A question about : EE.T-Mob.Orange. Change T&C From 26th March 2014
EE has announced changes in its terms and conditions for several contract customer from March.
EE, Orange and T-Mobile customers were sent a text message today (4 February) to confirm that terms and conditions were changing with regards to how they notify customers of future price rises. The terms will change on 26 March, and customers who joined or upgraded with EE before 23 January 2014, and Orange and T-Mobile customers who joined or upgraded before 30 October 2012 will be affected.
The change means that if the operator tries to increase customers' price plans above the RPI rate of inflation, they can cancel without charge.
An EE spokesperson said: 'We are making changes to our T&Cs regarding how we notify customers of future price rises. The new term will take effect from 26 March and provides greater transparency in the event of a price increase. This supports recent guidance provided by Ofcom.’
- See more at: https://www.mobiletoday.co.uk/News/28....CuJTaVyt.dpuf
Best answers:
- No notification texts here, on any of the 3 orange contracts I have.
- The change only applies to customers who signed up before Oct 30th 2012. I think this gives rise to a penalty free cancellation - see posts #2311 and #2313 on this forum:
https://forums.moneysavingexpert.com/...1#post64612446 - I fall into this category.
Please can you keep me updated with how any convos with ee go?
I did change from a tmobile contract to an ee contract in march 2013 - they offered me a free upgrade to 4g over the phone. However they never sent me any new t&c or said there would be any change therefore I believe I should still be based on the pre october 12 t&c's
edit: I received the text this morning, which gives me reason to think I definitely would fall into this category. - Got the text this morning and I thought I could cancel but this is just for the future apparently should ee decide to increase pricrs
- My text says ( I'm with T mobile) that changes to new t&c's take effect on 26 march. Says the new conditions " affect all customers who joined or upgraded to a t mobile plan on or after 30 October 2012 and before 23 jan 2014.
I took out my contract June 2013 so I guess I'm affected. Rung customer services who said there may or may not be a price increase and I can't cancel because they have not decided yet. They said we would be given 2 weeks notice!!!
Watch out people seems like minimal notice to me!!! - The way I see it, they don't have to raise prices for you to be able to leave. The t&c state they can't change the t&c to your detriment.
The fact they are changing them to allow a future price rise is still to the detriment of the customer and therefore a breach of the t&c..
I've submitted a complaint today. I'll post when I have a response. - If they are genuinely clarifying T&Cs or modifying them due to a regulatory request then it will be difficult to cancel.
Do you have the actual wording?
Quote: - Really useful post this,
likewise I have received their sneaky text message.
I called Orange and was put through to a Sophie in their billing department.
As I expected I was quoted levels of rpi etc, so have now sent a copy of the template email.
I will let you know how I get on - You can only cancel without penalty if the price increase is more than the retail price index (RPI). Problem is- they "don't know" what the price increase is!
- Did you EE/Orange/T-Mobile customers receive the change in T&Cs text? The link is below.
It effects customers who are on Pre October 2012 contracts. and I think it opens up your right to a PENALTY FREE CANCELLATION!!
https://help.ee.co.uk/system/selfserv...D=VIEW_ARTICLE
So why can you cancel penalty free? Well the old T&C was unenforceable as it was ambiguous, so EE are lining you up for a price increase. the notice they have given you is in accordance with GC 9.6 which is the UK enactment of USD 2002/22 which states that you can cancel PENALTY FREE for ANY MODIFICATION to your T&Cs - An initial template email that can be sent (delete the red or the blue text depending on which brand you are with.
Dear Mr Swantee
Phone Number 07XXX-XXXXXX
Please accept this email as my notice to terminate my contract with Orange T-Mobile as per clauses 15.1(b) and 4.3.1 2.11.2 and 7.2.3.2 following EEs recent communication to me regarding a change to my Terms and Conditions.
I find the change unacceptable and consider it to be of Material Detriment. Additionally under Universal Service Directive 2002/22/EC of the European Parliament and of the Council 7th March 2002, Chapter IV – End User Agreements, Article 20 – Contracts, Paragraph 4 I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions.
Please send my PAC code (penalty free) by return and refund any prepaid sums made on my account.
Regards
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
I think this case is winnable for the following reasons:
- The USD (as described above);
- How can Material Detriment be defined in relation to a changed clause? You can't relate it to a figure such as RPI as you can with a price rise, as the change is a legal effect not a monetary one;
- Unfair Terms in Consumer Contracts (UTCCRs) state that a company can not give itself sole power to determine what a term means (e.g. Material Detriment)
- UTCCRs also states that when a term is ambiguous (e.g. point 2 above) It is the interpretation most beneficial to the CONSUMER that shall be used.
- For T-Mobile customers this change in T&Cs is of Material Detriment.
The original T-Mobile clause contained the word "reasonable" in relation to the price increase, the effect of using that word meant that the price rise clasues was unenforceable as "reasonable" can not be defined until you go to court and T-mobile control when they send letters, what months RPI they want o use and when the price is effective, they could only ever use the word "reasonable" to your disadvantage (hence why it was unenforceable). As the new term is very clear then it is enforceable and therefore under the old T&C they could not increase prices (they did and relied on consumer ignorance not to challenge), but following several exchanges between myself and Ofcom Ofcom told EE they could not use the old clause. - All that has happened is a re-wording of the T+C's as per OFCOM guidance.
The old T+C's basically said if the operator raised prices by more than RPI you can cancel. Which is the same as the new wording. Just written a bit clearer.
Non-story. - Hi
I am with orange and received the text message. Which email address do you sent the letter to.
Thanks for your help
Shafeeq - What is EE's price rise going to be ?
It simply says "... more than RPI.........." in the link.
If they pick Decembers RPI - 2% - That is fair enough - but they appear to be predicting next months RPI again - which is just not on.
Has anyone managed to get a response to any emails to EE recently ? - I'm with EE and joined in February last year.
My existing clause (the one they are looking to replace) suggests you can cancel the agreement without charge if EE raise their prices by more than the RPI (and the important part I think so far as I am concerned) or any other statistical measure of inflation published by any government body authorised to publish measures of inflation from time to time.
So, at the moment they seem to be restricted to a price rise which does not exceed the lowest inflation figure published by any government organisation. For example the Consumer Prices Index which is usually lower than the RPI. There could be others that are even lower - I don't know.
The new terms only refer to the RPI and since this is usually a higher figure for inflation, the change in terms must be to my material detriment.
Schedule 1 of the UTCCRs: Terms which may be UNFAIR:
(m)
giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;
AND
The UTCCRs require standard terms to be expressed in plain, intelligible language. (Regulation 7 of the UTCCRs states 'a seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language'.) This means that consumers (not just lawyers) can understand not just the words used, but their effect. Unclear or ambiguous terms, and those with uncertain application, especially those which could be detrimental to the consumer, may be challenged. Where the meaning of a term is ambiguous, the UTCCRs state that the interpretation that is most favourable to the consumer shall prevail.
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