T-Mobile price increase _Cancel contract

[saroash]

Hi All,

 

T-mobile have recently informed me of price increase effective from 9th may 2013. I find this really unfair and have been on the phone with them to cancel the contract due to material detriment as per clause 7.2.3.2 in their contract, However they insist that for the price increase to be of material detriment it has to be above RPI as stated in clause 7.2.3.3. But I think that is not correct. I will be writting a letter to them since they dont seem to reply to emails.

 

If I send them the f ollwing letter will it be OK? Please advise.

 

Thanks for your help.

 

 

Dear T-Mobile,

 

Re: Contract Termination for mobile number XXXXXXXXX

 

I have received a letter from you informing me that from 9th May 2013 my price-plan will increase by 3.3% (i.e. from £36 per month to £37.18 per month).

 

Thus, with reference to clause 7.2.3.3 in contract terms:

 

7.2.3.2. You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect;

 

This change, in the price plan, is to my detriment. Your clause entitles me to cancel this contract without charge by giving you written notice prior to the change taking effect and I now wish to exercise that right.

 

I would like to take this opportunity draw your attention to the fact that clause 7.2.3.3 is instead of, and pre-empts clause 7.2.3.3 and is not additional to it.

 

Material Detriment is including anything implemented under 7.1.4, which therefore, includes price increases.

 

May I also inform you that Clause 9.6 of the General Conditions of OFCOM which states:

 

9.6 The Communications Provider shall:

(a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber;

(b) allow its Subscribers to withdraw from their contract without penalty upon such notice; and

© at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber.

 

On the grounds outlined above, I look forward to a smooth termination of my account without any charges followed by the issuance of the PAC code.

 

Please note if I do not hear from you by 30th April 2013 I will seek to resolve this matter through Small Claims Court.

 

Please do not hesitate to contact me via phone on XXXXXXXX or via email to XXXXXXX.

 

I look forward to hearing from you soon.

[IdaInFife]

There was similar issues last year with o2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?376615-Increase-to-O2-Mobile-Phone-Contract&highlight=RPI

[andy2407uk]

I've been looking at a get out but using another approach.

 

The latest RPI data I can find from the Office for National Statistics wasthe February 2013 data, but this wasn't released until 19th March 2013.

 

I've only just signed up so I can't post a link but search for"Consumer Price Inflation, February 2013" on the Office for NationalStatistics website.

 

If you look at the pdf document attached to the release, it gives a 12 monthRPI of 3.2%.

 

So the T-Mobile figure of 3.3% is above this. They could claim that is theMarch 2013 figure, but it seems that ONS don't release the data until themiddle of the following month.

 

Do T-Mobile get to see it in advance? How can we verify their claim? I triedto call Customer Services but of course got nowhere.

[saroash]

Thank for your replies. This is what has happened so far. I have repeatedly called customer services with either my calls getting dropped (which I believe was done deliberately!!) or I was promised a call back but no one called!!

 

Anyhow, I just got through to someone in T-mobiles overseas call center, spoke to a Customer Services Agent who then said he has forwarded my complaint to his manager and that I will get a call back with an hour. Surprisingly I did get a call back this time from the manger. I spoke to her and asked for termination of contract but she insisted that I cannot terminate contract without paying termination. She said that clause 7.2.3.2 refers to price increase in additional services not price plan. However, 7.2.3.2 does refer to clause 7.1.4 which in fact does talk about increase in price plan!! I told her this but she insisted that this is not the case. When I tried putting my point accross the customer services agent stopped replying and showed very rude behavior!!

 

It was higly frustrating just to talk to her. She talked absolutely no sense!!

 

Anyways, I strongly believe any of us who is with T-mobile, we have the right to cancel because of OFCOM clause 9.6 and also by clause 7.2.3.2 of the terms and conditions we have signed with T-Mobile. I think we must stand up for our rights. I am for sure not backing down from this one and will definitely take this matter further.

 

Once more any advise will be a highly appreciated.

 

Cheers!

[jamesg99]

I agree it's very unfair that they are allowed to increase the monthly fee on a seemingly fixed price plan, by burying the terms deep in the small print.

 

But, even if they did let you cancel, wouldn't you have to pay a pro rata amount in order to keep your phone? I would have thought you'd be worse off doing this compared with just paying the extra quid per month.

[saroash]

@Jamesg99

 

Thanks for your reply. I am not sure if I would have to pay extra for the phone or even return it.

 

At the moment all I seem to get back from the CSA is that I can cancel and they wont budge from it!!!

[darrenbaskins]

I always find it better to send a letter, tends to get more action done. Social media is also a good way to get attention. If they have a fb page you could possibly go on there and leave a complain for eveyone to see, Ive done this with two well known supermarkets and they soon sort out the situation.

[jamesg99]

@Jamesg99

 

Thanks for your reply. I am not sure if I would have to pay extra for the phone or even return it.

 

At the moment all I seem to get back from the CSA is that I can cancel and they wont budge from it!!!

 

The cost of the phone is subsidised throughout the contract. It's not your phone until the contract has run its course. Obviously, you can't find a way to get out of the contract and then just keep the phone.

[darrenbaskins]

You can buy out of the contract, it is usally quite a bit cheaper than how much you have left to pay, but its not always ideall

[saroash]

I always find it better to send a letter, tends to get more action done. Social media is also a good way to get attention. If they have a fb page you could possibly go on there and leave a complain for eveyone to see, Ive done this with two well known supermarkets and they soon sort out the situation.

 

I have written a letter and will be posting it to them tomorrow. The letter I will be posting is in my original post above.

Thanks for the excellent idea of posting this on social media. I will definitely be doing this on mobiles facebook page as well as tmobile a forums.

[chunkylover53]

Hi there

 

I am in exactly the same position, bought a phone on contract in October for £36 a month for 24 months, now it has increased to £37.18. Do you mind if I use your first post as a template and send a letter to T-Mobile headquarters?

 

Thanks

[chunkylover53]

Were you successful in cancelling your contract?

[Consumer dude]

Also had a letter. Was told there was 20 min wait on phone. I gave up on that idea..

[saroash]

Also had a letter. Was told there was 20 min wait on phone. I gave up on that idea..

 

I would strongly suggest you send them a letter via recorded delivery. Phoning them up issueless since they have the worst customer services. You only get to speak to someone in overseas call centre who will simply drive anyone crazy!

[saroash]

Were you successful in cancelling your contract?

 

No not yet .

[Consumer dude]

I would strongly suggest you send them a letter via recorded delivery. Phoning them up issueless since they have the worst customer services. You only get to speak to someone in overseas call centre who will simply drive anyone crazy!

 

I tried the phone again. On there automated system, and I quote "That bills been paid. Thank you, so far we haven't received any payments from you" What is that all about ?

[saroash]

Hi there

 

I am in exactly the same position, bought a phone on contract in October for £36 a month for 24 months, now it has increased to £37.18. Do you mind if I use your first post as a template and send a letter to T-Mobile headquarters?

 

Thanks

 

Hi,

 

Please fell fre eto use the letter as template. Thera are some typos in the one I posted above so I am reposting the corrected version below.

 

Dear T-Mobile,

 

Re: Contract Termination for mobile number XXXXXXXXX

 

I have received a letter from you informing me that from 9th May 2013 my price-plan will increase by 3.3% (i.e. from £36 per month to £37.18 per month).

 

Thus, with reference to clause 7.2.3.2 in contract terms:

 

7.2.3.2. You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect;

 

This change, in the price plan, is to my detriment. Your clause entitles me to cancel this contract without charge by giving you written notice prior to the change taking effect and I now wish to exercise that right.

 

I would like to take this opportunity draw your attention to the fact that clause 7.2.3.2 is instead of, and pre-empts clause 7.2.3.3 and is not additional to it.

 

Material Detriment is including anything implemented under 7.1.4, which therefore, includes price increases.

 

May I also inform you that Clause 9.6 of the General Conditions of OFCOM which states:

 

9.6 The Communications Provider shall:

(a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber;

(b) allow its Subscribers to withdraw from their contract without penalty upon such notice; and

© at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber.

 

On the grounds outlined above, I look forward to a smooth termination of my account without any charges followed by the issuance of the PAC code.

 

Please note if I do not hear from you by 14 days I will be escalating this complaint further

 

Please do not hesitate to contact me via phone on XXXXXXXX or via email to XXXXXXX.

 

I look forward to hearing from you soon.

[saroash]

I tried the phone again. On there automated system, and I quote "That bills been paid. Thank you, so far we haven't received any payments from you" What is that all about ?

It appears to me that they are getting a lot of calls regarding this and now they are using other tactics to delay sutomers from getting through to cancellation. Recently waiting timne has been between 10-20 minutes, just another con by T-mobile so that customers give up!

[queensclose]

has anyone one had success in cancelling

[saroash]

hi all, please sign this petition... it might make a difference if there are enough signatures!

 

http://epetitions.direct.gov.uk/petitions/39714

 

p.s. i didn't start this petition!

Edited April 6, 2013 by saroash
typo

[shedder101]

i to have had the increase letter, just dated April 2013

 

i to will be sending this letter to them and if needed would be willing to join a group action to fight it

[saroash]

i to have had the increase letter, just dated April 2013

 

i to will be sending this letter to them and if needed would be willing to join a group action to fight it

 

Mine too said April 2013 only. I am more than happy to participate in a group action too. We all need to stand up to T-Mobiles bullying.

 

Please do send a formal letter to them in the first instance.

[Consumer dude]

I am half way through a two year contract which I understand is fixed. If I don't pay the increase and they disconnect me, could I not claim beach of contract or have they got me on the small print ?

[Consumer dude]

Just got off the phone to T mobile and they have quoted clause 7 as there right to increase the amount due to inflation. Have I any rights in this ?

[anna2007]

I've been looking at a get out but using another approach.

 

The latest RPI data I can find from the Office for National Statistics wasthe February 2013 data, but this wasn't released until 19th March 2013.

 

I've only just signed up so I can't post a link but search for"Consumer Price Inflation, February 2013" on the Office for NationalStatistics website.

 

If you look at the pdf document attached to the release, it gives a 12 monthRPI of 3.2%.

 

So the T-Mobile figure of 3.3% is above this. They could claim that is theMarch 2013 figure, but it seems that ONS don't release the data until themiddle of the following month.

 

Do T-Mobile get to see it in advance? How can we verify their claim? I triedto call Customer Services but of course got nowhere.

 

T-Mobile are increasing prices by 3.3%, stating they have used the Retail Price Index, currently at 3.3%. This rate is incorrect as it is the figure for January; the latest figure on the ONS website is 3.2%. The RPI data for March won't be released by the ONS until 16 April; besides T-Mobile's terms and conditions clearly state that it is the RPI percentage rate in the month before the written notice of the price increase is sent: so if your letter is dated and received in April, the current rate is the one released by ONS on 19 March - 3.2%.

 

Clause 7.2.3 of T-Mobile’s terms and conditions allows the customer to terminate the agreement within the minimum term without having to pay a cancellation charge if: “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. (7.2.3.3)”.

 

As the price increase is higher than than the current RPI percentage rate, you are entitled to terminate the contract without penalty, provided the written notice received from T-Mobile is dated April 2013.