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

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  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    Ed13P wrote: »
    I'm with EE and joined in February last year.

    My existing clause (the one they are looking to replace) suggests you can cancel the agreement without charge if EE raise their prices by more than the RPI (and the important part I think so far as I am concerned) or any other statistical measure of inflation published by any government body authorised to publish measures of inflation from time to time.

    So, at the moment they seem to be restricted to a price rise which does not exceed the lowest inflation figure published by any government organisation. For example the Consumer Prices Index which is usually lower than the RPI. There could be others that are even lower - I don't know.

    The new terms only refer to the RPI and since this is usually a higher figure for inflation, the change in terms must be to my material detriment.



    Spot on! This is exactly why you can CANCEL YOUR CONTRACT PENALTY FREE (You keep the phone).
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    shafeeq wrote: »
    Hi

    I am with orange and received the text message. Which email address do you sent the letter to.

    Thanks for your help
    Shafeeq



    [EMAIL="executive.office@ee.co.uk"]executive.office@ee.co.uk[/EMAIL];
    [EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]


    Use the above addresses.
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    50Twuncle wrote: »
    What is EE's price rise going to be ?


    It simply says "... more than RPI.........." in the link.
    If they pick Decembers RPI - 2% - That is fair enough - but they appear to be predicting next months RPI again - which is just not on.
    Has anyone managed to get a response to any emails to EE recently ?

    There is no price rise - YET!


    Currently Orange and T-Mobile BOTH have unenforceable price rise clauses. so they are changing to T&Cs so that they can increase prices later. This is my guess of how it will go:


    1. February - you receive notification of a change in T&Cs effective 26 March.
    2. March/April - Between 26th Mach and 8th April you will receive a price rise notification referring to FEBRUARYS RPI (which will be published mid March)
    3. New higher price will be effective 9th or 10th May
    EE are relying on consumer ignorance not to cancel their contracts NOW as most consumers won't understand what the change of T&Cs means -they will of course moan like crazy when the price goes up, but by then it will be too late!

    DON'T DELAY - CANCEL TODAY!
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    Asghar wrote: »
    How can mobile companies be allowed to change the t&c's mid-contract.
    My current contract ends in June and surely any changes would take effect then if I decide to renew.

    They can do what they like - BUT it gives the chance to cancel your contract PENALTY FREE (You get a PAC code and keep the phone).


    Act NOW and cancel your contract.
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    DON'T DELAY - CANCEL TODAY



    An initial template email that can be sent (delete the red or the blue text depending on which brand you are with.


    Send to:
    [EMAIL="executive.office@ee.co.uk"]executive.office@ee.co.uk[/EMAIL];
    [EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]


    Dear Mr Swantee

    Phone Number 07XXX-XXXXXX

    Please accept this email as my notice to terminate my contract with Orange T-Mobile as per clauses 15.1(b) and 4.3.1 2.11.2 and 7.2.3.2 following EEs recent communication to me regarding a change to my Terms and Conditions.

    I find the change unacceptable and consider it to be of Material Detriment. Additionally under Universal Service Directive 2002/22/EC of the European Parliament and of the Council 7th March 2002, Chapter IV – End User Agreements, Article 20 – Contracts, Paragraph 4 I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions.

    Please send my PAC code (penalty free) by return and refund any prepaid sums made on my account.

    Regards
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    Please Tweet/Facebook all your Friends and Family a link to this forum and help then to save money as well.


    If you are on any other forums that are discussing this then link them to hear too.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    DON'T DELAY - CANCEL TODAY



    An initial template email that can be sent (delete the red or the blue text depending on which brand you are with.


    Send to:
    [EMAIL="executive.office@ee.co.uk"]executive.office@ee.co.uk[/EMAIL];
    [EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]


    Dear Mr Swantee

    Phone Number 07XXX-XXXXXX

    Please accept this email as my notice to terminate my contract with Orange T-Mobile as per clauses 15.1(b) and 4.3.1 2.11.2 and 7.2.3.2 following EEs recent communication to me regarding a change to my Terms and Conditions.

    I find the change unacceptable and consider it to be of Material Detriment. Additionally under Universal Service Directive 2002/22/EC of the European Parliament and of the Council 7th March 2002, Chapter IV – End User Agreements, Article 20 – Contracts, Paragraph 4 I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions.

    Please send my PAC code (penalty free) by return and refund any prepaid sums made on my account.

    Regards

    If I do this - what concerns me is that EE will close my account today and leave me with no way of communicating (I rely on my phone for every day contacts)
    Plus - I need an unlock code from Tmobile for my Samsung Note (GT-N7000) which is NOT available elsewhere (I have tried) and tmobile take 2 months to supply this........
    My 2 year contract expires in 3 months time
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    I have found a forum message from Tmobile support that is extremely interesting


    "If you’re on a 4GEE, Orange or T-Mobile pay-monthly plan, you may receive a text message from us about changes to the terms & conditions of your plan.

    What this means:
    • This is not a notification of a price increase. We’re letting you know that we’ve clarified the T&Cs related to price changes. We’ve done this to offer you more certainty and transparency if we make any changes to your price plan charge.
    • If we increase your monthly charge above the rate of inflation (measured by the latest published RPI figure at the time of notification), you will be able to leave your contract without paying a cancellation fee.
    We’ve signed up to the government’s Telecoms Consumer Action Plan, and will be working with Ofcom to increase the transparency of our contracts in the future, supporting a new policy that applies to all telecommunications companies.

    To see the full details of the changes and to download a copy of the new T&Cs, have a look at the link in your text message.

    If you have any questions on this, we’ll do our best to answer them on this thread."


    see it yourself at http://community.ee.co.uk/t5/Announcements-News/Terms-amp-Conditions-update/m-p/92416#U92416
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    50Twuncle wrote: »
    If I do this - what concerns me is that EE will close my account today and leave me with no way of communicating (I rely on my phone for every day contacts)
    Plus - I need an unlock code from Tmobile for my Samsung Note (GT-N7000) which is NOT available elsewhere (I have tried) and tmobile take 2 months to supply this........
    My 2 year contract expires in 3 months time


    As part of the cancellation process you will get a PAC code, they don't have to give you an unlock code (apparently). EE will fight this (they always do - they usually lose), so by the time it is sorted out your contract would very near to ending anyway, BUT they have to back date the penalty free termination to when you first requested it - you will get the last 3 months refunded - i.e. free! You can probably also get £25 to £50 compensation depending on how EE react.


    As you will be aware from other forums I won against T-Mobile and Orange, both contracts came with Samsung Galaxy SII's, and I found they worked perfectly well on the three network with out the need to unlock them. In any case an unlock code will only be £10-£20.
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
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    50Twuncle wrote: »
    I have found a forum message from Tmobile support that is extremely interesting


    "If you’re on a 4GEE, Orange or T-Mobile pay-monthly plan, you may receive a text message from us about changes to the terms & conditions of your plan.

    What this means:
    • This is not a notification of a price increase. We’re letting you know that we’ve clarified the T&Cs related to price changes. We’ve done this to offer you more certainty and transparency if we make any changes to your price plan charge.
    • If we increase your monthly charge above the rate of inflation (measured by the latest published RPI figure at the time of notification), you will be able to leave your contract without paying a cancellation fee.
    We’ve signed up to the government’s Telecoms Consumer Action Plan, and will be working with Ofcom to increase the transparency of our contracts in the future, supporting a new policy that applies to all telecommunications companies.

    To see the full details of the changes and to download a copy of the new T&Cs, have a look at the link in your text message.

    If you have any questions on this, we’ll do our best to answer them on this thread."


    see it yourself at http://community.ee.co.uk/t5/Announcements-News/Terms-amp-Conditions-update/m-p/92416#U92416


    I'll translate what that means:
    They say
    "We’ve done this to offer you more certainty and transparency if we make any changes to your price plan charge."
    Actually means
    "Our current clause is not clear and transparent and therefore it is not enforceable under the UTCCRs and we have lost so many cases on this that we are making it compliant with the UTCCRs so you can't wriggle out of the price rise when we increase prices in May"

    They say
    "If we increase your monthly charge above the rate of inflation (measured by the latest published RPI figure at the time of notification), you will be able to leave your contract without paying a cancellation fee."
    Actually means
    "So now it is clear you won't be able to wriggle out of it, and we can also understand it so we won't get it wrong like we did last year"
    They Say
    ".....will be working with Ofcom to increase the transparency of our contracts in the future, supporting a new policy that applies to all telecommunications companies"
    Actually means
    "Thank God for the protection that Ofcom offers our industry from you stupid consumers! Ofcom have kidded all of you consumers into thinking that if we increases prices in future you will be able to cancel your contract, but thanks to some cleaver manoeuvring Ofcom have left us room to put up prices if we change our T&Cs now - and so you still won't be able to cancel - Ha Ha!"


    Don't believe me? I'll post some quotes from the Ofcom Guidance.
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