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

rufio1408

So i called orange to discuss this.

Started off saying i didn't want to accept the terms and conditions to which she replied 'The price increases will be minimal'

I asked, so you are telling me that their will be price increases after the change of the terms and conditions, she said yes.

20minutes later I kept repeating I didn't want to accept the terms and conditions but got nowhere

Ended up with me asking her to repeat something because it had been mumbled 3 times and then the phone went dead. Fantastic customer service Orange.

Anyone else had any luck?

rectangle

Excellent. Sent my email off too.

burnzrox

I got a reply to the template email, but where do I go from here ?

----

Dear Mr X,

Thank you for your email regarding the recent text message you received.
Please be advised the text message sent to you was not sent to notify you of a price increase but to advise you of a change in our network terms and conditions which will be made from 26 March 2014.
As a company we wish to provide clarity on the terms to ensure customers are provided with more certainty and transparency in the event of us making any changes to your price plan. The update in the terms and conditions supports the guidance Ofcom recently issued around fairness in contracts around several issues, including price increase in contract. The change in the terms provides greater clarity on price increase notification, which includes the instances when you as a customer have the right to cancel a contract without charge.
In addition to the above we have signed up to the government's Telecoms Consumer Action Plan which aims to improve the customer experience in a number of areas, including bill transparency and certainty over the lifetime of a contract, in line with the principles of Ofcom's guidance.
I trust the above explains more clearly to you why the text message was sent to you.


Yours sincerely

Executive Office,EE
NOTICE AND DISCLAIMER
This e-mail (including any attachments) is intended for the above-named person(s). If you are not the intended recipient, notify the sender immediately, delete this email from your system and do not disclose or use for any purpose.

We may monitor all incoming and outgoing emails in line with current legislation. We have taken steps to ensure that this email and attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.

EE Limited
Registered in England and Wales
Company Registered Number: 02382161
Registered Office Address: Trident Place, Mosquito Way, Hatfield, Hertfordshire, AL10 9BW

Wallace231

Just received this :



Case Reference: xxxxxxx
Account Number: xxxxxxx

Dear Mr xxxxxxxxx,

Thank you for your email regarding the recent text message you received.
Please be advised the text message sent to you was not sent to notify you of a price increase but to advise you of a change in our network terms and conditions which will be made from 26 March 2014.
As a company we wish to provide clarity on the terms to ensure customers are provided with more certainty and transparency in the event of us making any changes to your price plan. The update in the terms and conditions supports the guidance Ofcom recently issued around fairness in contracts around several issues, including price increase in contract. The change in the terms provides greater clarity on price increase notification, which includes the instances when you as a customer have the right to cancel a contract without charge.
In addition to the above we have signed up to the government's Telecoms Consumer Action Plan which aims to improve the customer experience in a number of areas, including bill transparency and certainty over the lifetime of a contract, in line with the principles of Ofcom's guidance.
I trust the above explains more clearly to you why the text message was sent to you.


Yours sincerely


Executive Office,EE
NOTICE AND DISCLAIMER
This e-mail (including any attachments) is intended for the above-named person(s). If you are not the intended recipient, notify the sender immediately, delete this email from your system and do not disclose or use for any purpose.

We may monitor all incoming and outgoing emails in line with current legislation. We have taken steps to ensure that this email and attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.

EE Limited
Registered in England and Wales
Company Registered Number: 02382161
Registered Office Address: Trident Place, Mosquito Way, Hatfield, Hertfordshire, AL10 9BW

rufio1408

So I got a call back from Orange

I challenged him about it being a change to the terms and conditions.

He said that it was written into the contract that they could alter terms and conditions. I asked him where..... he couldn't find it. Called me back half an hour later after some time to study it... still couldn't find it.

I am now waiting after having my case passed further up the chain.

He kept claiming that the contract hadn't been breached, however if they have altered the T&C and it doesn't say anywhere that they are allowed to, surely that is a breach? He went very quiet then.

RandomCurve

Thank you to those who have posted replies from the "EE club".


I had originally posted that we should only need 3 emails, but having seen that response - which completely ignores every point made in the original email (I wonder why?), this might take 4 emails. But don't despair as that could work in your favour as the more evasive they become the better your chance of obtaining compensation.


I have compiled a template response which you are free to use/amend as necessary, I have written it on the basis that your original email was the template email (or something very similar).


As you will see I have introduced GC 9.6 as well as the original USD guidelines, and there are further regulations that we can refer to when the "EE club" respond.


You will also notice that I have introduced "a duty of care" into the wording, as if/when this goes to CISAS it is for a "lack of care" that you can obtain compensation.


I have stopped short of asking them to provide a deadlock reference if they don't agree to a cancellation as I think we need to ratchet up the pressure first.


I won't be able to post on the forum now until the weekend.

RandomCurve

Don't forget to delete the company/clauses that don't apply to you. I suggest you send the email to Mr Swantee and copy in the customer service rep who wrote you.


Dear Mr Swantee,

Thank you for your response to my email which was sent following EEs notification to a change in EEs Terms and Conditions.

I note with interest that you are at pains to point out that the text received “…was not sent to notify you of a price increase”. I am not sure how that has any relevance as my email to you made no mention of a price increase, can you please explain that reference?

For clarity I have requested that Orange T-Mobile EE cancel my contract without penalty 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 as I find the change in T&Cs that you have notified me of as unacceptable and consider it to be of Material Detriment.

As EE appears to so enthusiastically embrace Ofcom guidelines then I am sure you are aware that my right to a cancellation stems from Ofcom GC 9.6 of which – as far as I can tell – you have only complied with 9.6 (a) and have not complied with 9.6 (b), and (c) which is as follows:

[in regard to price rises/change in T&Cs] The Communications Provider shall:
(a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber;
(b) allow its Subscribers to withdraw from their contract without penalty upon such notice; and
(c) at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber.

Additionally as stated in my first email under Universal Service Directive 2002/22/EC of the European Parliament I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions

I find your response to my first email (EE referring to a price increase, and ignoring my reference to the USD), together with your lack of adherence to GC 9.6 (b & c) to be a sign that you are not applying the required standard of care in dealing with this matter.

As you have refused my request to a penalty free cancellation in accordance with the clauses of our contract stated above you are now in breach of contract.

I again request that you comply with our current T&Cs, GC 9.6 and the USD and cancel my contract without penalty as requested in my earlier email.

For the avoidance of doubt:

1. I am not seeking to challenge your business decision to change the T&Cs (that is a decision which is yours alone to take). I am seeking to invoke my rights to a penalty free cancellation in accordance with our T&Cs as I do not accept the changes.
2. I am not seeking a reply which vaguely tries to explain EEs reasons for making the change, I am looking for a response which either accepts my position and contains the requested PAC code (penalty free) OR clearly articulates why you believe this change to the T&Cs does not give rise to my right to a penalty free cancellation.
3. Any response which is not in accordance with the above would be unacceptable to me and will be evidence of your lack of care when dealing with this matter.

Regards

Ms_Chocaholic

I'm with Orange and received text.

Could I ask for someone to let me know, in easy to understand language, what I do and what this text re change in T&Cs mean. Sorry for being dumb but I don't quite get it.

Thank you
Ms C xx

uscool

Hi, i been with tmobile for 2 years, my contract ends in 4 months, and would like to cancel , i don't mind paying the remaining 4 months just wondering what would the penalty cost be ?

Thanks

RandomCurve

Ms_Chocaholic wrote: »

I'm with Orange and received text.

Could I ask for someone to let me know, in easy to understand language, what I do and what this text re change in T&Cs mean. Sorry for being dumb but I don't quite get it.

Thank you
Ms C xx

You are not being dumb. EE have deliberately been vague. Post #24 on Page 2 of the forum tries to explain it.


In simple terms EE have realised that the current contract clause makes it difficult for them to increase prices, so they have changed the T&Cs to make it easier for them to increase prices in the future (my guess is April/May)


The rules and your contract (I and others believe) allows you to leave your contract without incurring a penalty if EE change the T&Cs (which they have done). This means you can stop paying your monthly charge, you keep your phone and then go to another network and switch to a SIM only deal - could save you £5-£40 a month depending on your contract.


If you want to try and cancel your contract then send the email in post #31 on page 2.


Good Luck