Thought I would put the main stuff up: f. The customer does not dispute the RPI figure, but does dispute the application of this to his price plan. The customer states that he entered into the agreement on the basis that his monthly price plan amounted to £7.38 and this is what he has been charged since October 2012. A 3.3% price increase on this sum would amount to 0.24 pence per month. However, the company has applied the price increase to the non-discounted price plan rate of £13.22 amounting to 0.43 pence per month. g. The customer has submitted a copy of his February 2013 bill the front page provides “your monthly plan charges £7.38”, the third page provides “monthly plan charges £13.22, loyalty discount from your monthly line rental £5.84”. h. The company’s terms and conditions provide a definition of its “price plan charge”, which is the “charge for the price plan service, which comprises the monthly charge for the price plan”. i. Having considered the clauses and the differing interpretations of the parties, I am satisfied that the clause is ambiguous. I find that the customer’s monthly price plan charge amounts to £7.38 and the inflation increase should have been applied to this sum. j. Furthermore, while the customer did not dispute the RPI rate, I am mindful that the only figure publicly available at the time was that of 3.2% on 19th March 2013. This was the latest RPI figure available in the month before the company gave notice. Notwithstanding this the company applied an above inflation increase of 5.82% to the customer’s monthly price plan charge. k. 9. My conclusion on the main issues is that: a. The company is in breach of its contractual obligations. b. The customer has provided sufficient evidence to justify his claim. 10. Therefore, my decision is that the customer’s claim succeeds in part and I direct the company to process the customer’s request to terminate the contract without financial penalty and back date, this to the original request in April 2013, waiving all charges on the account after this date. Further, I direct the company to provide an apology for breaching its contractual obligations.

send me an email on infopost.eu.com putting the at after info S

yes fraid that was me on y and y !

If it is of any interest to people here, I have just had a decision from Cicas the adjudication scheme in my favour. I had renewed my contract for 24 months in Nov and got the price increase letter in April. I won because the adjudicator decided that my "price plan" was the price I had negotiated and not the double notional price that TM thought it was (with "loyalty discount"). Therefore if you have a "discount" and have tried to cancel you will almost certainly win via cisas. THe adjudicator was also "mindful" of the 3.2/3.3% business, so I think this may work. However all this cost t-Mobile is a customer leaving. It would be good if someone took them through the courts so they would have to pay costs. If anyone is interested I have the detailed decision which I can email if you wish.