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

Wilt

ZhugeEX wrote: »

EE have just announced a 2.7% price increase for it's customers from May 28th.

Affects all customers who signed up before January 23rd.

Where have they done that?

ZhugeEX

Wilt wrote: »

Where have they done that?

Here- http://terms.ee.co.uk/ee-price-changes-information.html

EE have also taken the same route as O2 and will be increasing all customers tariffs every year in March by RPI.

So if you signed up after March 26th then your plan is now "flexible" and allows EE to automatically increase the price by RPI every year.

oldharryrocks

Article On Subject Here : http://www.coolsmartphone.com/2014/04/05/exclusive-ee-to-increase-prices-2-7-in-may/

nsabournemouth

Being material or just detriment, the price rise clearly is as your contract has now been increased in price. It couldn't be more obvious to anyone that the change in terms was to bring in this price increase.

See under Contract terms 1.13:

http://stakeholders.ofcom.org.uk/consultations/gc-usc/statement

RandomCurve

oldharryrocks wrote: »

Article On Subject Here : http://www.coolsmartphone.com/2014/04/05/exclusive-ee-to-increase-prices-2-7-in-may/

Thanks for pointing this out - can I ask a favour from EVERYBODY reading this forum please.


Follow the link above, and post a comment (you can post as a guest) that potentially you can cancel your contract due to the price rise and paste the link below into your comment.




https://forums.moneysavingexpert.com/discussion/4818999


We need to get as many people as possible pointed to this link - please also include it on your Facebook and Twitter pages - it is time the customer showed that we are not cashcows there to be milked by these big businesses, there are laws to protect us - and we are going to have them enforced!


If you spot any other sites with an article on the rise let us all know so we can post as per the above there aswell

RandomCurve

SimonD316 wrote: »

Couple of Questions for Random Curve...

Those of us who have a CISAS case with an adjudicator should we forward the letter onto them as it's part of the dispute?
I'm on the old T&C that only mention Detriment so should I reject the increase on those grounds?
Or should I ignore the letter in the hope/assumption the adjudicator rules in my favor?

Just thought of an interesting point of law. If you don't accept the new T&Cs - for any reason- win or lose the CISAS case -which T&Cs apply to you The contract says that you accept the chamge if you don't contact them before they come into effect -and you did reject them so what happens????

nsabournemouth

RandomCurve wrote: »

Thanks for pointing this out - can I ask a favour from EVERBODY reading this forum please.


Follow the link above, and post a comment (you can post as a guest) that potentially you can cancel your contract due to the price rise and paste the link below into your comment.




https://forums.moneysavingexpert.com/discussion/4818999


We need to get as many people as possible pointed to this link - please also include it on your Facebook and Twitter pages - it is time the customer showed that we are not cashcows there to be milked by these big businesses, there are laws to protect us - and we are going to have them enforced!


If you spot any other sites with an article on the rise let us all know so we can post as per the above there aswell

The website isn't a place I'd go to get your news from, The story will not gain any traction on that site. To get some clout I'd go for the bigger tech sites, ones that have reach.

Now, back to the issues at hand. I'm stuck between waiting for cisas response to change in temrs or go after ee with the new price rise.

RandomCurve

For anybody who has already contacted EE regarding rejecting the change in T&Cs, what ever stage your claim is at email EE and inform them that pending resolution of your outstanding claim regarding the change in T&CS you would like it noted that you reject the price rise and request an immediate penalty free cancellation as the change is of Material Detriment to you.

RandomCurve

Email below sent to major news outlets - let's see if any of them are honest enough to report this correctly!
Mailing list was:




"Edwin.lane@bbc.co.uk" <Edwin.lane@bbc.co.uk>; "joel.taylor@ukmetro.co.uk" <joel.taylor@ukmetro.co.uk>; "News.desk@express.co.uk" <News.desk@express.co.uk>; "news@moneysavingexpert.com" <news@moneysavingexpert.com>; "news@the-sun.co.uk" <news@the-sun.co.uk>; "home@guardian.co.uk" <home@guardian.co.uk>; "home.news@thetimes.co.uk" <home.news@thetimes.co.uk>; "which@which.co.uk" <which@which.co.uk>; "editor@thisismoney.co.uk" <editor@thisismoney.co.uk>; "editor@which.co.uk" <editor@which.co.uk>; "editor@itn.co.uk" <editor@itn.co.uk>; "editor@reuters.com" <editor@reuters.com>; "watchdog@bbc.co.uk" <watchdog@bbc.co.uk>; "uknewsplan@bbc.co.uk" <uknewsplan@bbc.co.uk>; "news@sky.com" <news@sky.com>; "james.smith@pressassociation.com" <james.smith@pressassociation.com>; "Jayne.atherton@ukmetro.co.uk" <Jayne.atherton@ukmetro.co.uk>; "ean@ft.com" <ean@ft.com>; "steve.hawkes@the-sun.co.uk" <steve.hawkes@the-sun.co.uk>; "paul.dacre@dailymail.co.uk" <paul.dacre@dailymail.co.uk>; "itvplanning@itn.co.uk" <itvplanning@itn.co.uk>; "news@channel4.com" <news@channel4.com>; "louise.armitstead@telegraph.co.uk" <louise.armitstead@telegraph.co.uk>; "mirrornews@mgn.co.uk" <mirrornews@mgn.co.uk>; "mirrornews@mirror.co.uk" <mirrornews@mirror.co.uk>; "News.london@ukmetro.co.uk" <News.london@ukmetro.co.uk>; "newseditor@independent.co.uk" <newseditor@independent.co.uk>; "rachel.williams@moneywise.co.uk" <rachel.williams@moneywise.co.uk>; "ian.dunt@politics.co.uk" <ian.dunt@politics.co.uk>


Dear Sir,


EE Price rise March 2014 -Balanced Reporting.

I do not know if you intend to run a story reporting the recent price rise announced by EE/Orange/T-Mobile, but if you are can I please ask that you report the increase in a balanced manner. In the past journalist have always stated that "you can't get out of your contract/avoid the price increase" which is just the company propaganda given to them by EE, however this is potentially an untrue statement (last year I had my T-Mobile contract cancelled penalty free, because of the price rise, and had the price increased declared VOID in two Orange contracts.

There is a body of consumer law which is there to protect the public from price rises in fixed term contracts (regardless of what may be in the contract). There are also regulations set by Ofcom which again overides the Contract with EE.

I would be happy to discuss this email with you and can be contacted on 07xxx-xxxxxx

Regards

RC

Example reasons why consumers MAY be able to avoid the price increase:

1. I think I have found a definition of Material Detriment (that has been existence for years) so under GC 9.6 you should be able to cancel your contract, as the change is of Material Detriment to you
2. Ofcom clarified what Material Detriment means in October 2013, but said it only applies to new contracts, however the change was a definition clarification not a change therefore it should (legally) apply to the old contracts too -so again under GC 9.6 you should get a penalty free termination
3. By using RPI and not CPI the change is higher than the designated statistic for UK price inflation (by 58.8%) and so is of Material detriment as it is more than a real terms increase - so again a penalty free cancellation.
4. EE can only use the price rise clause if their costs have increased by RPI ,not just by RPI - so under the UTCCRs you should be able to avoid the price rise (but not escape your contract)
5. There are group of people fighting the change in T&Cs (see link below). If they win their claims then - EE never followed the correct procedure in notifying the change in T&Cs and therefore the change has not been made, as EE have admitted the old clause is unenforceable so depending on how you argue it you may be able to get a penalty free cancellation, or more likely stop the price rise (first case result due in 2 weeks).

nsabournemouth

RandomCurve wrote: »

For anybody who has already contacted EE regarding rejecting the change in T&Cs, what ever stage your claim is at email EE and inform them that pending resolution of your outstanding claim regarding the change in T&CS you would like it noted that you reject the price rise and request an immediate penalty free cancellation as the change is of Material Detriment to you.

This is what I've replied back with, it may not be constructed well but I'll save that for SCC:

Dear EE,

Following the notification that you are to increase the price of my contract I wish to exercise my right to terminate my contract with no fee.

Ofcom published a statement on the changes required to GCs, in that they were required to implement the following:

Under the Universal Service Directive 2002/22/EC of the European Parliament and of the council 7 March 22002 Chapter IV End User Agreements Article 20 - Contracts, Paragraph 41 customers have the right to withdraw from a contract without penalty upon notice of proposed modifications in the contractual conditions


EE have previously advised that I can not decide what is and isn't material detriment as it is a complicated matter of law but you have told me that the changes are not of material detriment and I imagine you are going to say that the 2.7% increase is not of material detriment. Where is it stated that EE have the sole right to decide what is and isn't of detriment to me be that material or not? Can you please advise as to where you are given this right.

The USD 2002/22 does not mention anything about material detriment or detriment. It simply says that any change is enough for me to walk away from a contract with no fee. Therefore as per my current complaint about the change in terms and conditions effective as of March 26th 2014 I demand that my right to cancel is acknowledged by you.

I will pursue this as far as is needed.

Christopher Spackman