Yes i've also had the same problem. I use picture messaging and international calls quite a bit and they are going to increase in the next few months so even if i wasn't of "material detriment" in the past few months I may be in the near future. The chat advisor directed me to the Ombudsman who was unwilling to help and shut me down from all angles...Which? legal services also didn't help and also referred me to the Ombudsman. It's completely unacceptable for them to do this ! See below for the transcript :mad2: info: Welcome to EE. A UK-based Customer Relations Advisor will be with you shortly. You are number 1 in the queue. info: You are now connected with Gary sean brown: hi gary Gary: Hi, you're through to Gary in the EE Customer Relations Team. How can I help you today? sean brown: ive been notified of EE price increases. I'm not happy with this. Where do I stand ? Gary: These increases are for "Out of Bundle" charges, I assume? sean brown: yes Gary: And you regularly go over your allowances? sean brown: no but i use things outside of my allowance like picture messages and international calling which will increase soon. The point is EE have increased their charges without my consent sean brown: i understand the increase can rise in accordance to RPI..but this is something different Gary: We don't need your consent to increase prices of charges of Out of Bundle charges, but we are able to look at your usage and see what impact this might have on you sean brown: i agreed a contract with those prices in place...its not right for EE to increase them sean brown: ee.co.uk/content/dam/ee-help/Help-PDFs/EE%20pay%20monthly%20network%20terms%20joining%20on%20and%20from%2011%20November.pdf sean brown: Your Price Plan Charge includes an increase by the annual percentage increase in the Retail Price Index (RPI). We will do this so the price increase takes effect in March of each year (see point 7 of the terms and conditions). Gary: I understand, but we have have advised you of the change and given notice. sean brown: We may change the terms and conditions or the Services. If We do make these changes, We’ll give You Written Notice when We can before the change takes effect (see points 7 and 12.1 of the terms and conditions). We may also increase or decrease Our prices. Your Price Plan Charge will go up by RPI during Your Minimum Term. You agree that We can change these Terms and Charges without obtaining Your express consent to vary the Agreement providing We comply with the procedure in point 12. Some of the price increases may give You the right to leave the Agreement without paying a Cancellation Charge (see point 8.4 of the terms and conditions). sean brown: and i dont agrre with it Gary: sean brown: you cant just say now its costing more and thats OK? if BT put up your line rental by £100/month and said to you the same thing what would you do ? sean brown: Gary: Thanks, let me have a look into your account Gary: Ok, I see you average 6 MMS/picture messages a month sean brown: at the moment..this about agreeing something going forward Gary: And in the last 3 months, I can't see any international calls Gary: Are you going to be substantially changing your usage patterns in the future? If so we have add-ons that can ensure you make savings? sean brown: not the point gary sean brown: i know you can see where im coming from sean brown: and i want to know where you think i stand...legally sean brown: taking consumer rights into consideration Gary: Let me have a look at it. The T & C's you linked to are *****.I need to check the 2015/16 one your re-signed into, give me a minute Gary: *you Gary: Ok, our position is that if the impact of these charges are "materially detrimental" to you by more that 5% of the the total bill value, after adding these OOB charges, we will review your account sean brown: ok so in lehmanns terms ? Gary: I'm not sure what you mean by "lehmanns terms", sorry, so I can't comment on that sean brown: in simple terms sean brown: can we review my account please ? Gary: Yours, and all the accounts, have already been reviewed and noted if affected. Yours has not been noted Gary: If you feel in the future you require more "out of bundle" usage, please give us a call or look on the web site for the OOB add-on that will suit you sean brown: sorry gary i cant accept these changes sean brown: i dont agree sean brown: i will require more OOB charges. Lots of holidays and travelling planned..including pics home etc. USA next week...Thailand October etc etc sean brown: from a consumer rights point of view..by not doing anything now when the increase is planned would show a willingness to accept the changes..and im not accepting them Gary: Roaming charges are completely different to this issue, they have no bearing on this. If you disagree with our position, I can only refer you to the Ombudsman Services, who are our industry arbitration service sean brown: ok...ill take it further...just needed you to tell me your position before i did sean brown: because no point in going higher if you were willing to sort this (cheeky) increase out Gary: That is your right, do you need the details of the Ombudsman Services? Gary: You are at the highest point of escalation within EE sean brown: i just wish more people wouldnt let these big companies get away with it..yes my OOB will increase but it should be allowed sean brown: OK thats great...so im getting the best information...yes i would like the details please Gary: No problem, give a minute, please sean brown: i also have legal protection with Which? magazine etc. Im sure they will be in touch Gary: I'm sure they will review the issue, as will the Ombudsman Service. sean brown: sure Gary: You can find the Ombudsman sean brown: ok thanks for the link..saves me a bit of time sean brown: can i have a copy of this chat too please ? Gary: You can, you need to click the envelope icon at the top of the chat window after the chat is ended. This will email a copy to the email address you chose Gary: Thanks for chatting with me today. I would really appreciate if you could spend a moment to fill out the short survey by simply clicking on the 'End Conversation' button at the top which will help us improve our chat service. I hope you enjoy the rest of your day. sean brown: speak soon info: Your chat transcript will be sent to x at the end of your chat. Gary: Cheers, all the best, and safe travels

Ok to all reading this i did consider replying in a PM but for those others who may read this in months and years to come i will reply here in public in the hope that it helps. First monthly payment £798.20 Credit Arrangement fee £149 Our monthly repayments are £649.20 per month from 7th June 2007 until 7th July 2011 With a final settlement fee of £15516.68 Purchase fee of £10 2nd Installment of Credit Arrangement fee £89 To this date we could settle the(£37,500) loan for £25,846 which would include all early settlement charges. On 7th July 2011 we have the option of paying the settlement fee, handing the car back to the dealership or using it as a deposit for another car. To answer the final question we still have the car at home. We don't drive it to keep the mileage down just in case we have to sell it as a last resort and it is always developing new faults anyway. We have told Alphera Finance that we are paying under protest etc etc and they have wrote back stating they are not willing to take my case onboard. It's completely unfair ! Sean

Thanks Nightmare4Banks, That has answered a few questions and i will get onto it straight away. I wasn't sure if the DSAR was applicable if it wasn't regulated under the Consumer Credit Act but i guess from your post it is. The official link if anyone is intersted to my situation is here on the other forum http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/241669-car-finance-company-wont.html. There may be a bit more of a background there to what has happened. As always all help much appreciated. Sean

We either can't find the original agreement or wasnt given one we aren't completely sure. The finance company refuse to send us the original copy so we are only told the brand name of the agreement "select agreement" and until we get the terms and conditions, which they wont send us or reply to emails, we can't be completely sure. They have responded by saying that it is outside of the Consumer Credit Act and that we are unable to contact the Financial Ombudsman. Im completely lost and really frustrated. I've exercised every avenue that i can think of and this forum is basically my last hope. Thanks for the reply. Sean

What if the agreement is not not regulated as part of the Consumer Credit Act ? E.g a loan in May 2007 for greater than £30,000. Can you still ask for all your information and signed agreements to be sent to you ? Sean

Dear all, Im looking for anybody wh has any experience at all on this matter... We purchased a Mercedes for £37,500 in May 2007. After signing a finance agreement with Alphera Finance (which we are now told was a Select / PCP agreement but we cant find any evidence making this clear on the documents) the car was faulty upon delivery. To cut a long story short, it has had 19 major faults since purchase which has meant it has spent a lot of time back in the dealership. We tried to use the car to go from Warrington to Wales for our wedding in October 2009 and it wouldnt start and that was the last straw. We then found via Consumer Direct that we could contact the finance company and make a claim to them. Obviously they stood to lose money if they took the car back. They replied with a letter stating that the agreement was not regulated under the Consumer Credit Act and we could not approach the Financial Ombudsman. I have contacted Alphera Finance on several occasion to get them to fax the original paperwork and T & C's that they think apply but they won't respond to my emails. So far, I have contacted Consumer Direct who only deal with claims under £5000, Which? legal services who say the same, Mercedes Benz direct (from the start) who will only repair the car despite it developing more faults on different parts of the vehicle, the finance company who won't do anything, Citizens Advice and we are in touch with Trading Standards, the Financial Ombudsman to see their stance and also looking for a Solicitor who specialises in consumer law etc. It seems as though if you buy a car for this amount nowadays and it's broken there is nowhere to turn should things go wrong. Nobody seems to have the authority to help. Has anybody had a similar situation in the past ? (yes i have searched the threads) Is there anything else i should be doing ? Does anybody know of an experienced solicitor in these matters ? Any help would be much appreciated. Sean