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EE Terms Refresh - Whats it mean


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Old 09-02-2014, 16:02
SkyPlatinum
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The fact EE have changed the T&Cs means you CAN cancel the contract. If you wait until they actually increase prices you WON'T be able to cancel - it will be too late.

If you want to cancel you have to do it NOW.
sorry to be stupid, but to clarify, I took out an EE contract in November 2013. I recently received a text informing me that the contract terms are changing. Am I able to cancel free of any penalty and keep my phone? Or is it only t mobile / orange contract customers ?

Thanks
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Old 10-02-2014, 17:34
Username_
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So to clarify can you cancel without charge if you signed a contract last year?
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Old 12-02-2014, 10:38
bottleofbest
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The fact EE have changed the T&Cs means you CAN cancel the contract. If you wait until they actually increase prices you WON'T be able to cancel - it will be too late.

If you want to cancel you have to do it NOW.
Thanks for the reply mate.
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Old 12-02-2014, 12:48
lamby
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Has anyone been able to cancel it?

I just called EE and was told i wouldnt be able to cancel my contract.
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Old 12-02-2014, 21:58
jon41
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Standard copy & paste reply which has nothing to do with the actual email people have been sending them.

Thank you for your email regarding the recent text message you received.
Please be advised the text message sent to you was not sent to notify you of a price increase but to advise you of a change in our network terms and conditions which will be made from 26 March 2014.
As a company we wish to provide clarity on the terms to ensure customers are provided with more certainty and transparency in the event of us making any changes to your price plan. The update in the terms and conditions supports the guidance Ofcom recently issued around fairness in contracts around several issues, including price increase in contract. The change in the terms provides greater clarity on price increase notification, which includes the instances when you as a customer have the right to cancel a contract without charge.
In addition to the above we have signed up to the government's Telecoms Consumer Action Plan which aims to improve the customer experience in a number of areas, including bill transparency and certainty over the lifetime of a contract, in line with the principles of Ofcom's guidance.
I trust the above explains more clearly to you why the text message was sent to you.


Yours sincerely


Executive Office,EE
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Old 13-02-2014, 12:46
jammie82uk
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Right let's be crystal clear here

If you have taken out a contract or renewed a contract BEFORE 23rd jan 2014
The only way you have a 100% chance you can cancel your contract without charges is that the price rise is above the RPI rate
a change in T&C's will not allow you to exit without charges
You could try randomcurves way but that is by no means a guaranteed way to exit the contract

If you have taken out or renewed a contract ON or AFTER 23rd of jan
You are able to cancel the contract if the price rises in anyway (excluding V.A.T and prices for additional minutes texts or data used outside of your package) during the period of your contract or if your inclusive package of minutes texts or data is reduced without charges
UNLESS
You have taken out a or renewed a contract with O2 where it should have been explained to you that there will be an price rise every 12 months inline with RPI as per the T&C's
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Old 13-02-2014, 13:27
bigpete15
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Right let's be crystal clear here

If you have taken out a contract or renewed a contract BEFORE 23rd jan 2014
The only way you have a 100% chance you can cancel your contract without charges is that the price rise is above the RPI rate
a change in T&C's will not allow you to exit without charges
You could try randomcurves way but that is by no means a guaranteed way to exit the contract

If you have taken out or renewed a contract ON or AFTER 23rd of jan
You are able to cancel the contract if the price rises in anyway (excluding V.A.T and prices for additional minutes texts or data used outside of your package) during the period of your contract or if your inclusive package of minutes texts or data is reduced without charges
UNLESS
You have taken out a or renewed a contract with O2 where it should have been explained to you that there will be an price rise every 12 months inline with RPI as per the T&C's
Yeah, that's my understanding of it
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Old 13-02-2014, 13:31
sethpet
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But all the companies have a clause saying they cm have the right to raise prices in line with inflation in the contracts and have done for years.

So surely they could all raise prices.
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Old 13-02-2014, 14:11
jammie82uk
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But all the companies have a clause saying they cm have the right to raise prices in line with inflation in the contracts and have done for years.

So surely they could all raise prices.
They can still raise prices any time they like but only once in a calender year

Before 23rd jan you can't leave unless above RPI
After 23rd jan they can still increase prices but your entitled to leave if you don't accept the increase
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Old 14-02-2014, 18:32
jon41
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Second reply has been posted on MSE

Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.

Yours sincerely

Executive Office,EE
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Old 07-04-2014, 11:31
jon41
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Great news, EE (all 3 brands) have lost and been found to breach the Terms & conditions.

People receiving all charges back from when PAC was requested, get to keep handset and also £100 compensation.

http://forums.moneysavingexpert.com/...888862&page=42

Adjudicatorís findings and reasons

The dispute concerns the interpretation and application of the companyís terms under the contract for communication services. CISAS is permitted to deal with disputes arising under the contract for communication services and therefore the matter is within the scope of the scheme. I do not consider this to be a complicated issue of law.

As to whether the change is of a material detriment, I find that the wording of the original clause 4.3.1 was vague, ambiguous, uncertain and therefore unenforceable. The result of this was that if the company had sought to increase the customerís pricing, it could not have relied upon clause 4.3.1 as an exception in order to prevent the customerís cancellation without penalty.

The amended clause 4.3.1 clearly gives the company the right to increase prices equal to or lower than the most recent RPI figure. Therefore, the customer would be prevented from cancelling her contract without penalty if a price increase was imposed based upon this new term.

The change in the contract terms has therefore substantially and significantly limited the customerís right to cancel her contract without penalty. I am therefore satisfied that the change is of a material detriment to the customer and therefore, upon receiving notice of such, the customer was entitled to cancel her contract without penalty.

I note that the customer gave notice to cancel her contract on 10 February 2014 and sought her PACs, but such was not actioned by the company.

In light of my observations above, I am satisfied that the customer was entitled to cancel her contract without penalty and receive her PACs but that the company failed to action her request. I am also satisfied that the company failed to respond to the customerís complaints appropriately. For these reasons, I find that the company breached its duty of care to manage the customerís account with reasonable care and skill.

In regards to the customerís claim for an apology, in view of my findings above, to the effect that the company breached its duty of care, I find it fair and reasonable to direct that an authorised representative of the company provide the customer with a written apology for its failure to manage her account with reasonable care and skill.

In regards to the customerís claim for the company to allow the penalty free cancellation of her contract and supply her PACs, in view of my findings above, to the effect that this should have been actioned at the time but was not, I find it fair and reasonable to direct that the company cancel the customerís contract without penalty, backdating such cancellation to 24 February 2014 and waiving any charges incurred after this date.

Further, it should provide the customer with her PACs. (I have backdated the cancellation to 24 February 2014 to take into account the 14 daysí notice of cancellation required under the contract.)

As to the customerís claim for compensation, I am satisfied that the customer is due a measure of compensation for the stress and inconvenience she has suffered as a result of the breaches proven. I have taken into account the serious nature of the breach - in that the company denied the customer the right to cancel her contract - and also the additional aggravation caused by the companyís failure to provide full and appropriate responses to the customerís complaint. In the circumstances, I find that the sum claimed is both proportionate and justified. I therefore direct that the company pay the customer compensation in the sum of £100.00.
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Old 07-04-2014, 12:38
lamby
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Great news, EE (all 3 brands) have lost and been found to breach the Terms & conditions.

People receiving all charges back from when PAC was requested, get to keep handset and also £100 compensation.

http://forums.moneysavingexpert.com/...888862&page=42
I asked this question just now on there. But can customers, today, contact EE to cancel?
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Old 07-04-2014, 13:01
lamby
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I just called EE to try and cancel, they offered me a more expensive tarrif!

Unlimited calls and texts
10gb data
roaming
£37.99

At the start of the call i said i didnt want to pay more than what i had agreed too!
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Old 07-04-2014, 13:05
jon41
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Unless you rejected the new Terms & Conditions within the months notice you can't use this method to cancel penalty free but as you know from MSE you can try via the price increase thread.
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Old 07-04-2014, 13:07
lamby
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Unless you rejected the new Terms & Conditions within the months notice you can't use this method to cancel penalty free but as you know from MSE you can try via the price increase thread.
I called up to reject the T&C's a day or two after the text but this was dismissed by EE.
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Old 07-04-2014, 13:19
daleski75
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EE are being very coy they have stated you can leave penalty free IF the increase they impose is higher than the RPI which everyone knows will never happen.

Not sure how much luck anyone would/will have cancelling their contract.
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Old 07-04-2014, 14:44
RandomCurve
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I called up to reject the T&C's a day or two after the text but this was dismissed by EE.
As you contacted them in good time it does not matter that they fobbed you off. Send the emails on the Moneysaving expert site and just start the first one "further to my call to your office on XX to cancel my contract due to the change in T&Cs ....."
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Old 07-04-2014, 14:46
RandomCurve
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As you probably already know - I am also convinced that the price increase also triggers your right to a penalty free cancellation under GC 9.6 - again see the the relevant forum on ME.
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Old 07-04-2014, 14:46
lamby
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As you contacted them in good time it does not matter that they fobbed you off. Send the emails on the Moneysaving expert site and just start the first one "further to my call to your office on XX to cancel my contract due to the change in T&Cs ....."
Hey

Your advice on Money Saving Expert forums have been great, i will let you know an update with me. I am not expecting a reply for at least 2 more days.
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Old 07-04-2014, 15:00
RandomCurve
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Right let's be crystal clear here

If you have taken out a contract or renewed a contract BEFORE 23rd jan 2014
The only way you have a 100% chance you can cancel your contract without charges is that the price rise is above the RPI rate
a change in T&C's will not allow you to exit without charges
You could try randomcurves way but that is by no means a guaranteed way to exit the contract

If you have taken out or renewed a contract ON or AFTER 23rd of jan
You are able to cancel the contract if the price rises in anyway (excluding V.A.T and prices for additional minutes texts or data used outside of your package) during the period of your contract or if your inclusive package of minutes texts or data is reduced without charges
UNLESS
You have taken out a or renewed a contract with O2 where it should have been explained to you that there will be an price rise every 12 months inline with RPI as per the T&C's
Yes let's be CRYSTAL CLEAR HERE
Okay so now we know that a change in T&Cs - if not in compliance with GC 9.6 - WILL get you out of your contract (however there have only been 2 rulings to date and I have seen CISAS jump different ways on the same facts before now).

Now let's dispel this nonsense about 23rd January!
Under consumer protection law despite what your contract and Ofcom say there is a good chance that you can have the price rise ruled UNENFORCABLE (you can't cancel your contract, but they can't increases prices) I have won 2 cases against Orange on this basis before and am currently helping an O2 customer with a court case on this very issue - see Money Saving Expert "SayNoTOO2" for details.
YOU CAN get a penalty free cancellation (regardless of contract date) if the company breach their own contract or GC 9.6. The current price rise by EE does - in my opinion - breach GC 9.6 - and you can see why in the template email I have prepared at MSE.

http://forums.moneysavingexpert.com/...4818999&page=4
Post number 80

I make no guarantees that you will win (nobody can - the law just does not work that way), but I can guarantee that you won't win if you don't try!

And by the way the post 23rd Jan O2 contract also probably breaches consumer law!
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Old 07-04-2014, 15:34
RandomCurve
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Have had a look at that most look clueless and clutching at straws
Really?
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Old 07-04-2014, 15:40
daleski75
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It will be interesting to see if anyone wins this time against EE it's nice to know that people have taken on EE and won but this no guarantee that it will work for all consumers if any.

I am happy that myself and my wife left EE a short while ago as we would of both had a nice increase next month on both of our mobile phone contracts.
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