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

Ed13P

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.

I don't believe the EE change is anything to do with legislation despite what they may say. The EE terms already say that if they raise their prices by more than any official measure of inflation you are free to leave penalty free.

What EE appear to be doing in my opinion is changing the clause to RPI only, which usually produces a higher measure of inflation and as such could lead to a greater price rise without the customer being able to leave penalty free. So, in my opinion they are changing the terms to their benefit and not to their customers' - which is of material detriment. The EE contract already provides that if they change the terms to your material detriment you are free to leave (having given them the requisite notice of course).

sshariff

I too have just used the template supplied. I am on an Orange contract. Let's now wait for EE to respond.

50Twuncle

Wallace231 wrote: »

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

Nothing yet! !
I sent it on Saturday

RandomCurve

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.

You are correct, the text has nothing to do with announcing a price change.


What it does do is alter the terms by which they can change prices in the future, and that is why (I believe) that it gives you the right to cancel your contract.


Basically the Orange and the T-Mobile price variation clauses were flawed (I can't speak for the EE one) in that if anybody challenged them they could get out of having to pay the price rise (I did it on 2 Orange contracts).


So what they have done is updated the clauses which were effectively unenforceable to a clause which they think is watertight (I don't think it is, but that is a discussion to have post 26th March - see below).


What EE etc will do is this:

1. Send out the notification of change in T&Cs to be effective 26th March (have you wondered why it is not effective from 6th March - 30 days notice??)
2. From 27th March to 8th April they will then send price rise letters based on February RPI (due to be published 18th March)
3. The price rise will be effective from either 9th or 10th May
4. From the time price rise letters are sent consumers will say - "hey you can't do this Ofcom have outlawed such practice"
5. EE will say - but you agreed to new T&Cs which are not covered by Ofcom's ruling!

This s why you have to take the opportunity to cancel your contract NOW

RandomCurve

50Twuncle wrote: »

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...

You can easily tell that EE are misleading you as they can have any clause they want in a contract - "we only speak to customers who are wearing blue socks" - so long as they do not try and enforce the clause it simply does not matter.


So if you have a price variation clause that you can't enforce there is absolutely no need to change it - unless you intend to use it!!!


Role on 27th March when EEs true reasons are revealed.

RandomCurve

The reasons that the current clauses are unenforceable:


Early Orange Contract - refers to a publishing body and a statistic that no longer exists;
Later Orange contract - in a bid to close the loop hole above they used the words "Any measure of inflation published by any government body" - this is so wide and there are so many statistics which are lower than RPI that anyone could have challenged last years price rise and won


T-Mobile early contract - they do not use the word "published" which means it is so ambiguous that T-Mobile themselves used a rate that allowed customers to leave penalty free both in 2012 and 2013!
T-mobile later contract - Tried to close the ambiguity of the clause above by adding the word "published", but they also added the word "reasonable" in relation to which months RPI they can use - this is not allowed under the Unfair Terms in Consumer contracts Regulations - so is unenforceable.


I'm not familiar with EE T&Cs so can't comment on how badly they were worded! To be honest when I first started looking at this seriously in April last year I was astonished at just how badly the clauses were written.


Even now if you look at the forum "mobile phone contract - prise rise refunds" anybody should be able to have sums taken under previous price rises refunded.


http://forums.moneysavingexpert.com/showthread.php?p=63968590#post63968590

redjamie

drewziph wrote: »

The way I see it, they don't have to raise prices for you to be able to leave. The t&c state they can't change the t&c to your detriment.

The fact they are changing them to allow a future price rise is still to the detriment of the customer and therefore a breach of the t&c..

I've submitted a complaint today. I'll post when I have a response.

good luck getting a reply from them I wrote two letter to them regarding a different matter sent by recorded post and still got no reply had to take the case to cisas in the end
please keep us post how you get on
also just got the text as I write so even more interested now

Lifes_Grand_Plan

Wow, its like groundhog day in here.... after success in cancelling my wife's contract last year and leaving penalty free, I am definitely getting involved on this one too.

Random Curve is right, they don't need to actually announce a price rise to allow you to cancel. We all agreed to a contract with them when we purchased our mobiles and they are now trying to change that contract. If the change is to our detriment then we are allowed to cancel which is surely common sense.

Have just sent the template e-mail (with a bit of editing to make it look unique) and will await EE's "get lost, we have done nothing wrong" response. I quite enjoyed my CISAS claim last time and am all the wiser for the experience which can only help this time.

Oh and I love how EE made the change to the terms sound like it was doing us a favour:

"The new terms mean that if we increase your price plan charge above the latest rate of inflation (measured by the latest published RPI figure at the time of notification) you can cancel your plan without charge."

Dangling the "you can cancel without charge" carrot to make people positive that the change is in their favour is a typical dirty trick of EE.

andrewmp

Contract from May 2013 and another from October 2013. Got the text today, have sent the email.....

Fingers crossed.

hammersfaniow

I phoned Orange today about something else, but asked the lady about the contract changes. She said that they will contact people if there is any price increase, and that's when the 30 day period begins for which you can make your opinions clear. Failing to do so means you agree to the new t & c's.

If i get a message telling me the price has increased, that's when I'll send the email.