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EE/Orange/T-Mobile - Reclaim ALL price rises AND cancel contract re T&C change - 2

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Comments

  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    EEs latest price rise gives grounds for cancellation as follows:


    Last Year February 2014 RPI was used - This Year January 2015 RPI is being used - not a 12 month period


    The price increase took effect 28th May last year, this year it is 26th March - not a 12 month period


    RPI should not be being used - it should be CPI - challenge EE to prove RPI is the rate their costs have increased by (especially as the cost of your handset would not have increased as they have already paid for that).


    Ofcom rules for Pre January 2014 contracts are that "Any change that is not to a consumers benefit, or neutral" is of Material detriment - so you can cancel your contract!! (RPI can not be neutral as CPI (0.3%) is the real inflation figure - so this is a REAL TERMS increase for you!)
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    EEs clause that will potentially get you out of the contract due to the price increase.


    7.2.3.2 You are a Consumer and the change that We gave You Written Notice of in point 2.11.3 is of material

    detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect; or




  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    I'm BACK after the last attempt. They're price rising again?! I am awaiting my letter of notification but I'm sure it will come.

    RC, my contract started September 2014. Will I be able to cancel penalty free? I'm not far from the end of contract but it would be brilliant to get out of it as i'm way over paying.

    I remember you saying before I wouldn't have to give the phone back or anything either?
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    My housemate got this letter. Still waiting on mine..
    I bet that if they dont send a letter then thats even more reason on my side?
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    MrJester wrote: »
    I'm BACK after the last attempt. They're price rising again?! I am awaiting my letter of notification but I'm sure it will come.

    RC, my contract started September 2014. Will I be able to cancel penalty free? I'm not far from the end of contract but it would be brilliant to get out of it as i'm way over paying.

    I remember you saying before I wouldn't have to give the phone back or anything either?

    It is all getting a little difficult - it depends when you took the contract out if you will get this price rise, or the one they will announce next month:


    EE contract price rises
    • EE pay monthly customers, who joined or upgraded before 11 February 2015, but not between 23 January 2014 and 25 March 2014: Prices will rise by 1.1% – in line with January's Retail Price Index (RPI) rate of inflation – from 26 March.
    • EE pay monthly customers who joined or upgraded on or after 11 February 2015: These customers won't be affected by the price change. This is because customers already signed up to a new contract so they will only see price rises from March 2016.
    • EE pay monthly customers who joined or upgraded between 23 January 2014 and 25 March 2014: These customers won't be affected by the price change. This is because they signed contracts with conditions that meant EE could not change prices mid-contract.




    Also see this thread:
    https://forums.moneysavingexpert.com/discussion/comment/67867924#Comment_67867924
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    It is all getting a little difficult - it depends when you took the contract out if you will get this price rise, or the one they will announce next month:


    EE contract price rises
    • EE pay monthly customers, who joined or upgraded before 11 February 2015, but not between 23 January 2014 and 25 March 2014: Prices will rise by 1.1% – in line with January's Retail Price Index (RPI) rate of inflation – from 26 March.
    • EE pay monthly customers who joined or upgraded on or after 11 February 2015: These customers won't be affected by the price change. This is because customers already signed up to a new contract so they will only see price rises from March 2016.
    • EE pay monthly customers who joined or upgraded between 23 January 2014 and 25 March 2014: These customers won't be affected by the price change. This is because they signed contracts with conditions that meant EE could not change prices mid-contract.

    Also see this thread:
    https://forums.moneysavingexpert.com/discussion/comment/67867924#Comment_67867924

    Thanks. Apologies it actually began September 2013. It's due to finish this September, it was a 24 month contract. So I would suspect I will suffer this price rise
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    MrJester wrote: »
    Thanks. Apologies it actually began September 2013. It's due to finish this September, it was a 24 month contract. So I would suspect I will suffer this price rise
    Sounds like you will be subjected to this 1.1% - and so should be able to leave your contract as they are applying a 12 month inflation rate to an 11 month period - that can't be right!
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    Sounds like you will be subjected to this 1.1% - and so should be able to leave your contract as they are applying a 12 month inflation rate to an 11 month period - that can't be right!

    Cheers RC. Will come back to you as soon as I get the letter, might need some help from there..
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    i know i sound contradictory re my post on another thread but now geting more details about how the increase is within 11 months doesnt sound right to me

    my husbands contract is going up thankfully mine isnt as was in the exempt period so will keep an eye on this thread and thanks for the info
    What goes around-comes around
  • boatman
    boatman Posts: 4,700 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It would appear that adjudicators do not have to follow the rules, they can do what they like! Having asked that my case be reviewed, CISAS cannot review the proceedures used by the adjudicator. Surely for CISAS to be effective the adjudicator needs to follow procedure.
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