T-mobile change of pricing for 08 numbers

[MrShed]

Just in case anyone doesnt know:

08 number changes - T-Mobile

Also, as a theoretical question, do you think that this would be sufficient justification to terminate a contract? Double the price with 10 days notice seems a bit much....

[buzby]

I wouldn;t think so - based on it is a reclassification of only a group of number, despite the doubling of the cost for (and tripling for one unfortunate group).

This bit DID annoy me: To make things clearer for our customers, we have aligned our 08 number charges with local and national calls to follow the latest Ofcom guidelines. These calls aren't included as part of your allowance in any of our price plans.

Now, OFCOM's guidelines is to end the 'local and national' rate nonsense. Since mobile don't chargedifferentiate for distance, T-Mobile's claim that they are somehow justified in doing this is a misrepresentation. Mind you, they also charge for 0800/0500 freefone calls and they got away with that, so they'll be laughing.

[installspark]

Originally Posted by MrShed

Also, as a theoretical question, do you think that this would be sufficient justification to terminate a contract? Double the price with 10 days notice seems a bit much....

Short answer is no. Also T-Mobile are giving 6 weeks notice as the changes do not take effect until 28 July 2008.

Had the 08xx been included in the price plans allowances prior to the increase then there would have been a material and detrimental change to the T&C, as happened when o2 started charging all customers for the 08xx numbers in September 2007.

Essentially what T-Mobile have done is align the call costs to 08xx to the actual call costs of their price plans i.e

Flext - calls 20p per min

Combi - calls 30p per min

Solo - calls 30p per min

According to the industry rumour mill, customers could soon be charged to receive calls at 19p per min in return for cheaper outbound call costs. Can see this being extremely unpopular.

[piggeh]

Haven't posted in this, although I did post on hotukdeals who were debating the subject as well. Today I contacted ofcom to ask what their opinion was. They stated that T-Mobile must comply with Ofcom's general conditions as a mobile operator, and specifically general condition 9.3 which states the following:

"9.3 Where the Communications Provider intends to modify a condition in a contract with a Consumer which is likely to be of material detriment to the Consumer, the Communications Provider shall:
(a) provide the Consumer with at least one month's notice of its intention detailing the proposed modification; and
(b) inform the Consumer of the ability to terminate the contract without penalty if the proposed modification is not acceptable to the Consumer."

Ofcom recommended that I write to T-Mobile with the above and to state that:"This matter is to be treated as a formal complaint regarding contract and general conditions, specifically general condition 9.3"

They also gave me a case reference to quote. I recommend everyone who wishes to cancel their contract give ofcom a call, get a case reference number, and write the above to T-Mobile. The general conditions are not within the T-Mobile T&Cs but are terms they sign up to as a mobile phone operator, and which they have to adhere to.

Contact details for ofcom are Monday-Friday between 09:00 and 17:00; 020 7981 3040 or 0300 123 3333.

You won't be able to argue this point over the phone, as all the customer service teams have briefing points from which they just garble the same old nonsense about section 4.1, even though this T&C is clearly a breach of the above.

I also included a paragraph or two regarding unfair contract terms, stating that they were in breach of schedule 2, paragraph 1, of the Unfair Terms in Consumer Contracts Regulations 1999, which state the following:

"Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:
(l) providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded."

Notably, under the OFT's own guidance notes, it states:

"12.1 The OFT's objections to variation clauses generally are set out under Group 10. If a contract is to be considered balanced, each party should be sure of getting what they were promised in exchange for providing the 'consideration' they agreed to provide. A clause allowing the supplier to increase the price – varying the most important of all the consumer's contractual obligations – has clear potential for unfairness

12.2 Any purely discretionary right to set or vary a price after the consumer has become bound to pay is obviously objectionable. That applies particularly to terms allowing the supplier to charge a price on delivery of goods that is not what was quoted to the consumer when the order was placed. It also applies to rights to increase payments under continuing contracts where consumers are 'captive' – that is, they have no penalty-free right to cancel."

You may or may not wish to include the second arguement - Ofcom did not quote it but it seems to fit this case pretty well - notably that they increase prices once we are 'captive' and don't allow us to cancel without penalty.

you should give T-Mobile two weeks to respond I was told, before progressing further.

Let me know if this is of help to anyone and if they're writing with the above points, as it will no doubt help our case gain some attention at ofcom if we are all on the same wavelength.

[VirginMedia_Are_somewhat_problematic]

I heard that some of the 08xx calls could be charged as much as £2.50 pm. Is this correct and would this be to the cheap rate call numbers?

[buzby]

08xx numbers are also free, you need to give more numbers in order to work out the cost. Call an 0800 Freefone number from an Orange Contract mobile and the call is still free, but if that number is used for revenue avoidance (like call connect services), then it can be charged. All the other networks and Orange PAYG charge standard rates for these freephone calls.

NO premium rate numbers are allowed on the 08xxx code, the original 0898 chatline premium codes are long gone. The maximum I understand that can be charged for an 08xx number is 50p/min, so the figure of £2.50pm would be wrong, as this would have to be on an 09 number.