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

Trudes

Hi,


I also received this text from EE, I went into the shop and no-one could tell me anything about it. I had to call the customer services and find out what it was all about, they said my price wont go up etc


Reading between the lines, they can put up your price as long as its not above the RPI. I already pay £46 as it is so I don't want to be paying anymore!


I have read my current T&C's and it does say that if you feel the changes are material detriment to you that you can cancel free of charge, basically the only option you have to get out of your contract!


I have used the template supplied so I hope I can get out of it, please keep everyone posted if you get a response from EE.


Thanks

Sam-w_2

RandomCurve wrote: »

2.11.3 and 7.2.3.2 for EE

Thanks have emailed using your template, will update with any developments

RandomCurve

DON'T DELAY - CANCEL TODAY

I have updated the email to include the EE terms -make sure you delete the ones that don't apply to you.


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 EE as per clauses 15.1(b) and 4.3.1 2.11.2 and 7.2.3.2 2.11.3 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

RandomCurve

Just so you are all aware EE will fight this!


I am guessing (based on past experience) it will go something like this:

1. You send the initial template email
2. EE respond saying they have complied with legislation and Ofcom and you can't cancel penalty free
3. You will then need to send a second email (I'll draft something once EE stat responding) which will dig a little deeper into why you can cancel penalty free and asking for a CISAS deadlock reference
4. EE will respond refusing to give a deadlock reference, again saying they have acted within the T&Cs
5. You will need to send a third (and probably final email) restating the position and informing them that you will seek compensation from CISAS (£50) for EEs refusal to give you a deadlock reference (I will help draft something)
6. EE will again refuse
7. You can then go to CISAS (it cost you NOTHING) - Again I will help write a case with you (it will be a collection of the emails already sent).
8. EE respond to CISAS (their defence)
9. You then respond to that defence (again I will help)
10. CISAS make a decision

If you win (I say IF because when T-Mobile messed up last year price rise about 40 of us made exactly the same case based on the same facts, but 5% of people lost their cases - the law is an !!!) then you get:

• any payment you have made to EE on your contract since you first requested termination refunded,
• a PAC code, and
• possibly £50 compensation.

Should you lose it has cost you NOTHING! And you can still take it to the Small Claim Court (which is actually a much easier process, but you have to risk £35).


Good Luck All

Jay1980

Hello folks I have been reading this particular thread with interest. However I am slightly confused if this effects me!? I joined T-mobile on a 24months contract last year (24th January 2013) so does this apply to me aswell?

EDIT: realised my mistake! It doesnt effect me.

SimonD316

This is quite interesting, we have a couple of phones on 2 year Orange contracts, started 22/08/2012 and 12/10/2012 so both are effected by this change.

It looks like the Pre-October 2012 T & C's allowed increases up to the lower of CPI/RPI which was usually CPI.

They are changing to RPI which since October 2012 has been an average of 0.5% higher.

Sounds like we should be able to cancel...

Has anyone had replies from them yet?

EDIT - I've found the old and new terms....

Orange_Terms_and_conditions_from_2013 wrote:

4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or

Orange_Terms_&_conditions_-_New wrote:

4.3.1 The increase in the Charges (as a percentage) is equal to or lower than the annual percentage increase in the Retail Price Index (RPI) published by the Office for National Statistics (calculated using the most recently published RPI figure before we give you Written Notice under 4.3); or

Looks like before they could only increase up to the lowest figure in the last 12 months, but now they go from the latest figure?

50Twuncle

They still claim that the reason for changing the T&C is NOT to enable price increases !!
"We are changing the T&Cs to meet with the new Offcom regulations, all networks are doing the same."
I await a price increase with anticipation...

jimzilla

I may be wrong but I think everyone has raced way ahead here, the text was not to announce a change in price plan but merely to inform customers that if there were to be an increase in price proportionate to RPI then they will be released from contract after the t&c's take effect which is from March 26th on.

Wallace231

Hi
I have used the template supplied !
Anyone get a response from EE yet ??
Please keep everyone posted !

50Twuncle

jimzilla wrote: »

I may be wrong but I think everyone has raced way ahead here, the text was not to announce a change in price plan but merely to inform customers that if there were to be an increase in price proportionate to RPI then they will be released from contract after the t&c's take effect which is from March 26th on.

I agree but we do know EE - They will try to squeeze every penny from us - just you wait and see !!
Nobody goes to the effort of changing T&C just for the sake of it - the advice is to use this latest change to escape and I agree.