T-Mobile T & C's Changes - Pay Monthly

[Jamesmcuk]

Hi Everyone.

 

Looking for bit of advice. T-mobile have text me detailing a clause they wish to change in the contract. In summation the original clause said I can cancel my contract if they increase the bill by more than the RPI or any other government recognised inflationary measure e.g. CPI as a percentage.

 

They want it to now say only the RPI will be used to decide if the rise in the bill is large enough to allow cancellation.

 

Since the CPI has been consistently lower since 2010 (recently 0.7% lower) I think this change is unfair and not only that but why should they be able to change clauses at will anyway.

 

What do you think?

 

PS since this is a sweeping change to the contract and not an actual or even proposed price increase i don't really want to get in to material detriment issues. The point is that this change increases the chances of material detriment in the future and therefore seems an unfair clause change.

 

Thanks

 

James

[gregs07]

I'vevhad the same text. Be intrested to see if thisvis legal.

[2ltr16valve]

I have not had a text as yet but I'm on EE4G could that be why ?

I wonder if this could be a contract breaker ?

[Jamesmcuk]

Been doing a little digging and Clause 10.3 of "OFT's Unfair Contract Terms" seems to say they are overstepping the mark.

 

And 12.3 point number 3

 

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

 

Please review and comment

[2ltr16valve]

Iirc they are only doing this to bypass the new regulation of no price increases during the length of phone contracts.

[Jamesmcuk]

Many are and O2 i believe have changed their NEW contracts to basically say your contract WILL increase each year. This what I got however is an amendment to my existing contract which I can't see is fair. My contract does allow price increases and thats fine but they want to change the contract terms. As I see it that can only be allowed if I agree?

[2ltr16valve]

I've just had the text on EE

 

 

 

We’re making some changes to the terms and conditions for your 4GEE plan regarding the notification of price changes. The new terms will take effect from 26 March 2014.

 

Please see below the updated clause which details one of the instances in which you have the right to cancel your plan without charge, as a result of a price change.

 

7.2.3.3. We have given You Written Notice of an increase in a Price Plan Charge under point 7.1.4 and (i) the increase in Your Price Plan Charge (as a percentage) is higher than the annual percentage increase in the Retail Price Index (RPI) published by the Office for National Statistics (calculated using the most recently published RPI figure before we give you Written Notice under 7.1.4);

 

 

 

So, is this cause to cancel without charge as I did not agree to this type of rpi increase and will potentially make my contract dearer every year over the previous method ?

 

How do I go about refusing to agree to this change ?

 

Ty

[gregs07]

I've phoned up and registered a complaint 150. I'm going to take it to the communications ombudsman. I'd urge everyone else to do the same.

[Jamesmcuk]

well done mate I will be doing the same! Shame no one with a bit of contractual law knowledge has bothered to respond. not really worth posting on CAG I guess

[ste perez]

Is it also worth putting something into writing and does anyone clever know how to word it ?

[2ltr16valve]

I emailed them saying I want to cancel as I feel their change puts me at a material detriment in the future as they will be raising my bills by a set amount each year rather than May rise my bills.

They just sent this, in my opinion a copy and paste reply

 

--------------------------

Thank you for your email regarding the recent text message you received.

Please be advised the text message sent to you was not sent to notify you of a price increase but to advise you of a change in our network terms and conditions which will be made from 26 March 2014.

As a company we wish to provide clarity on the terms to ensure customers are provided with more certainty and transparency in the event of us making any changes to your price plan. The update in the terms and conditions supports the guidance Ofcom recently issued around fairness in contracts around several issues, including price increase in contract. The change in the terms provides greater clarity on price increase notification, which includes the instances when you as a customer have the right to cancel a contract without charge.

In addition to the above we have signed up to the government's Telecoms Consumer Action Plan which aims to improve the customer experience in a number of areas, including bill transparency and certainty over the lifetime of a contract, in line with the principles of Ofcom's guidance.

I trust the above explains more clearly to you why the text message was sent to you.

 

 

Yours sincerely

 

 

Executive Office,EE

 

-----------------------------------------

[2ltr16valve]

And another reply after I sent an email stating I will be at a material detriment due to the rpi figure calculations making a greater rise in future.

 

_________________________________

 

Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

 

Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

 

This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.

 

Yours sincerely

 

Executive Office,EE

 

_________________________

 

I have replied to this again stating that I will be at a material detriment as per the reasons above. An if they will not honour their own terms and conditions then I demand they issue a deadlock letter so I can go to their regulator.

[citizenB]

well done mate I will be doing the same! Shame no one with a bit of contractual law knowledge has bothered to respond. not really worth posting on CAG I guess

 

The reason is more likely that this has already been discussed in other areas of CAG - perhaps use the Search Engine to find this information. However, there is a good article on MSE.

 

http://www.moneysavingexpert.com/news/phones/2014/01/o2-to-hike-its-prices-by-2-7-can-you-leave-your-contract-penalty-free

 

Which I think covers the situation.

[Conniff]

I don't see you have a reason to end the contract at this time, nothing has happened to put you at a disadvantage. When they actually announce an increase, then you can tell them your disposable income will not sustain a raise of that amount and to cancel the contract.

[2ltr16valve]

I don't see you have a reason to end the contract at this time, nothing has happened to put you at a disadvantage. When they actually announce an increase, then you can tell them your disposable income will not sustain a raise of that amount and to cancel the contract.

 

Hi

 

But if you look at the actual way it's written. Unless the raise is above the rpi then you can not cancel. My issue is. A raise inline with the rpi is going to be more than a standard inflation rise or CPI rise.

So this is why it puts me and all customers at a material detriment as the contract is now going to cost me more as I am tied in.

[Conniff]

Yes, I see your reasoning now. Do it, tell them you have had no say in the change of contract and that in you opinion if is unfair iaw the Unfair Terms in Contracts regulations.

[2ltr16valve]

Yes, I see your reasoning now. Do it, tell them you have had no say in the change of contract and that in you opinion if is unfair iaw the Unfair Terms in Contracts regulations.

 

Thank you.

 

I have tried and received the above response saying they will not discuss it further as they say so.

[gregs07]

Hi 2ltr,

 

What was the e-mail you used please, i've just come off the phone to the Philippines call centre who stated i'll be contacted in 6 weeks!!! by the complaints department.

[2ltr16valve]

Hi 2ltr,

 

What was the e-mail you used please, i've just come off the phone to the Philippines call centre who stated i'll be contacted in 6 weeks!!! by the complaints department.

They really do not get the rights to cancel without penalty do they !

 

[email protected]

[gregs07]

Cheers bud..

[GeoffH74]

Great advice here (y)