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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Ian2012

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Everything posted by Ian2012

  1. Ian2012
    Thanks for posting this. I had posted on the MSE thread a link to what I assume is your case being discussed on You and Yours. There may be some more people over there interested in the detail so I'll update that post to include a link back to here (if it works) http://forums.moneysavingexpert.com/showthread.php?p=62921305#post62921305 (Post #2046)
  2. Ian2012
    Congrats! Did they give any reason for dropping the cancellation charges? I don't expect there was an admission of fault.
  3. Ian2012
    I'd already come to the conclusion that for my pre-October contract it was too high risk to pursue a Cancellation due to an increase in excessive of RPI. I feel T-Mobile would win in Court with such a Rationale. ie. there's nothing to stop them using Mystic Meg for determining a suitable figure should they choose, as long as it is not in excess of the RPI for the 12 months prior to the Written Notice. Should they use that Rationale then I'd expect their Shareholders to vote them off the Board since they are taking a 50:50 gamble on a very large loss for a very small gain (0.1%) and if I were a Shareholder I wouldn't feel that that is the sort of Financial Management I was looking for. I do feel that anyone that Cancelled before 16.04 would likely win their dispute since T-Mobile made it that Time was of the Essence in relation to the Cancellation stating it should be immediate. I'm still perusing Cancellation for my post-October Contract where I feel there is no risk.
  4. Ian2012
    I believe that is T-Mobile staying "on message". Prior to the 16th April Publication of RPI for the 12 months to 31st March the T-Mobile message was that RPI figure used was for the 12 months to Jan 31st (Published mid-Feb) which was 3.3%. (They couldn't admit their error and say it should have been the 3.2% figure Released mid-March for the 12 months to 28th Feb) However now they have the luck of the RPI figure Published 16th April for the 12 months to 31st March, letters after 16th are claiming the 3.3% RPI refers to this mid-April Published RPI.
  5. Ian2012
    I will be trying again today, but Retentions got more and more heated with me each time I called back. The last guy, whose name I got (Jason MT323), actually just shouted over me saying that "IF YOU DON'T CONFIRM YOU WILL PAY THE CANCELLATION CHARGE WE HAVE NOTHING MORE TO DISCUSS" and the phone went dead. This was while I was requesting to be put through to his Line Manager. Clearly an Organisation in panic.
  6. Ian2012
    So far I've had no such luck, and I'm on the same contract. Had the phone put down on me 3 times yesterday by the Retentions Team, and I was being polite. But unless you confirm you will pay the Cancellation charges when requesting your PAC code they drop the line. Makes me wonder if the difference is that you have it in writing that they used the earlier, and therefore incorrect RPI figure. Or more likely they are just totally dis-organised and it depends who you speak to.
  7. Ian2012
    Hi ruflonger, are you on a post-October contract? If so I think T-Mobile now have two different reponses.
  8. Ian2012
    Which they have now worked out exposes them to the Cancellation Clause. In trying to make the best of the bad hand they have dealt themselves, they now claim the 3.3% refers to the RPI figure Published in 16.04.2013. I feel the Cancellation Clause for both T&C's still stands, as they have clearly made a mistake and are now trying damage limitation. But it is risky for anyone, like me, on a pre-October T&C.
  9. Ian2012
    The way I ready your letter, they are saying the rise is in line with the RPI Figure Published on 16.04.2013 for the 12 months to 31.03.2013. This is my concern, that they've got lucky. Their original Notification letters couldn't possibly refer to those figures since the letters pre-date the Published date. The post-October T&C's are unambiguous. The RPI Figure to use is the one Published mid-March, ie. 3.2% The pre-October T&C's unfortunately leave an ambiguity (in my view) that in truth will require a Court to decide. The question is, will T-Mobile allow it to go to Court with the risk of the decision going against them.
  10. Ian2012
    That is really interesting that they have used the term "could", and not committed themselves. Good luck.
  11. Ian2012
    That's how I have interpreted it. They have included a "Time is of the Essence" Clause. ie, if you do not Terminate immediately you loose the Right to. More ambiguity and attempts to increase the pressure to role over and accept. However my very limited experience of contract disputes showed the Courts to dislike "Time is of the Essence" Clauses especially in contracts between Corporations and private individual.
  12. Ian2012
    I'm assuming the following, copied from earlier in the thread is the pre-October version. Please correct me if I am wrong. 7.1.4. We can increase any Price Plan Charge. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out. 7.2.3.3. The change that We gave You Written Notice of in point 7.1.4 is an increase in Your Price Plan Charge (as a percentage) higher than any increase in the Retail Price Index (also calculated as a percentage) for the 12 months before the month in which We send You Written Notice and You give Us notice to immediately cancel this Agreement before the change takes effect. Without the extra text in the October version I feel there is a risk involved since it is ambiguous. Taken literally the 12 months before the month in which letter was sent is the RPI to March, Released mid-April, 3.3% But, they couldn't possibly mean that as they did not know that rate when they sent the letters. So the realistic meaning is the RPI for the 12 months Published in the month prior to the letters, 3.2% Now they clarify this in the October update, so we know what they mean, but what would be the legal view if it actually went to Court.
  13. Ian2012
    My own issue is that I do not have a copy of the T&C's, so I'm going by other's interpretation. It's very good to see the copy/paste of the post October version. I agree, the correct rate for that one is clearly 3.2%. Unfortunately my contract started in the September. If anyone has the same Clause for the September version I'd appreciate a similar copy/paste. Thanks.
  14. Ian2012
    I've been following this thread with interest and have submitted my own Letter to T-Mobile and am awaiting a response. However, I think T-Mobile have just got lucky with the RPI. From what I have just found on the ONS website is the RPI figure Released for the 12 months to March, (Released on 16.04.2013) is 3.3% This can only be luck on their behalf, they couldn't have known it when they wrote the letters, but does this not now fit their T&C's? I'm interested in others opinions. Wasn't able to add a link (noob), but the page on the ONS Website is called: Statistical bulletin: Consumer Price Inflation, March 2013 Retail Prices Index (RPI) and RPIJ

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