Tmobile price increase

in Mobiles
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  • :spam: by Barry Temper reported.
  • "Some T-Mobile customers are in line for refunds after winning a campaign over incorrect price rises..."
    Read the full story:

    T-Mobile to refund customers after price rise blunder

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    Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
  • How corrupt are Ofcom?

    They sent me the email below and the obvious conclusion is that "adjusting the price increase" meant revoking it - it now seems it means reducing it to 3.2% - the percentage that should have been used. THIS CANNOT BE LEGAL!!!

    What this means is that any mobile phone company can apply any percentage they want to your contract - and if they get caught out they just have to reduce it to the correct RPI. This is CLEAR evidence that the contract term was originally breached, so if EE are allowed to retrospectively change the price then the 30 day cancellation must also be invoked at the originally breached price (30 days from the time that the breach is acknowledged - not 30 days from when the price rise was announced).


    BUT NOW YOU MAY BE ABLE TO TERMINATE THE CONTRACT PENALTY FREE AGAIN!
    If you are on V59 write in and request a penalty free cancellation on the basis that the T&Cs were breached in April and an incorrect RPI applied to your account, by retrospectively adjusting the RPI you have now become aware of the fact that their price rise letter was factually incorrect and therefore mislead you. You now have the evidence to request the penalty free termination - I think you can win this one - by T-Mobile trying to hold to 3.2% they may just have lost the lot!!!


    Dear RV

    Re: EE price increases in 2013 (versions 58 & 59)

    Thank you for your recent correspondence. I am writing to inform you that we have now concluded our consideration of the above matter.

    We wrote to EE to re-iterate its obligations under the current regulatory framework including the Unfair Terms in Consumer Contract Regulations 1999 (“UTCCRs”) and General Condition 9.6 (GC9.6). This has resulted in EE agreeing to take action for customers on version 59 (v59) of its mobile pay monthly terms and conditions, including adjusting the price increases and making repayments. It will be communicating the details to relevant customers in due course. You may, of course, contact it to discuss your position.
  • edited 16 November 2013 at 10:34AM
    anna2007anna2007 Forumite
    1.2K Posts
    edited 16 November 2013 at 10:34AM
    SHAME ON YOU OFCOM - for failing to protect the consumers that are paying your wages (via the Communications Providers) - in relation to the T-Mobile increase, you've known since before the increase was implemented that 3.3% was above the increase allowed in T-Mobile's t&c's, yet you categorically stated to MSE in an article dated 8 May (the day before the deadline for customers to give notice to cancel) that EE were "acting reasonably".

    So the EE/Ofcom alliance has now decided to correct EE's mistake via a 0.1% reduction in the price increase, a clear acknowledgement that the price increase that T-Mobile gave notice of back in April was above the rate of RPI allowed per the t&c's.

    Then Ofcom decides to define "material detriment", something so fundamental and significant to General Condition 9.6 that without that definition it is rendered meaningless (which means in terms of the GC's Ofcom has failed to meet its basic statutory duty to protect consumers). I understand why Ofcom recently decided to give a definition (their obligations under the EU legislation), but it hardly helps affected consumers if Ofcom are prepared to stand by and allow providers to impose ANY price increase that we now know is of material detriment to the consumer!

    As for MSE... rather than reporting on the insignificant fact that customers will save 0.1% on the price increase (not very money-saving, is it?), it would make the article far more interesting and pertinent if you asked Ofcom/EE to confirm:

    In light of Ofcom's definition of material detriment, why is this price increase being allowed at all, when we now know that ANY increase in the price plan is of material detriment to the consumer?

    As the RPI rate used in implementing the price increase was clearly incorrect, why is the amendment being restricted to a small number of customers, when ALL customers received a 3.3% increase?

    T-Mobile are not permitted to amend the contract price without giving 30 days written notice to customers and allowing them to cancel without penalty if they do not agree (it's in the terms of the contract and a requirement of GC9.6). Why is there no mention in the article that customers will be given the opportunity to cancel without penalty (unless, of course, TM are not abiding by the t&c's or GC's and intend to amend the price without giving proper notice).
  • lazyjacklazyjack Forumite
    156 Posts
    Eighth Anniversary 100 Posts Combo Breaker
    I can't really add much more about Ofcom, they are totally spineless and until they get their act together the mobile companies will keep running rings around them and ripping off their customers.

    How on earth can TM/EE breach the T&C, then all they are asked to do is reduce the increase ? It is a complete farce.
  • Email below sent to Ofcom, Ed Vaizey my MP and news agencies.

    We are witnessing a fraud being carried out on over 2 million consumers and the regulator colludes with EE.

    I was already booked to see my MP on 29th November to start the process of launching a Parliamentary Ombudsman investigation into Ofcom handling of this whole affair of mid term price rises - I will also be asking them to look into allegations of CORRUTION!!


    Dear Mr Howell,

    I understand that the action Ofcom - the regulator with a STATUTORY remit to protect UK citizens - has agreed is that a mis-applied price rise can be corrected by applying the RPI rate that should have been applied in the first place - HOW CAN THIS BE LEGAL? I have refrained from saying this before, but I really am beginning to believe that there is a very high level of CORRUPTION within Ofcom and a high degree of COLUSION with the industry within Ofcom.

    The above are serious allegations and probably go even beyond the remit of the PO.


    How can Ofcom:
    1. So obviously blunder on 7th May by announcing that EE had acted reasonably while consumers still had an opportunity to cancel?
    2. How can this "correction" be legal?
      1. They applied the wrong RPI and TOLD customers it was the current RPI - THIS IS FRAUD!
    3. Why did Ofcom give EE a Monopoly position on 4G - prices for 4G have dropped from £50 to £25 (approx.) since the market was opened up?
      1. Why has Ofcom taken no action on this profiteering?
    Can you please provide me with the following details:
    1. How have you instructed T-Mobile to make the correction - do they need to give 30 days notice?
    2. Why is this not FRAUD?
    3. To whom do I make a formal allegation of corruption against Ofcom to?
    Regards

    Feel free to send this - or something similar to Graham:
    [EMAIL="graham.howell@ofcom.org.uk"][email protected][/EMAIL]
  • I think some good may come of this as it may open up an opportunity to request a penalty free cancellation again!

    I'll try and get something on the forum over the weekend
  • lazyjack wrote: »
    I can't really add much more about Ofcom, they are totally spineless and until they get their act together the mobile companies will keep running rings around them and ripping off their customers.

    How on earth can TM/EE breach the T&C, then all they are asked to do is reduce the increase ? It is a complete farce.

    Ofcom will never get their act together - they are "In bed" with EE!!
  • The issue we have now is that we are on the boarder (possibly crossed) of contract/consumer law and Criminal law!

    I am going to assume we are still on the contract/consumer law side - but I'm really not sure!

    There are a number of ways we can approach trying to get a penalty free termination for V59 customers- I will put up the ones that I think may hold water - please challenge them and add any others you may have.

    Also timing will be vital so you will need to act quickly - if you are on FaceBook/Twitter PLEASE direct people to this forum. and ask people to forward on the link.

    And remember from the forum post back in April/May - while we are trying to figure this out SEND AN EMAIL TO T-MOBILE stating that you want a penalty free cancelation due to the price increase (don't put any dates or any other information) you are just "saving a space".
  • edited 17 November 2013 at 5:14PM
    RandomCurveRandomCurve Forumite
    1.6K Posts
    edited 17 November 2013 at 5:14PM
    POST UPDATED AT POST #2176 use that email NOT this one.


    A "holding" email to T-Mobile for customers on V59 of the contract (taken out on or AFTER 31st October 2012)
    SEND IT NOW whilst we work this out - otherwise you may find your claim time barred.

    Dear Mr Swantee

    Re Mobile Phone Number 07xxxxxxxxx

    Due to the T-Mobile price variation I believe you have triggered my right to a penalty free cancellation.

    This is my notice for an IMMEDIATE PENALTY FREE cancellation as allowed under the T&Cs - please provide me with a PAC code as part of the PENALTY FREE cancellation.




    For the avoidance of doubt any PAC code issued by T-Mobile that has a termination charge associated with it will be:
    • A Gross breach of contract
    • An offence under the Unsolicited Goods and Serviced Act 1971 (both T-Mobile and its officers will be liable); and
    • A Breach of GC 11.1.
    Regards


    XXX

    Send the email to:
    [EMAIL="olaf.swantee@ee.co.uk"][email protected][/EMAIL]
    [EMAIL="Executive.Office@ee.co.uk"][email protected][/EMAIL]

    DO IT NOW whilst we work this out
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