is a re-wording of the T+C's as per OFCOM guidance.

The old T+C's basically said if the operator raised prices by more than RPI you can cancel. Which is the same as the new wording. Just written a bit clearer.

Non-story.

drewziph

simax wrote: »

All that has happened is a re-wording of the T+C's as per OFCOM guidance.

The old T+C's basically said if the operator raised prices by more than RPI you can cancel. Which is the same as the new wording. Just written a bit clearer.

Non-story.

I think you are getting it the wrong way round. Ofcoms ruling was that the original terms and conditions were unfair.

To try and correct this, EE are trying to retrospectively change their terms conditions, which in itself is an entirely separate breach of the original terms.

As Ofcom have ruled that EE were wrong to write the t&c in the first place, I can't see how they could rule that it is fine to change them to the further detriment of the customer.

EE can make it clearer in t&c for new customers but cannot go back and change old t&c to clearly put customers in a worse position than they were when they signed the original (unenforcable) agreement.

RandomCurve

simax wrote: »

All that has happened is a re-wording of the T+C's as per OFCOM guidance.

The old T+C's basically said if the operator raised prices by more than RPI you can cancel. Which is the same as the new wording. Just written a bit clearer.

Non-story.

EE would not change T&Cs for no reason, or to their disadvantage, therefore the change is for their benefit, and if it is for their benefit then it is to your detriment (material or otherwise).

Ultimately it will be CISAS (the independent adjudicator) or the Small Claims Court that makes the decision.

It costs NOTHING to challenge EE on this, and costs NOTHING to take the case to CISAS. You have 30 days from the date of notification to request a penalty free cancellation. If you make the request you can wait and see how others get on at CISAS and then take up your claim again if customers start to win cases, but if you don't send the request then after 30 days you have no right to a penalty free cancellation.

To me it seems like a no brainer - you send a few emails and maybe (likely I think) get out of your contract and keep your phone, or maybe (less likely I think) you lose at CISAS and it has cost you nothing.
I can't see why you would not send the email:

• Down side = ZERO lost
• Upside = X Months free use of phone (X= number of months between your initial cancellation request and final settlement) Plus moving on to SIM only saving you money every month

Send the email as per post #13 - it costs you NOTHING

shafeeq

Hi

I am with orange and received the text message. Which email address do you sent the letter to.

Thanks for your help
Shafeeq

50Twuncle

What is EE's price rise going to be ?


It simply says "... more than RPI.........." in the link.
If they pick Decembers RPI - 2% - That is fair enough - but they appear to be predicting next months RPI again - which is just not on.
Has anyone managed to get a response to any emails to EE recently ?

Ed13P

I'm with EE and joined in February last year.

My existing clause (the one they are looking to replace) suggests you can cancel the agreement without charge if EE raise their prices by more than the RPI (and the important part I think so far as I am concerned) or any other statistical measure of inflation published by any government body authorised to publish measures of inflation from time to time.

So, at the moment they seem to be restricted to a price rise which does not exceed the lowest inflation figure published by any government organisation. For example the Consumer Prices Index which is usually lower than the RPI. There could be others that are even lower - I don't know.

The new terms only refer to the RPI and since this is usually a higher figure for inflation, the change in terms must be to my material detriment.

Asghar

How can mobile companies be allowed to change the t&c's mid-contract.
My current contract ends in June and surely any changes would take effect then if I decide to renew.