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

RandomCurve

Section 1


Summary 1.1
This statement sets out the Office of Communications’ (“Ofcom”) decision to issue guidance on General Condition 9.6 (“GC9.6”). The guidance will secure fairness for consumers and small business customers in respect of price rises to the core subscription price during the fixed term of contracts for telecommunications services.

1.2 The guidance sets out that:
• we are likely to regard as materially detrimental (or likely to be materially detrimental), for the purposes of GC9.6, any increase during the fixed term of the contract to the core subscription price charged to consumers and small business customers by Communications Providers (“CPs”) to whom GC9.6 applies; and

• in respect of such price rises CPs should give consumers and small business customers notice of the price rise and the right to terminate their contract without penalty in accordance with GC9.6. This position reflects that the core subscription price is likely to be the most important aspect of one of the key terms of the contract (the price).

The above is from the summary that Ofcom published following its consultation on prices rises. So we are all happy that us consumers can now cancel our contracts without penalty if prices are increased during the fixed term. Good old Ofcom I hear you shout - here is the link to the document:

http://stakeholders.ofcom.org.uk/consultations/price-rises-fixed-contracts/statement

Now suddenly a second document has been published by Ofcom (on the same link as above) which is called:

Guidance on “material detriment” under GC9.6 in relation to price rises and notification of contract modifications (50 kB)

Guidance on “material detriment” under GC9.6 in relation to price rises

And that document contains the following (which was not in the original 92 page detailed Ofcom document, which has suddenly grown to 95 pages because of the below:

• Example 3:
The subscriber agrees and enters into a 24-month contract on terms that the agreed core subscription price will be £X per month for the first 12-months (or some other period) and £X + RPI for the second 12-months (or some other period). On the basis that the relevant price terms are sufficiently prominent and transparent that the subscriber can properly be said to have agreed on an informed basis, at the point of sale, to the relevant tiered price(s), Ofcom would not regard the application of the agreed price in the second period as a modification of the contract capable of meeting GC9.6's material detriment requirement.

SO in other words now EE are making you aware that the price is X+RPI you will no longer have the protection that "Material Determent" means any modification!

The big question is Who are the biggest crooks - EE or
Ofcom?

DON'T DELAY - CANCEL TODAY

50Twuncle

BBC Watchdog - again ?

50Twuncle

If you read the forum http://community.ee.co.uk/t5/Announcements-News/Terms-amp-Conditions-update/m-p/92416#U92416) - Ed (Tmobile support) repeatedly says NO PRICE INCREASE !!


I think that they are just opening themselves up to allow whatever increases they like - such as a monthly increase of just below RPI (which they may be able to get away with - as long as they don't go over RPI)

Westwalian

Hi
Does anyone have an e-mail address to cancel your contract?
I have received a txt re: changes to T&C effective from 26/03/14.
I have contacted EE stating that I wasn't happy with the changes they propose saying i'd be vunerable to multiple price increases etc (although they assured me that they would not be increasing their prices! - yeah right!), however all they guy was prepared to do was give me their complaints department postal address.
Whereas I will probably send a letter via recorded delivery I would also like to send an e-mail for an immediate response.


Thank You in advance

50Twuncle

Send to:
[EMAIL="executive.office@ee.co.uk"]executive.office@ee.co.uk[/EMAIL];
[EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]

im-lost

You won't get anywhere with this.

The changes in terms are due to a change in legislation that networks cover themselves against such changes.

If you read the terms you agreed to in their entirety, instead of picking little snippets that fit in with what you want, then you'll be able to see this.

Westwalian

OFCOM WEBSITE.
When you take out a broadband or phone deal it’s understandable that you expect to get what you signed up for.
But sometimes a communication provider may decide to alter the terms and conditions of your original contract.
They can do this so long as they follow certain Ofcom rules, called General Conditions.
Terms and conditions
If a communications provider wants to alter a contract’s terms and conditions, they must consider, among other things, whether
the change will be of material detriment to their customers.
Under General Condition 9.3, communications providers must provide customers for whom a change is
likely to be of material detriment with one month’s notice of the change.
Customers must also be informed that they are entitled to terminate their contract without penalty if the change is not acceptable to them.
Complaints
If you are affected by such a change, in the first instance you should speak to your provider about your concerns.
If the problem relates to a particular term or condition, you can log a complaint with Ofcom.
Ofcom monitors complaints about the behaviour of communications providers and if there is a high volume of complaints
about a particular issue, we may investigate and take action as required.
EE TERMS AND CONDITIONS
2.11.3
If you are a consumer and the change is of material detriment to you, We will send you written notice 30 days before the terms and conditions are due to change.The new terms and conditions will apply to you once that notice has run out, unless you terminate your agreement with us within that notice period, If you do this you wont have to pay any cancellation charge that would otherwise apply .

RandomCurve

im-lost wrote: »

You won't get anywhere with this.

The changes in terms are due to a change in legislation that networks cover themselves against such changes.

If you read the terms you agreed to in their entirety, instead of picking little snippets that fit in with what you want, then you'll be able to see this.

You have taken that clause out of context.


They can only us the clause you refer to if due to legislation they are compelled to change T&Cs. E.g. if Legislation changed to require a "green tax" of "1p per call to be charged.


ln this instance the rules (not legislation), were changed to offer consumers better protection from price increases during the fixed term of the contract. The companies could (legally - Tesco and 3) choose to do nothing and not impose price rises during the fixed period, but some (EE and O2 so far) are trying to be greedy and circumvent the new rules.


As they are not compelled to change the rules (they have a choice) the clause you refer to is irrelevant here.

Sam-w_2

RandomCurve wrote: »

DON'T DELAY - CANCEL TODAY

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


Send to:
[EMAIL="executive.office@ee.co.uk"]executive.office@ee.co.uk[/EMAIL];
[EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]


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

I'm an EE customer and received the text about changing terms the other day. What clause numbers do I need to quote in my email?

RandomCurve

Sam-w wrote: »

I'm an EE customer and received the text about changing terms the other day. What clause numbers do I need to quote in my email?

2.11.3 and 7.2.3.2 for EE