Variations to your agreement

[Gary83]

I recently received a letter from 3 regarding my Mobile Broadband in which I was informed of two changes in the monthly price. The first change was due to VAT increasing from 17.5% to 20% and the second increase was due to inflation as measured by RPI.

The terms and conditions can be found here:

http://www.three.co.u...ent_aid=1220457053001

Am I right in saying that a change due to RPI is considered a detrimental increase?

[factor-fiction]

I have quickly looked through the T&Cs and can't see a reference to Detrimental Increase . Which section is it in?

[ABerrant]

Section 4.1 infers that an increase greater than RPI would be a detrimental change.

[Gary83]

ABerrant: Are you sure? the only reference I see to RPI is that they must send you notification of an increase that is higher than RPI.

You can end the agreement for such
variations as explained in Section 10.
Subject to the above, you will not be
able to end the agreement if such
variation or increase:
(i) is due to changes to the law,
government regulation or licence
which affect us; or
(ii) relates solely to Additional
Services; or
(iii) relates solely to Add-on(s)
21
(if applicable to you). In such
circumstances you will not be able
to end your agreement but you will
be able to cancel the Add-on(s) by
giving us 30 days’ written notice; and
(c) if you carry on using Three
Services after the variation
commences, you will be deemed to
have accepted the variation.

Aren't these the only situations in which you can't cancel when there is a variation?

As far as I know inflation isn't a law/reuglation or license.

[ABerrant]

You did not quote the relevant part of that section...

"We may vary any of the terms of your agreement, including our Packages, on the following basis:
(a) any updated Packages and new terms will be available on our website and on request to Three Customer Services;
(b) we will let you know at least one month in advance if we decide to:
(i) discontinue your Package; or
(ii) make any variations to your agreement which are likely to be of detriment to you; or
(iii) increase the fixed periodic charges for your Package (if applicable) by an amount which is more than the percentage increase in the Retail Prices Index Figure (or any future equivalent) in any twelve month period.

You can end the agreement for such variations as explained in Section 10."


The wording is such that you may end the agreement because of:
b(ii) detriment
or
b(iii) increase greater than RPI

The language indicates that they believe an increase in line with RPI (or lower) is not detrimental.

[Gary83]

"We may vary the terms" is not the same as "You must accept the varied terms".

By your logic this wouldn't be any different to the variation due to RPI:
"(ii) make any variations to your agreement which are likely to be of detriment to you; or"

They are refered to in the same context as RPI changes.

[ABerrant]

"We may vary the terms...
...
...
...you can end the agreement for such variations"

I never argued that you must accept them, however the 3 terms they list which enables you to end the agreement within the month notice period are:
i discontinue package
ii detrimental change
iii greater than RPI increase

If you do not cancel within the notice period you are deemed to have accepted the change.

Why do you believe 3 keeping up with inflation (the first increase in 3 years) is detrimental?

[Gary83]

"Why do you believe 3 keeping up with inflation (the first increase in 3 years) is detrimental? "

Because I don't see any statement to the contrary in the t&c.

Can you please point out which statement qualifies RPI as a non-detrimental increase, the only reference I see to it is in regard to informing a customer of a variation in agreement. There is nothing that defines the increase as non-detrimental.