The Director General of Fair Trading

Template Letter

The Director General of Fair Trading

The Office of Fair Trading

Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX.

[date]

Dear Sir,

RE: Complaint under §10 of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) and Part 8 of the Enterprise Act 2002 in the matter of T-Mobile UK Ltd trading as T-Mobile.

I am a consumer and write to complain of unfair contract terms in my pay monthly telephone contract with T-Mobile.

T-Mobile has unilaterally increased its international call and roaming chargesoutside the EU— in some cases from 50p to £1.20, an increase of 140%,to take effect from 26 October 2009.

T-Mobile has denied me a right to cancel without penalty in response under its contract terms.[1]This is unfair and of Material Detriment to me.[2] Ofcom hassaid it is unfair itsGuidance[3] on the UTCCR, see §12.4: Any kind of variation clause may in principle be fair if consumers arefree to escape its effects by ending the contract. To be genuinely freeto cancel, they must not be left worse off for having entered thecontract, whether by experiencing financial loss (for example, forfeitureof a prepayment) or serious inconvenience, or any other adverseconsequences.”

It also breachesOfcom’s General Conditions of Entitlement under the General Authorisation, Condition 9 and 9.3[4] –which binds T-Mobile.[5]

T-Mobile seeks to punish me for the EU Roaming Regulation and the reduction in EU roaming prices and its increasesare an unfair ‘waterbedding’ practice targeting captured consumers.

These unfair terms render the price too high in relation to the price agreed to the detriment of all T-Mobile consumers similarly affected and to my Material Detriment.

T-Mobile’s conduct offends §(i)-(l)[6] inclusive of Schedule 2 and §5 of the UTCCR. It is a domestic infringement in terms of 211 of Part 8 of the Enterprise Act 2002 which harms the collective interests of consumers in the UK. I also refer to the Unfair Contract Terms Act of 1977 and the Consumer Protection from Unfair Trading Regulations 2008—which are also engaged by these unfair terms.

Please treat this as a request that you exercise your statutory duty to consider this complaint under the legislation and regulations above. I request you seek an injunction against T-Mobile to restrain their use of these unfair terms. Please provide to me your written reasons for your decision in relation to such an injunction.

Thank you.

Yours sincerely,

[1]The full terms are at

[2]The right to cancel is limited to changes to prices of inclusive bundles only and standard Terms only See §7.2.3 and the definition of Agreement.

[3] §12.2: “Any purely discretionary right to set or vary a price after the consumer has become bound to pay is obviously objectionable.... It also applies to rights to increase payments under continuing contracts where consumers are 'captive' – that is, they have no penalty-free right to cancel..... §12.3.. such a clause is particularly open to abuse, because consumers can have no reasonable certainty that the increases imposed on them actually match net cost increases.

[4]

[5]“9.3 Where the Communications Provider intends to modify a condition in a contract with a Consumer which is likely to be of material detriment to the Consumer, the Communications Provider shall: (a) provide the Consumer with at least one month‘s notice of its intention detailing the proposed modification; and (b) inform the Consumer of the ability to terminate the contract without penalty if the proposed modification is not acceptable to the Consumer.”

[6] See “(i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract; (j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract; ..(l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;..”