25-02-2018 12:23 PM
When you take a contract with a company there is very little you can change as a consumer, about the only thing you can negotiate is the price
What a company would like you to pay is not what you as a consumer are prepared to pay, so you negotiate a price that is fair to both. That is the price the RPI increase should be based on, the negotiated actual agreed amount you pay.
The wording clearly states that the RPI INCREASE will apply to the
the amount that You pay each month in advance for Your Price Plan Service
As I have said, in the current contract it is not clear.
If it is clear, please as has been asked many times, show where it says the RPI should be applied to the price before discount?
25-02-2018 12:47 PM
Consumer rights act 2015
SCHEDULE 2 Consumer contract terms which may be regarded as unfair
PART 1 List of terms:
14. A term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound.
15. A term which has the object or effect of permitting a trader to increase the price of goods, digital content or services without giving the consumer the right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded.
Part 2 , Scope of part one. Price index clauses:
25. Paragraphs 14 (determination of price after consumer bound) and 15 (increase in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly described.
'Explicitly described', that is the key phrase.
EE have said an RPI increase will apply, but have not 'explicitly described' to what, is it before or after discount, they have just said 'the price you pay'.
25-02-2018 04:42 PM
These pictures are from the EE website, as can be seen, the price is £17 reduced from £20. The second picture when you press 'buy now' shows £17 and an asterisk, and it clearly says the monthly price plan charge will increase by RPI, so £17+RPI right?
26-02-2018 01:28 AM
I'm affected by this discount nonsense too. I asked EE to listen to the calls where I renewed my contract and where the main T&Cs were explained, but it turns out they've deleted the call (let's not speculate why they only keep calls for 3 months)!
I've now got the deadlock letter, and have set up a case with the ombudsman. Will post back here when they reply.
If that goes nowhere, I'm going to consider the County Court route (though, that might rely on facts specific to my case, and also, what the ombudsman says). It would be interesting to see what EE does then, whether they'd risk a court ruling going against them.
A bit dramatic for maybe 5 quid? Maybe I should get a proper hobby!
26-02-2018 07:07 AM - edited 26-02-2018 07:08 AM
If the amount you are expecting back is a fiver, a court claim will end up with you losing out.
Theres a fee that you must pay, outside of costs that is paid by whoever loses.
26-02-2018 07:36 AM
@ppop The RPI will be on the £17 as that is as a reduced price for that tariff. What we are discussing here is if you receive a discount from EE not a reduced tariff price as this is.
26-02-2018 01:11 PM
So it could be:
1) £20/month reduced to £17 and the rpi is on the £17.
2) £20/month reduced to £17 and the rpi is on the £20.
When you press 'buy it now' you have no idea which it is.
26-02-2018 01:19 PM
@ppop. If you take this plan now the increase is already on it.
18-06-2018 04:31 PM
I suspect the investigation by OFCOM in to EE and their ETC's may have an impact on how the RPI increase is applied, as its looking like the ETC can only be applied to the discounted price, what a customer actually pays.
by Jneux 30-12-2017
by Gnomeface 23-12-2019