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So the decision is in and my claim was unsuccessful. I do find this point interesting though ;
Both the customer!!!8217;s claim and the defence submission agree that the customer was informed of the 3.3% price rise in April 2013. This would have taken effect on 9 May 2013. As the customer was aware of the increase, and chose not to seek termination of the agreement, I find that through the customer!!!8217;s conduct he accepted the higher than RPI price increase at that time. I note that the company did not then apply the increase to the customer!!!8217;s account at that time. The company explains that because the agreement was entered into so close to the date of the price rise, it deferred the application of the increase until November 2013.
I didn't accept any increase. He also admits there the increase was too high! I couldn't do nothing then because the increase hadn't been applied to my account so they wouldn't have let me cancel then anyway!
Originally posted by ryan92
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Sorry to hear this. I have seen the decision and the adjudicator has based the findings on the Old contract clause not the new one - so the arguments are completely different. He also failed to say which part of the contract allows T-Mobile to "adjust" a mis applied price rise!
As the adjudicator has obviously used the wrong the contract terms I would take this claim to the SCC has the arguments have not been fully explored (I lost a case at CISAS, but EE settled out of court when I took it to the small claims court).
Everton2004 - we need to make things crystal clear when we respond in your case, so the adjudicator at least considers the correct contract version!!