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Hi all, just need some advice.
I've filed a small claim via MCOL against O2 Telefonica on 15/03/2014.
My current claim status is as follows:
How long do O2 have now to respond, is it 28 days as they have filed an acknowledgement of service?
I was also very limited for my particulars of claim due to the amount of lines/characters that were available to me at the time of creating my claim.
Originally, I put the following as the PoC:
My second query is, if the above PoC isn't adequate enough, am I better off sending O2 one directly with a bit more detail than I was able to put above?
My actual reasons for the claim are:
1. The contract, point of sale material, and the salesperson did not make it clear that a price rise would or could occur during the contract.
2. Raising prices in line with the Retail Prices Index causes me material detriment because (a) my own income has not risen by 2.7% and/or (b) in March 2013 the Office for National Statistics said RPI is no longer a national statistic which can be relied upon. The official measure of inflation is the CPI which rose by only 2%.
3. Therefore I am free to leave the contract without penalty under EU law.
4. The cost of certain out-of-bundle texts and calls in O2's recent price rise, as well as international call costs are of material detriment to me.
5. At NO TIME has O2 informed me of any RPI increases by email, text message or by post.
Also, the price rise is unlawful under the Unfair Terms in Consumer Contracts Regulations 1999. This law protects people where a company imposes a term which limits the customer's rights but retains similar rights for the company. So it is free to raise prices but the customer cannot leave without paying a large penalty and is thus trapped into paying the higher price. That seems the essence of a one-sided and therefore unfair term.
By O2's own admission on their own website, it states that "Our advertising has also said 'tariff prices may go up' since January 2013, which wasn't advertised prior to January 2013. As I took out my contract in November 2012 neither mobiles.co.uk nor O2 had informed me of the above.
I have tried to resolve the issue via O2 & the ombudsmen, but to no avail.
Finally, RPI was de-designated by the Office for National Statistics as a recognised national statistic in March 2013. It was replaced with the new measure of inflation, called RPIJ, which uses a different formula, and almost always reflects the CPI. The measure of inflation, which is what is mentioned in clause 5.3 of the relevant T&C's by O2, is the RPIJ, which is at 2.0%. O2 are increasing prices by 2.7% or more than inflation, so to take clause 5.3(a) as reason for terminating, is a valid legal argument and should be upheld...
Thanks.
I've filed a small claim via MCOL against O2 Telefonica on 15/03/2014.
My current claim status is as follows:
You submitted a claim on 15/03/2014 at 23:44:06
Your claim was issued on 17/03/2014
Telefonica UK Ltd issued an acknowledgement of service on 20/03/2014
Your claim was issued on 17/03/2014
Telefonica UK Ltd issued an acknowledgement of service on 20/03/2014
How long do O2 have now to respond, is it 28 days as they have filed an acknowledgement of service?
I was also very limited for my particulars of claim due to the amount of lines/characters that were available to me at the time of creating my claim.
Originally, I put the following as the PoC:
I am claiming the immediate cancellation of my Pay Monthly contract with O2. For the following reasons. The cost of certain out-of-bundle texts and calls in O2's recent price rise, as well as international call costs are of material detriment to me.
When I purchased my O2 contract in November 2012 via mobiles.co.uk, I was at no point informed that there would be future price increases. Also, at NO TIME has O2 informed me of any RPI increases by email, text message or by post.
I wish the immediate cancellation of my contract under OFCOM General Condition 9.6. I also want any defaults placed on my credit record removed immediately. The total costs claimed include the cost of the remainder of my contract, fees and compensation.
When I purchased my O2 contract in November 2012 via mobiles.co.uk, I was at no point informed that there would be future price increases. Also, at NO TIME has O2 informed me of any RPI increases by email, text message or by post.
I wish the immediate cancellation of my contract under OFCOM General Condition 9.6. I also want any defaults placed on my credit record removed immediately. The total costs claimed include the cost of the remainder of my contract, fees and compensation.
My actual reasons for the claim are:
1. The contract, point of sale material, and the salesperson did not make it clear that a price rise would or could occur during the contract.
2. Raising prices in line with the Retail Prices Index causes me material detriment because (a) my own income has not risen by 2.7% and/or (b) in March 2013 the Office for National Statistics said RPI is no longer a national statistic which can be relied upon. The official measure of inflation is the CPI which rose by only 2%.
3. Therefore I am free to leave the contract without penalty under EU law.
4. The cost of certain out-of-bundle texts and calls in O2's recent price rise, as well as international call costs are of material detriment to me.
5. At NO TIME has O2 informed me of any RPI increases by email, text message or by post.
Also, the price rise is unlawful under the Unfair Terms in Consumer Contracts Regulations 1999. This law protects people where a company imposes a term which limits the customer's rights but retains similar rights for the company. So it is free to raise prices but the customer cannot leave without paying a large penalty and is thus trapped into paying the higher price. That seems the essence of a one-sided and therefore unfair term.
By O2's own admission on their own website, it states that "Our advertising has also said 'tariff prices may go up' since January 2013, which wasn't advertised prior to January 2013. As I took out my contract in November 2012 neither mobiles.co.uk nor O2 had informed me of the above.
I have tried to resolve the issue via O2 & the ombudsmen, but to no avail.
Finally, RPI was de-designated by the Office for National Statistics as a recognised national statistic in March 2013. It was replaced with the new measure of inflation, called RPIJ, which uses a different formula, and almost always reflects the CPI. The measure of inflation, which is what is mentioned in clause 5.3 of the relevant T&C's by O2, is the RPIJ, which is at 2.0%. O2 are increasing prices by 2.7% or more than inflation, so to take clause 5.3(a) as reason for terminating, is a valid legal argument and should be upheld...
Thanks.
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