T-Mobile price increase _Cancel contract

[smewing]

send me an email on infopost.eu.com putting the at after info

S

[smewing]

Thought I would put the main stuff up:

 

f. The customer does not dispute the RPI figure, but does dispute the application of this to

his price plan. The customer states that he entered into the agreement on the basis that

his monthly price plan amounted to £7.38 and this is what he has been charged since

October 2012. A 3.3% price increase on this sum would amount to 0.24 pence per

month. However, the company has applied the price increase to the non-discounted

price plan rate of £13.22 amounting to 0.43 pence per month.

g. The customer has submitted a copy of his February 2013 bill the front page provides

“your monthly plan charges £7.38”, the third page provides “monthly plan charges

£13.22, loyalty discount from your monthly line rental £5.84”.

h. The company’s terms and conditions provide a definition of its “price plan charge”, which

is the “charge for the price plan service, which comprises the monthly charge for the

price plan”.

i. Having considered the clauses and the differing interpretations of the parties, I am

satisfied that the clause is ambiguous. I find that the customer’s monthly price plan

charge amounts to £7.38 and the inflation increase should have been applied to this

sum.

j. Furthermore, while the customer did not dispute the RPI rate, I am mindful that the only

figure publicly available at the time was that of 3.2% on 19th March 2013. This was the

latest RPI figure available in the month before the company gave notice.

Notwithstanding this the company applied an above inflation increase of 5.82% to the

customer’s monthly price plan charge.

k.

9. My conclusion on the main issues is that:

a. The company is in breach of its contractual obligations.

b. The customer has provided sufficient evidence to justify his claim.

10. Therefore, my decision is that the customer’s claim succeeds in part and I direct the company

to process the customer’s request to terminate the contract without financial penalty and back

date, this to the original request in April 2013, waiving all charges on the account after this date.

Further, I direct the company to provide an apology for breaching its contractual obligations.

[sirgader]

Perfect! Adjudicator's opinion about the % works in my favour. I hope I will be able to use it when it comes to the hearing. Or maybe T-Mobile will give up before making everyone's life easier ;-)