T-Mobile price increase _Cancel contract

[hoppyuk]

Just posted on their fb page. They are refusing to respond to my twitter page.

[Consumer dude]

T-Mobile are increasing prices by 3.3%, stating they have used the Retail Price Index, currently at 3.3%. This rate is incuorrect 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.[/QUO

 

This is very helpful. If I get a letter to T mobile before the new charge is due to start in May then I can terminate the contract without penalty. Do I get to keep the phone I wonder..

[Consumer dude]

Just posted on their fb page. They are refusing to respond to my twitter page.

 

They are on the back foot..

[anna2007]

T-Mobile are increasing prices by 3.3%, stating they have used the Retail Price Index, currently at 3.3%. This rate is incuorrect 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.[/QUO

 

This is very helpful. If I get a letter to T mobile before the new charge is due to start in May then I can terminate the contract without penalty. Do I get to keep the phone I wonder..

 

I phoned Customer Services yesterday to give notice that I wished to cancel both of my contracts in accordance with clause 7.2.3.3 and, of course, they refused. So I am now at the stage of having written a letter of formal complaint, which I'll post tomorrow. I'm of the opinion that they are in breach of contract if they refuse my request to cancel without penalty, so intend to refer my complaint to CISAS if need be.

 

I'm really not sure where we stand on keeping the phone... both of mine were purchased via third parties (e.g. mobiles.co.uk) and were 'free' with the contracts - not sure if the phones are classed as gifts, as they're free, and therefore yours to keep?

[shedder101]

just worked out my two line increase

 

def 3.3% increase

 

i know some might say its such a little amount but as it said in the Guardian paper the increase gives them 52 million extra over the next 12 months

 

i will not pay out of principal i took out a fixed contract

 

i will fight it all the way, cancel my direct debit and get another number if needed.

 

this is the last straw with them, one of my phone were stolen and they charged me 5.25 for a replacement sim with out telling me it showed up on my bill

 

when i rang and complained they just said you can claim it of the insurance , as i said not if the welsh police wont give you a crime number so you can claim

 

never got a refund

 

i will be damned if i take another 2 year contract with companies like them, its one month at a time in future

[saroash]

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 ?

 

As per clause 7.1.4 of their contract they can increase their price-plan, BUT, clause 7.2.3.2 allows us to terminate the contract penalty free if the increase is of material detriment. T-Mobile are misleading the customers by saying that:

1. They have the right to increase price-plan and that this increase is approved by OFCOM

2. In order for us, the customers, to cancel the contract penalty free the increase has to be above the RPI

3. T- Mobile has the right to decide whether the increase is of material detriment to us,, the customers.

 

All the above arguments given by T-Mobile are completely misleading and please DONOT fall for them. My arguments to the above are as follows:

 

1. The same terms and conditions which allow them to increase the price plan also allow us to cancel without paying cancellation charges. The clause which allows them to increase price plan is 7.1.4 and the clause which allows the customers to leave penalty free is 7.2.3.2 and 7.2.3.3. Regarding OFCOM's approval, no where have I found any reports of OFCOM "approving" such a price increase nor I have been able to see evidence from T-Mobile proving. OFCOM's General Conditions, Clause 9.6 deal with the price increases, how the provider must inform the subscriber and at the same time giving them the right to leave if the increase is of materiall detriment.

 

2. Another argument given by T-Mobile is that the increase must be above RPI as per clause 7.2.3.3. Again this is untrue. Clauses 7.2.3.2 and 7.2.3.3 are NOT "additional" to each other but are "instead" of each other. The last word of Clause 7.2.3.2 is OR and not AND. i.e. we as customers have the right to leave penalty free if there is a price increase which is of material detriment to us OR if there is a price increase which is above the RPI. The keyword here is OR.

 

3. T-Mobile are saying that they have the right to decide whether it is material detrimet to its customers. Agin this is not ttrue. A simple search on OFCOM website or on google clearly shows that according to OFCOM it is the customer which decide what is of material detriment to them.

 

Please stand-up for your rights and don't let T-Mobile bully its customers. If we are obliged to abide by T&C so it is T-Mobile.

Edited April 7, 2013 by saroash

[powerful_rogue]

I would personally forget going along the "material detriment" route. I believe people try this route every time there has been a RPI increase and I have not heard of anyone succeeding as it would be very difficult to prove "material detriment".

 

The best route to take it what anna has already suggested.

 

I received a letter 3 days ago dated April 2013 stating they are increasing my price plan by RPI which is currently 3.3% and this will take effect on the 9th May.

 

However, from the 19th March, the RPI has been 3.2% - So appears to be a breach of theor terms and conditions.

 

7.1.4. We can increase any Price Plan Charge. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.

 

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.

[Consumer dude]

If this is a breach of the T&C then apart from being able to terminate the contract without further charge would I also further charge them for my time in taking any action informing of such. Should I give 28 or 30 days notice to terminate ?

Edited April 8, 2013 by Consumer dude

[saroash]

Good morning all,

 

Just plucked the following from OFCOM's website:

 

Ofcom received the most complaints from Orange customers during the three months to the end of December 2012. Orange generated above average complaints at 0.21 per 1,000 customers, again, largely driven, by the withdrawal of its free broadband offer.

T-Mobile also generated complaints in excess of the industry average, with consumers mainly complaining about billing and how their complaints were handled. Three’s complaints were equal to the industry average.

O2 was the least complained about mobile provider with 0.06 complaints per 1,000 customers. O2, Virgin Mobile and Vodafone all achieved fewer complaints than the industry average.

 

From the above , it appears that T-Mobile has developed immunity to all our complaints hence the reason for their current attitude!!

 

 

The above information acn be found here http://consumers.ofcom.org.uk/2013/03/latest-telecoms-and-pay-tv-complaints-figures/

[powerful_rogue]

My letter to T-Mobile

 

Dear T-Mobile,

 

On the 5th April 2013 I received your letter dated April 2013 advising me that my T-Mobile monthly plan was going to increase in price due to inflation. In your letter you stated “We’ve used the Retail Price Index (RPI) which is currently at 3.3%”

 

Since receiving this letter, I have looked at your terms and conditions for customers that joined before the 30th October 2012 and noticed the following terms which apply to the price increase.

 

7.1.4. We can increase any Price Plan Charge. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.

 

You have complied with this section of the terms and conditions. I received the letter on the 5th April 2013 dated April 2013 advising me of the price increase taking place on the 9th May 2013.

 

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.

 

This section of the terms and conditions comes into action as the Retail Price Index percentage dated 19th March 2013 covering the month of February as documented on the Office for National Statistics website is 3.2%. As such you have increased my monthly price plan higher than the increase in the RPI for the month prior to giving me written notification.

 

As such I give you immediate notice prior to the change coming into effect and demand my contract be cancelled under 7.2.3.3 as per the above reason.

 

Regards

[saroash]

My letter to T-Mobile

 

I really like your letter. It reads much better than the one I sent.

 

T_mobile have recived my letter today. Now let's see what happens...

[saroash]

On T-Mobile's website it says:

 

"We’ll acknowledge receipt of your letter with a text message on the day we receive it."

 

I can see my letter was delivered to them today morning (checked through royal mail tracking) but I haven't received any text from them yet!!

 

I hope they are not up to something cheeky!!

[Consumer dude]

On T-Mobile's website it says:

 

"We’ll acknowledge receipt of your letter with a text message on the day we receive it."

 

I can see my letter was delivered to them today morning (checked through royal mail tracking) but I haven't received any text from them yet!!

 

I hope they are not up to something cheeky!!

 

Perhaps received does not not mean the same as delivered or does it ?

[saroash]

Perhaps received does not not mean the same as delivered or does it ?

 

Perhaps, you have a point there. Recieved is probably not the same as delivered.

[LaidBackLad]

Hi all,

 

I've recently been hit with a price rise on my two contracts with T mobile, up from £21 to £21.68. Its not that I can't afford the increase, what bothers me its the fact that they've actually gone ahead and done it. A quick scan of their tarrifs shows that this rise is being aimed at existing customers only, which again angers me. I've read quite a few forum posts over the last 24 hours and have arrived at the conclusion that they dont care and no one gets anywhere with their complaints. I've messaged them on Facebook and after 3 replies they have chosen to ignore me.

Resigned to the fact that I wont get anywhere I now need a way to get back at them, sort of an Eye for an Eye (EE). As I've never done this before I was wondering if I was to order another mobile phone from them and then return it to them within 7 days under DSR, stating the reason as I do not agree with certain clauses in their contract (mentioned above) - or that the phone just doesnt meet my needs, do I have to pay the return postage costs? The object of this would be that they have incurred postage costs approximately even to or more than my price increase. Whereas I would be no better off financially, neither would they and my mind would be at peace. I'm sure they would quickly change their policies if everyone did this.

 

Dont get mad, get EEven.

[queensclose]

Hi all,

 

I've recently been hit with a price rise on my two contracts with T mobile, up from £21 to £21.68. Its not that I can't afford the increase, what bothers me its the fact that they've actually gone ahead and done it. A quick scan of their tarrifs shows that this rise is being aimed at existing customers only, which again angers me. I've read quite a few forum posts over the last 24 hours and have arrived at the conclusion that they dont care and no one gets anywhere with their complaints. I've messaged them on Facebook and after 3 replies they have chosen to ignore me.

Resigned to the fact that I wont get anywhere I now need a way to get back at them, sort of an Eye for an Eye (EE). As I've never done this before I was wondering if I was to order another mobile phone from them and then return it to them within 7 days under DSR, stating the reason as I do not agree with certain clauses in their contract (mentioned above) - or that the phone just doesnt meet my needs, do I have to pay the return postage costs? The object of this would be that they have incurred postage costs approximately even to or more than my price increase. Whereas I would be no better off financially, neither would they and my mind would be at peace. I'm sure they would quickly change their policies if everyone did this.

 

Dont get mad, get EEven.

 

My mums already done it. They sent her a prepaid envelope

[Consumer dude]

The increase in the letter I received states the increase will begin from may. If I decide to not except the increase as I am convinced its in breach of contract, am I to assume correctly that I need to give notice of my right to terminate the contract before the price does increase..

[saroash]

Has anyone received any response to their letter?

Mine got delivered on Monday but sill haven't heard anything from them

[shedder101]

no nothing yet

 

i am hitting them with another one friday response or not

[IainW]

Hi All,

 

I had the same issue and I managed to (sort of) win.

 

I called them to demand a cancellation of my contract - stating the T&C points others have mentioned above.

 

I tried a number of arguments with both the original person I spoke to and their manager:

 

• The inflation rate being applied is for a year - I have only been with t-mobile for 5 months. There wasn't any mention in the T&C what inflation rate, period or how it would be applied, eg pro-rata, etc. This hit a brick wall.
  
• I refered to the minimum period stated in the T&C and the ability to get a refund if there was a detrimental change to the contract. The manager said that the minimum period could refer to either the initial 2 weeks or the 2 year contract period depending on the context. I said that the meaning of a term cannot change within a contract. We couldn't agree on this.
  
• I then pointed out that the original sales person that contacted me offered me a 2 year contract @ £32 / month - without saying that this was subject to their T&C. The manager agreed that this was what I had been told (and we went round the loop several times and he agreed each time), but he said that the contract was subject to their T&C. I then realised that I had never actually received their T&C - not with the phone (as the manager had expected), nor did I receive any email. At this point he said his manager would call me back.
  

His manager said that he had reviewed my plan and that I was actually on an 'Impacted' Plan. (I had never heard of this before.) This meant that I should get a refund of any price increase. He said this would apply to the full 2 years of my contract. I think this was just a way of getting out, but I accepted.

 

So I guess it could come down to what you were given / told when you took out your contract and if you did it over the phone or through their web site, etc. If you are told a specific deal and not told it depends on T&C - and especially if you did not recieve, or were never explicitly refered to their T&C.

 

I did spend quite a bit of time arguing for a little money, but I think the principle is worth it.

 

I don't know definitely what the legal position is on the above, but hopefully some of you will be able to use this.

 

Good luck.

[chunkylover53]

Has anyone received any response to their letter?

Mine got delivered on Monday but sill haven't heard anything from them

 

I have heard nothing either.

[ruflonger]

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

Edited April 12, 2013 by ruflonger
Misspelling

[chunkylover53]

I don't know whether this is relevant but the RPI increase in January was 3.3%. They are possibly using those figures instead?

[shedder101]

nothing from T Mobile

 

so i have sent a second letter off today

 

they cant ignore all of us

[Consumer dude]

It may be easier to just send a letter terminating the contract and letting them sue..