T-Mobile price increase _Cancel contract

[shedder101]

i would to be honest but its getting the PAC code from them, i dont know if they would hold it back until the balance is paid

[locutus]

They have to give you your PAC on request. It's the implications on your credit file that should be your primary concern. You will be starting a huge battle IMO where you will end up taking them to court for putting a mark on your credit file.

[shedder101]

yes they have the prime seats with your credit file,

 

i believe they will just ignore my letters and the only real option will be to never renew with the company at the end of the contract

 

i will never take a contract on again if they can make changes mid term, i agreed to fix payment for two years, so the increase as well as the VAT increase is the last straw

[shedder101]

i have been giving this a lot of thought and i dont want people to think the people on here are moaning over this increase.

 

i cant speak for them but in my case, and i imagine most of the others its a question of principle not the amount of the increase. I am sick and tired of companies that take us for granted.

 

i dont think the letters we have sent will do anything, they will be ignored and we will get back a standard letter saying, TUFF.

 

i am worried about cancelling my contract as it can be shown on my credit report but can they do it if i put the account in dispute, if you think we have a case down to the RPI amount .01% difference i am willing to call them, cancle my two lines and request the PAC code and put the account in dispute.

 

all i need is someone to confirm we have a case we have a chance of winning

[shedder101]

just had a text survey from t mobile for contacting them on the 10th, usual stuff how did we do, was the person understandable that type.

 

 

as i haven't spoke to them they got 0 very dissatisfied

 

so is this the text to say they have received the letter or as i think some one should have called from t mobile to talk about my letter but they just didn't but the automated survey text caught them out.

[anna2007]

I have posted on TMobiles Facebook pages detailing the situation - The most recent reply is:

 

The increase in the price plan charges is in line with the 3.3% rate of inflation as measured by the Retail Price Index (RPI) released on 12 February 2013. Our pay monthly terms and conditions state that we may increase charges by up to the RPI figure in any 12 month period.

 

I have responded:

 

It is irrelevant what the Retail Price Index (RPI) released on 12 February 2013 was as the notification I received of an increase in my plan was not in March. What is relevant is the Retail Price Index (RPI) released on 19 March 2013 as the notification I received was in April and dated April which means the increase in my plan for the previous 12 month prior to the notification date in April is above the RPI of 3.2% release in March.

Your term state 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.

 

I am now waiting for their response

 

That's a very interesting response from T-Mobile, in that if that's the best they can come up with in over a week of complaints and cancellation requests, they're in more trouble than I thought...

 

I'm not sure if what they're saying in their reply is we can pick any RPI figure in the last 12 months, or if they're still blindly insisting that February is the month before April! Regardless, their interpretation of their own terms is inaccurate - it's not the RPI in "any 12 month period", but the 12 month period in the month before the written notice is sent, as you've rightly pointed out to them in your reply back.

 

An additional thought - the written notice actually states they've increased due to inflation and at RPI, "currently" at 3.3% - this proves that they've used what they thought was the latest RPI rate, rather than cherry-picked any RPI rate from the previous 12 months. By their own admission to you (and by the Customer Advisor I spoke to when I first phoned to cancel), they've used the RPI figure released in February, which of course would be the current rate if their letter had gone out in March. Unfortunately for them, they waited until April and in doing so, they've opened up the cancellation clause.

 

Have they replied again on Facebook?

[anna2007]

i have been giving this a lot of thought and i dont want people to think the people on here are moaning over this increase.

 

i cant speak for them but in my case, and i imagine most of the others its a question of principle not the amount of the increase. I am sick and tired of companies that take us for granted.

 

i dont think the letters we have sent will do anything, they will be ignored and we will get back a standard letter saying, TUFF.

 

i am worried about cancelling my contract as it can be shown on my credit report but can they do it if i put the account in dispute, if you think we have a case down to the RPI amount .01% difference i am willing to call them, cancle my two lines and request the PAC code and put the account in dispute.

 

all i need is someone to confirm we have a case we have a chance of winning

 

Is your letter from them dated April 2013? Then I believe you have a chance of winning, please look closely at the wording of clause 7.2.3.3, then don't budge... they've cocked up big time

 

Re: credit file - I challenged Vodafone a few years back over a contractual issue (less clear cut than this one) and won - I hadn't paid for 2-3 months and wrote to the credit reference agency to have it deleted, which they did. But if the credit rating is an issue to you, or you're not sure about the outcome, I wouldn't recommend this route - put the call into CS (t&C's say you have to call) and leave it at that, or refer to CISAS, your credit rating won't be affected then. I'm hoping there will be a ton of complaints to the relevant people, it only takes one to be found in favour of the consumer and that will apply to anyone who put a valid request in to cancel.

[shedder101]

yes my letter is dated april so its time to call and cancel the contract, ask for my PAC codes and cancel the direct debit

[shedder101]

on to tmobile at the moment to cancel my contract

 

as expected there will be a cancellation charge, i have stated there terms and to avoid the extra charge they offerd me a new rate to avoid the increase.

 

i think they know they have dropped one

 

i said no i wished to cancel and now she has run off to find out what to do

[shedder101]

now on to someone in the UK

 

sme conversation as with the other lady

 

she has now run off to find out what to do now i have asked for the PAC codes

[shedder101]

she states i cannot have the pac code without paying a cancellation fee

 

i told her about the terms she has now gone off to read them

[shedder101]

43 mins on the phone

 

she said there legal department said it was right and i would have to pay a cancellation fee i argued the point obviously 7.2.3.3. is correct as she offerd no defence just said the legal department said it was correct at 3.3%

 

i argued who was then correct Tmobile or the govenment department who put out the fig, and offerd this link to show the rate in feb was 3.2% so she is getting someone to ring me back to explain it better but fact is fact they increased it 3.3 it was 3.2 so i should be able to cancel

 

only problem is my PAC is up for ransom

 

 

http://www.ons.gov.uk/ons/rel/cpi/consumer-price-indices/february-2013/stb---consumer-price-indices---february-2013.html#tab-Retail-Prices-Index--RPI--and-RPIJ-

[shedder101]

Had the call back today another 26 mins

 

so this is there position

 

the rate increase is 3.3% based on the past 12 months RPI not as stated in the letter Feb RPI therefore they can increase it without me being able to cancel using clause 7.2, as he said if that was the case everyone could cancel without paying and they would have a lot of people doing it.

 

i have my pac code for my accounts but have been told i still have a cancellation charge will be applied to my account, i informed him i feel i am right and are willing to say so so i hope they get it.

 

so bottom line is they will have to sue me for the money so let a judge decide who is right.

 

it looks like they have taken the stance of 12 month avg that is the best they can come up with after a week. They say they havent had my two letters i have sent them, lost in the system i suppose

 

so to all on here, i have cancelled i will fight and will change my supplier

[powerful_rogue]

Keep us updated Shredder. I had a reply to my letter whic ignored ever point I mentioned and kept talking about material detriment which I never mentioned. Phoned up and asked for a deadlock letter so I can take the matter to CISAS. They have me an email address for their "legal team" so emailed them asking for a deadlock letter.

[shedder101]

I will keep you all updated always like a good fight

 

i did ask how many have complained about the increase he said very few, i think that might change, but i understand the fear of the cancelled contract and the amount of money they say i owe will put some people off, but its how they get away with it people, stand up for your rights and we would all be better off

[ruflonger]

That's a very interesting response from T-Mobile, in that if that's the best they can come up with in over a week of complaints and cancellation requests, they're in more trouble than I thought...

 

I'm not sure if what they're saying in their reply is we can pick any RPI figure in the last 12 months, or if they're still blindly insisting that February is the month before April! Regardless, their interpretation of their own terms is inaccurate - it's not the RPI in "any 12 month period", but the 12 month period in the month before the written notice is sent, as you've rightly pointed out to them in your reply back.

 

An additional thought - the written notice actually states they've increased due to inflation and at RPI, "currently" at 3.3% - this proves that they've used what they thought was the latest RPI rate, rather than cherry-picked any RPI rate from the previous 12 months. By their own admission to you (and by the Customer Advisor I spoke to when I first phoned to cancel), they've used the RPI figure released in February, which of course would be the current rate if their letter had gone out in March. Unfortunately for them, they waited until April and in doing so, they've opened up the cancellation clause.

 

Have they replied again on Facebook?

 

 

They haven't replied.

[shedder101]

today i have sent a recorded delivery letter to Tmobile confirming my cancellation of my contract and listing the reason why i cancelled, bit of belt and braces stuff as i dont trust them over the phone.

 

i am expecting the bill to drop on the floor when i use the PAC code so then we will see what happens

[locutus]

Getting your PAC is not the hard part. They have to provide that upon request. Their next step is to place a "default" marker on your credit file for non-payment if their bill goes "unpaid" for 3 or more months. Getting that removed will be a battle I feel.

 

Do as powerful_rogue did and request a DEADLOCK letter so you can escalate the complaint to CISAS.

 

CISAS is a toothless qango IMHO, however it is free and they are independent of T-Mobile

 

Please keep an eye on your credit file. Noddle is free, others cost you £2 per copy. If anything negative appears, read up on how to remove negative entries... I feel court action is the best option. Take them to small claims for £7000+ for writing something negative and wrong about you.

[shedder101]

Hi

 

i do keep an eye on my file using noodle so i can see what they put

 

can they put a default on my file when the account is in dispute

[locutus]

The trouble is they are not "credit" so they don't have to abide by the consumer credit act.

 

They do have to make sure all the information is correct though. That is what would give you grounds to claim against them.

 

Interesting reading is RICHARD DURKIN v DSG RETAIL LIMITED and HFC BANK PLC

 

And Kpohraror -v- Woolwich Building Society

[DJtony]

Called their royalty and retention department. Their current strategy is to make the customers stressed by keeping saying they believe the rpi is 3.3 and they will charge you an early termination fee. i bet they were told to do this. However, I still cancelled my contact and prepared to fight a legal battle with them.

 

I have sent a message online to BBC watchdog yesterday and suggest everyone in my situation do this as well. The more people know about this the better situation it will be for us.

[shedder101]

what a good idea

 

i to have sent watchdog a report about what they are doing

 

by the way, still had no response from the 2 letters i have sent them, i topped it of with a recorded delivery one yesterday so we will see what happens

[Ian2012]

I've been following this thread with interest and have submitted my own Letter to T-Mobile and am awaiting a response.

 

However, I think T-Mobile have just got lucky with the RPI. From what I have just found on the ONS website is the RPI figure Released for the 12 months to March, (Released on 16.04.2013) is 3.3%

 

This can only be luck on their behalf, they couldn't have known it when they wrote the letters, but does this not now fit their T&C's?

 

I'm interested in others opinions.

 

Wasn't able to add a link (noob), but the page on the ONS Website is called:

 

Statistical bulletin: Consumer Price Inflation, March 2013

Retail Prices Index (RPI) and RPIJ

[powerful_rogue]

I've been following this thread with interest and have submitted my own Letter to T-Mobile and am awaiting a response.

 

However, I think T-Mobile have just got lucky with the RPI. From what I have just found on the ONS website is the RPI figure Released for the 12 months to March, (Released on 16.04.2013) is 3.3%

 

This can only be luck on their behalf, they couldn't have known it when they wrote the letters, but does this not now fit their T&C's?

 

I'm interested in others opinions.

 

Wasn't able to add a link (noob), but the page on the ONS Website is called:

 

Statistical bulletin: Consumer Price Inflation, March 2013

Retail Prices Index (RPI) and RPIJ

 

Makes no difference at all. There is only one rate that matters.

 

the Retail Price Index for the 12 months before the month in which We send You Written Notice

 

The RPI could be 99% this month, it doesn't change the rate of RPI in the month before the notice was given. That rate is a fixed point in time, and is the only one that counts.

[powerful_rogue]

Also dont forget T-Mobile are running two sets of terms and conditions. One set is for customers that joined before the 30th October and the other set if for customers that joined after the 30th October.

 

People that joined AFTER the 30th October and received their letter in April - Things seem to be even better for you as the T&C's state:

 

7.2.3.3. The change that We gave You Written Notice of in point 7.1.4 is:

(i) an increase in Your Price Plan Charge (as a percentage) higher than any

increase in the retail price index (also calculated as a percentage) or any other statistical measure of inflation published by any government body authorised to publish measures of inflation from time to time, and published on a date as close as reasonably possible before the date on which We send You Written Notice; and

(ii) You give Us notice to immediately cancel this Agreement before the change takes effect.

Important part highlighted above.