T-Mobile price increase _Cancel contract

[shedder101]

here is a draft of the letter i intend to send in reply

 

"Dear Karen Doyle

 

With reference to your letter dated the 18th April requesting my termination fee. I have read the letter with interest but feel I have abided by the terms and conditions I agreed to in particular section 7.2.3.3 and I will tell you why.

 

“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.”

 

You state in your letter that the letter dated to me April 2013 was in fact sent out between the 2nd and 8th April 2013, at that time the RPI for the month listed by The Office of National Statistics was for February at a rate of 3.2%. The rate for March was released on the 18th April some 10 days after.

 

The letter sent to me stated clearly it was the current RPI 3.3% this was in fact Januarys RPI, so I am I lead to believe the following

 

• You have a crystal ball being able to see in to the future?

• You guessed that the RPI fig was going to be correct?

• You have a time machine you are keeping secret?

 

I don’t think so, is it not true the price increase was set to be released in March as in previous years when T Mobile increase prices, I think that is more accurate.

 

I cancelled under 7.2.3.3 as you increased my price by 3.3% when it was 3.2%, as for the 30 days’ notice I don’t have to, as per the same clause.

 

You have failed to respond to my letters dated 6th and 12th both of which requested my contract cancelled, leaving my no choice but to telephone to cancel. I therefore require you to refund my unused fees up to the 6th April. I will not be paying a cancelation charge, should you make a detrimental entry on my credit report I will use any legal means to seek compensation."

 

 

anything i should add ?

[TylerDurdenK]

After calling the 01707 315000 and asking to speak to Mr Swantee I got put through to the Excecutive department and spoke to a guy called Liam Walker, and I put my case to him.

 

After he had left me on hold while he got his details together he came back with the argument that as the price increase doesn't come into effect until the 10th of May, and that the RPI is now at 3.3% this means that they aren't in breach of contract.

 

I told him that this was beside the point, and that as they had written to me with notice of a 3.3% price increase while the actual RPI was at 3.2% that they WERE in breach, and any subsequent changes to RPI are nothing to do with the facts.

 

We were unable to come to an agreement, (and my knowledge of my legal rights ran out!) so I said I needed to have a think about how I would proceed.

 

Any ideas?

[shedder101]

that is total rubbish from T mobile

 

looks like clutching at and life boat at the moment see which one float's

 

i have cancelled and left them, its the only way i feel that anything will be done its a put up or shut up moment, with all the information gathered i am feeling very confident in my outcome.

 

t mobile's response depends on the day and the office you call lets see if they are willing to take me to court to collect the cancellation costs, i very much dought it.

[epic999]

This is an email I got back from T-Mobile....

 

Thank you for your reply.

The T-Mobile terms and conditions allowT-Mobile to increase the price plan charges provided the increase is no higherthan the RPI. Written confirmation is given of the change.

Clause 7.2.3.3 of the terms andconditions state the relevant rate of RPI will reflect the 12 month periodbefore the month in which written confirmation of the increase is sent. Writtenconfirmation was sent between 2 and 8 April 2013. In accordance with the termsand conditions, the relevant measure of RPI should therefore reflect the period1 April 2012 to 31 March 2013.

The Office of National Statisticspublished the official rate of RPI for this period in April. The officialmeasure of RPI for this period is 3.3%. This is in line with the 3.3% priceincrease that will take effect from 10 May 2013.

I trust this information is ofassistance.

Yours sincerely

Liam Walker

Executive Office, EE

[stoney1973]

This is an email I got back from T-Mobile....

 

Thank you for your reply.

The T-Mobile terms and conditions allowT-Mobile to increase the price plan charges provided the increase is no higherthan the RPI. Written confirmation is given of the change.

Clause 7.2.3.3 of the terms andconditions state the relevant rate of RPI will reflect the 12 month periodbefore the month in which written confirmation of the increase is sent. Writtenconfirmation was sent between 2 and 8 April 2013. In accordance with the termsand conditions, the relevant measure of RPI should therefore reflect the period1 April 2012 to 31 March 2013.

The Office of National Statisticspublished the official rate of RPI for this period in April. The officialmeasure of RPI for this period is 3.3%. This is in line with the 3.3% priceincrease that will take effect from 10 May 2013.

I trust this information is ofassistance.

Yours sincerely

Liam Walker

Executive Office, EE

 

Am I correct in thinking that Liam has just handed us the keys to the vault? In that he confirms that T-Mobile are using figures released only in April, after the letters went out?

[ruflonger]

Update - Not hearing anything from T-Mobile called today. told them I had called, written and emailed T Mobile on a number of occasions and had no response so wanted to find out the current situation. Was on hold for about 5 mins and came back to tell me that T Mobile legal are still looking into it. However they had reviewed my contract and could offer more minutes and more text etc for the original price of the monthly contract without the rise. I refused and stated I will wait until I eventually hear from T Mobile customer complaints. They obviously concerned enough to make such offers

[Ian2012]

Hi ruflonger, are you on a post-October contract?

 

If so I think T-Mobile now have two different reponses.

[ruflonger]

Hi ruflonger, are you on a post-October contract?

 

If so I think T-Mobile now have two different reponses.

 

I read with interest your postings earlier

 

I'm a pre-October contract

[Ian2012]

I'm a pre-October contract

 

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.

[shedder101]

Ian 2012

 

i had the same done on me

 

request a call back from a manager who can give you your PAC

 

when they call they will try to convince you they are right but still demand your PAC, they will say the cancellation charges will be applied to the account but this is to be expected as they think they are in the right.

 

 

the cancellation fee will not be applied until you use it if you dont use it in 30 days it is cancelled

 

i used my pac code then got the letter i posted on the forum, it was the only letter i have had from them, they have ignored my last letters even the recorded one.

 

its the only way to do it or they will ignore the letter and i think they will say you havent requested cancellation in writing in 30 days so the increase stands

 

hope this helps

[ruflonger]

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.

 

 

Ian2012 - I have now heard from T-Mobile through the Executive Office email

 

'We wrote to our customers between 02 April and 08 April 2013 informing them of the changes to their price plan charge. In accordance with our terms and conditions, the relevant measure of RPI should therefore reflect the period 1 April 2012 to 31 March 2013.

 

The Office of National Statistics published its official rate of RPI for this period in April. The official measure of RPI for this period is 3.3%. This is in line with the 3.3% price increase that will take effect from 10th May. Therefore due to this you are unable to end the term of your agreement without penalty.

 

Please be assured our customer's views are important to us and your comments are fully acknowledged.

 

Yours sincerely

 

Executive Office, EE'

 

Now concidering my next move

[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.

[shedder101]

Ian2012 - I have now heard from T-Mobile through the Executive Office email

 

'We wrote to our customers between 02 April and 08 April 2013 informing them of the changes to their price plan charge. In accordance with our terms and conditions, the relevant measure of RPI should therefore reflect the period 1 April 2012 to 31 March 2013.

 

The Office of National Statistics published its official rate of RPI for this period in April. The official measure of RPI for this period is 3.3%. This is in line with the 3.3% price increase that will take effect from 10th May. Therefore due to this you are unable to end the term of your agreement without penalty.

 

Please be assured our customer's views are important to us and your comments are fully acknowledged.

 

Yours sincerely

 

Executive Office, EE'

 

Now concidering my next move

 

it has been pointed out on other forums that if they go down this route they have not actually given you 30 days notice again a breach of the same terms

 

there must be hundreds calling to cancel

[locutus]

I'm disgusted at this... you can request your PAC at any time and they cannot refuse to give it to you. They cannot hold your number to ransom.

 

You need to write a letter of complaint about them not giving you a PAC on request. Send it to their CEO and tell him to train the staff that have been mishandling your account appropriately.

 

Deal with these 2 issues separately, and ask for a DEADLOCK letter so you can escalate the complaint at every opportunity

[shedder101]

I have had a letter from Tmobile dated the 10th April and it is a little strange

 

its the way it has been writen, it states the current RPI as 3.3% when March RPI didnt come out until after the letter had been sent

 

any thoughts

[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.

Edited April 25, 2013 by Ian2012
typo

[anna2007]

I have had a letter from Tmobile dated the 10th April and it is a little strange

 

its the way it has been writen, it states the current RPI as 3.3% when March RPI didnt come out until after the letter had been sent

 

any thoughts

 

shedder - I received the same letter today and have just posted on mse:

(sorry can't post links yet)

 

In case the link doesn't work:

 

"I've also received a letter today, I think it's in response to my original letter received by T-Mobile on 9 April. Seems just a generic response, but what strikes me is that, unlike the written notice, it is specifically dated 10 April 2013, and states "The rise is in line with the Retail Price Index (RPI) which is currently at 3.3%". To me, this is definitive proof that they are simply quoting the incorrect rate, rather than the future one?"

 

I think it certainly helps our case.

[shedder101]

shedder - I received the same letter today and have just posted on mse:

(sorry can't post links yet)

 

In case the link doesn't work:

 

"I've also received a letter today, I think it's in response to my original letter received by T-Mobile on 9 April. Seems just a generic response, but what strikes me is that, unlike the written notice, it is specifically dated 10 April 2013, and states "The rise is in line with the Retail Price Index (RPI) which is currently at 3.3%". To me, this is definitive proof that they are simply quoting the incorrect rate, rather than the future one?"

 

I think it certainly helps our case.

 

I agree, it's what I thought they my have got lucky in the last RPI but the dates on the letters, not so much the original one that has April as the date, they could argue that, but our letter canceling our contract was before the latest figures were published

[saroash]

Hi All,

 

I finally received the reply to my letter. Same standard reply which most people also got ie the RPI is 3.3% and the increase is not of material detriment to me. (I wonder who gave them the right to choose what is of material detriment to me and what is not!!)

 

Although T-mobiles letter is dated 9th April, I only received it yesterday and the stamp on the envelope shows that it was posted on the 23rd of April. So they are actually delaying sending out letters so we have less time to act!! Very cheeky!

[queensclose]

Hi All,

. (I wonder who gave them the right to choose what is of material detriment to me and what is not!!)

 

 

i guess they feel that most plans are raising by less then £2 a month so it wont be detriment. but again they must have that crystal ball. because if someone has fell on hard times and struggling to maintain the payments and relying on credit cards etc then yes it is detriment that T-mobile are getting you further into debt because of the price increase..

 

whatever happens i will not be renewing my contract with T-mobile and i have been with them since 2000. a contract is a contract. over the years when they announced their huge profits. at no time did i write to them to lower the price of my contract. in fact when i lost my sim they charged me £10 to replace it. yet they charge a £1 for a pay as you go sim i tescos

a contract is a contract

[queensclose]

i just received a message

 

As this increase falls in line with the RPI increase, we consider no Material Detriment.

[shedder101]

reading the other forums posts i have to agree with one persons post, it is in black and white they got the RPI fig wrong they can say what they want, the bottom line is it is a clear breach of the terms and conditions and that is the line to pursue

[shedder101]

well in todays post was a final bill for the cancelation charge, a credit for part month and stating the account is now closed

 

i have 30 days to pay so then i will expect a red bill and threats

 

still nothing from my letter i sent them

[shedder101]

it looks like tmobile have blocked my imei number on my phone i cant make calls or text yet the data is working

 

the new provider is looking in to it now

 

looks like tmobile are playing up

[shedder101]

they deny blocking my phone that i purchased sim free this year

 

i can feel court papers starting