Hit by a mobile price hike? Want to exit without penalty?
After more than 2,000 comments and 38,000 pledges on our Fixed Means Fixed campaign, Ofcom’s launched a consultation on how to tackle price hikes on fixed contracts. We still need your support to get the right result.

If you’re a Which? Convo regular, I’m sure you’re aware of all the mobile phone price rises we’ve had to suffer over the past couple of years.
O2 was the last to jump on the price rise bandwagon, with Vodafone, Orange, T-Mobile and Three Mobile hiking their prices beforehand. It’s a practice that will see their customers collectively paying almost £150m extra per year.
Following our Fixed Means Fixed campaign, Ofcom has now launched a consultation on how to protect you and me from such mid-contract price rises. And mobile phone contracts aren’t the only deals on the table; broadband and landline deals are also included in the consultation.
What does Ofcom’s consultation propose?
Ofcom concludes that its current rules are not operating effectively as they don’t meet our expectations that the price of a contract should be fixed. Instead, these rules are leaving consumers exposed to surprise price rises, without offering the ability to avoid them.
Ofcom’s preferred solution is to let customers leave their contracts without penalty if prices go up. At the moment, you’re locked into your mobile deal if prices rise. But how are you locked in? Because exiting requires you to pay a hefty fee – usually the remaining payments on your contract. And that’s no small change – if you’re not too far into a two-year deal, the remainder of your contract will run well into the hundreds of pounds. How exactly can you vote with your feet if you’re forced to pay a hefty fee to move to another provider?
Ultimately, fixed contracts should be at a fixed price. But if providers don’t want to stick to that, you should be able to say ‘sayonara’ and leave without penalty. That would put the power back in your hands – you’ll have the freedom to switch and take advantage of the best deals.
Help us achieve the right solution
However, Ofcom has also put forward other potential solutions. These include issuing further guidance for mobile providers, ‘opt-ins’ for variable price contracts or even maintaining the status quo – an option I’m sure the providers would welcome with open arms.
At Which? we want to see Ofcom act upon its consultation without delay and make the right decision. Not only should you be able to cancel without charge if prices go up, Ofcom must ensure providers tell you about this right before you sign on the dotted line. No more surprises.
So, that’s what we think about Ofcom’s consultation here at Which?, but we still need your help to achieve the right solution. Ofcom’s consultation lasts 10 weeks, so there’s plenty of time to tell the regulator what you think, either by responding on Ofcom’s website or by commenting below. We’ll feed your comments into the consultation to make sure no views go unheard.
Do you think you should be able to exit your contract without penalty if providers put your prices up mid-contract?
[UPDATE 7 March 2013] – There’s just one week to go before Ofcom closes its consultation into price rises during fixed contracts. Have your say by voting in our poll and watch our new Fixed Means Fixed video:
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Durr
What gets me is that I pay £36 or £37 a month now (can’t remember exactly) for my Three contract, yet I walk past their store the other day and see the same contract for £34 a month. It has the same iphone (though the new iphone 5, not 4s) storage wise and same exact contract.
Patrick Steen
Doesn’t make sense does it.
Durr
I think they charging the existing customers more to cover the 4G auction and to make prices lower for new contracts to suck people in. Then after 6 months or so they whack on a price rise and keep you locked in. It’s got to stop and ofcom need to be firm with this. Thanks to which for getting ofcom to at least take a look.
pmunc6
Hi Patrick,
It has been my pleasure to contribute to this campaign, it is time that consumers were given an opportunity to voice their opinion on these underhanded tactics.
You mention that there is only one day to go, do you think we will get a decision this quickly or will we have to wait until June.
You may have read that I cancelled my contract with O2 and that they sent me a bill to cover the 22 months left on my contract, I have responded advising them that I will reveiw the situation after the decision has been made by Ofcom and will not be making any futher payments until that time. I expect the heavies to call on me sometime soon so fingers crossed for that!
lin lobb
Wonder what the Small Claims Court would make of all this?
Andrew
Wonder if Which would either take this to court or guide anyone brave enough through the small claims court process?
From the Which video, I would have liked to see another option 5: Mobile Providers are just banned from raising their price. If they wanted to increase their income then give their new contractees a contract that is a bit more expensive.
robb
haven’t checked, but there is aparently a warning in the small print of the contract about price variations, which means the courts can do nothing, as it is in the contract. however, i wonder if the monopolies commission may be interested, as it does mean that for 2 years you can’t switch to a competitor, without paying out a load of money.
Billymac10
I completed the OFCOM survey some time ago and found it interesting that one of their questions asked whether OFCOM should provide guidance as to when prices can be increased. It turns out that the existing get out clauses providers have to increase prices (inflation/materiality) were given to providers by OFCOM as earlier guidance. I wasnt aware of this before, as until this happened providers never increased their contract prices (I have had various contracts since 1996). OFCOM seem to have created ths mess themselves…….I hope the next guidance is to let us get out without a charge if prices are increased. I work in Financial Services and in my industry price increases like these mid term would be a major scandal.
Next step for OFCOM is to stop the likes of sky and virgin bundling their services so that if you don’t want a fixed line telephone, the price of their stand alone broaband goes up by nearly the same amount as if you did take a fixed line contract
Steve Porter
I would love it if a fixed contract was actually a fixed contract.
Funny.. at the start the guy who sold me the contract (T-Mobile) assured me it was fixed monthly fee and that there wouldn’t be any price rises. (Lying ********)
Is this the main reason why they tie you in to a 24 month contract… so they can just boost the price half way through and leave you with relatively no choice but to carry on with the contract with the higher price.
It’s awful really. Even though I know it’s not just T-Mobile (it’s the majority), I will not be staying with T-Mobile at the end of my contract, unless they give me a great *FIXED RATE* contract
Stellarbelz
Firstly, I have not received or seen any paperwork from T-Mobile. Secondly, I asked about the £15.50 a month payment and if there would be any changes to it. I was told, the price was fixed for 2 years. All this was concluded over the phone. I have only just become aware that I have contracted into a scheme where I have agreed to pay £15.50 a month for 24 months,and T-Mobile have agreed to accept my payments, provided me with a phone and services but not fully signed up to the same contract as I have.
A contract is a binding agreement between 2 or more, all agreeing to the terms and conditions of that contract. It would be very interesting to see what happens if any of these breached contracts end up in court.
Ofcom needs to define the legal terms of “contract” and quickly decide who is in breach. There are a lot of us out here wanting to know this.
kirsten
I have only been in my new contract with TMobile since mid January and they are already going to increase my ‘fixed’ price.
However I think I have an ‘out’ by reading their own T&Cs. These state you can terminate contract without penalty if increase is more than RPI. Their calculated RPI rate is 3.3%. My monthly charge is £11.00, so max increase would be 36.3p. they are proposing a rise by 40p. Also despite saying the increase is 40p, they are quoting a total new monthly cost of £12.40??. This is a % increase of 12.7%, nearly 4 times RPI.
I I intend to challenge them and would urge everyone to read their T&Cs very carefully.
In the meantime I can’t understand why these contracts have not been challenged in law as totally illegal. No other fixed price contract can be increased i.e mortgages.
william
Google Bank of Ireland tracker and you’ll see that even mortgage companies are at it.
And Re the T&C of your phone contract, don’t forget it was OFCOM that allowed the phone companies to add that clause. OFCOM clearly aren’t working in the interests of the consumer.
kirsten
Just spoken to T-mobile (twice as they cut me off first time – nothing new there!) Apparently I get a discount of £1.00 on my plan so although I pay £11, my plan is for £12. This was news to me! RPI increase is based on price before discount, so their letter says I will pay £12.40, though I will actually pay £11.40. Stillll with me???
I have never had any contract in writing though they were supposed to send it with phone. They tell me I can read it all on My T-mobile. That’s just great as I can’t access the site – it asks for a ten digit phone number and all phone numbers are eleven digits. When I pointed this out, I was offered no help.
I have insisted on a text confirming the actual amount I will be paying and when. I have also insisted they poste the paperwork that should have come with the phone.
I am disgusted with T-mobile, who seem to be near the bottom of the pile as far as Which is concerned and will be leaving them as soon as I can.
Jimbob
Hate to be bearer of bad news but the bank of Ireland trackers were only guaranteed for a couple of years and they kept them for another two or so (I.e letting customers keep them on customer favourable terms and indeed loss making to the bank) before saying they would increase the rate. However to other key difference is that they let customers leave penalty free.
Patrick Steen
Thanks for your comments about T-mobile – looks like lots of you are getting your letters through about their latest price rise. Here’s our post about it. Parent company EE hit by Orange and T-Mobile customers with price rises: http://conversation.which.co.uk/technology/ee-orange-tmobile-price-rise-fix-monthly-plan/
Patrick Steen
Just to let you know, your comments were invaluable to us responding to Ofcom’s consultation. We have now done so! This features some of your comments, and the results of our poll. You can read a summary here: http://conversation.which.co.uk/technology/fixed-means-fixed-mobile-price-rise-ofcom-consultation-response/
Or you can check out the full consultation response PDF here: http://www.which.co.uk/documents/pdf/ofcom-consultation-response—fmf-314953.pdf
Sheridan Williams
If my business worded contracts like this, I would be sued left-right-and-centre.
Bosses at T-mobile, Vodaphone etc should be ashamed of themselves. They have no morals, and are simply money-grabbers!
Sheridan Williams
I have been interviewed on behalf of OFCOM, and every time I remark that they are simply not fit for purpose – a “quango-non-sequitur”. I am over 60 years old, but could make better decisions 20 years ago than these people.
kirsten
I still dont understand why suing these companies isn’t a consideration (perhaps as a class action.) To say that we couldnt due to our having agreed to the contract in the first place is surely a weak arguement.
I have never received, let alone signed a contract despite having asked repeatedly. I only received the generic T&Cs after receiving the phone and only then after asking three times. How can I have agreed to a contract I have never seen.
Besides, what about the laws against unreasonable contract terms?
Ray
I am trying to take on o2. My legal insurance says i have a case against o2 but the amounts involved, 3.2% of my tariff falls below their threshold to take the case. Ofcom are not worth the effort of a call and the ombudsman totally ignored the fact that o2 miss sold the contract to me as at the time of taking the contract i specificly asked the operator if the tariff could be increased in price. I was told 100% no it would not go up. Very disolusioned as ofcon and the ombudsman appear to be aiding and abetting the phone companies to mis sell and do nothing about it
Sam Wardill
This is my problem too. The amount is so small that I am worried a small claims court might regard it as frivolous. I think the class action idea is a good one. Perhaps Which? could facilitate.
Mark
Hi all,
I was wondering if any of you is in a similar situation. I have signed a Full Monty 36 contract with T-Mobile (with a discount of £10). But on their website at that time it has been just advertised as £26 per month till the end of the contract. And when I first I got my bill I though little of it as I only thought it was their way of calculating it. However my new bill hasn’t been based on what I am paying but on the tariff I am. Which means the increase of 1.17 which is 3.2% of £36. Even though this figure is within an inflation comparing it with my current monthly payments of £26 and a new one of £27.17 means effectively an increase of 4.5% which is surely above the rate of inflation.
Any thoughts?
kirsten
Yes Mark see both my comments 7th April. If there’s a may to screw you they’ll find it!
Phill
In january 2012 there was the first rise in the contract of £1 (from £26 to £27), I didn’t think anything of it at the time.
In april 2012 I renewed my contract at the £27 over the phone, then in May 2013 they tell me they are going to increase their fees again, £27.88. I decide to make a stand, they say they cannot reduce it because they have changed their plans and there isn’t one for £27. There was never one for £27, it was the £26 price plan, but I was paying more for it.
I will be leaving t-mobile after 4 years when I get a chance.
pmunc6
As I said in an earlier post, I cancelled my contract as 02 increased my monthly charge after only 1 month into a 24 month contract. They did not make a fuss about the cancellation however, they did bill me for the total cost of the remainder of the contract, almost £800. I responded that I would consider how to proceed after Ofcom had made a decision. They have since passed the supposed debt to a Freidrickson Debt Collectors who are hounding me daily and, to add insult to injury, have added a further £89 to the bill for their charges.
I have just watched the BBC Watchdog programme which reported on this issue and, following the comments of their contracts expert, I have now decided to go to the court with this as I, like so many others, was assured by the O2 salesman that the monthly charge would remain the same for the duration of the contract, by stating this, according to the contract expert on Watchdog, he was actually lying. Surely, in light of this fact, the courts cannot rule in their favour.
Mission completed
This is quite sad to hear. I too considered this option but my situation was a little different in that I’d taken my O2 via a Tesco Phone Shop. Unfortunately for BOTH parties, O2 had supplied Tesco with a much older copy of their T’s and C’s. In this contract, there was no mention of RPI but there was a very clear ‘get-out-of-jail-free’ clause. Took a lot of wrangling and denial on the part of O2 but eventually, they had no choice but to concede and after an apology and suggestion that maybe this might restore a bit of faith for the future, they ended the contract without further charges “I bet you had to give the phone back though” I hear you say. WRONG. Still got my lovely Samsung Galaxy Note II and not a peep from either party. The only time where you may have to return your phone would be if you had simply changed you mind and were using a cooling-off period but in my case, Tesco supplied the phone and not only do Tesco not offer a cooling-off, even if they had, it would have passed weeks ago. As the reason for ending the contract was because my contract had changed ‘To my disadvantage’ both monetary and contractually, under this situation, I may leave without penalty. Also, they had breached the contract in a number of ways, not least, failing to notify me of changes, and significant changes to my contract. Biggest one was the thing that everybody is complaining about now, all this RPI stuff.
As you can imagine, O2 hated this and for the most part, remained in denial while a few, point blank, refused to honour the contract but still felt it was ok to hold me to the parts in their favour along with parts that weren’t even in my contract.
One of the funniest episodes was when and agent came out with the following attack:
“MR B*******D! DO YOU KNOW HOW BIG O2 ACTUALLY IS?”
“Quite big I’d imagine” I replied
“O2 IS A VERY BIG COMPANY!! DO YOU REALLY THINK O2 WOULD WRITE A CONTRACT WITH THE SORT WORDING YOU ARE TELLING ME ABOUT NOW!?!?
I MEAN, EVERYBODY WOULD BE LEAVING”
“Hopefully
” I replied
Given the contract I was staring at, this was so comical but the end result is they were in fact forced to let me go.
It’s sad, you shouldn’t have to fight like this but many will accept what O2 tells them, even if it is a pack of lies. According to O2 my situation is unique because they claim that I’m the only one who ever got this contract but the true fact is that they continued using that same contract months after my original complaint and it was with just weeks of my final resolution that they finally changed it.
I posed as an O2 customer with the same issue and they totally rejected the contract in addition to advising me that O2 has never let anyone leave without penalty. After an extended and heated discussion, I asked “what about that guy who keeps posting on the Which convo? he had the same contract as me?”
“That was different and I cannot discuss it and talk about their contract for legal reasons!!”
I wonder just how many times they’ve used that line?
Word of note for anybody who is with Giffgaff; If you’ve ever had the pleasure of trying to sort a problem, such as missing minutes maybe, ever wondered why they sound just like O2?
Check out their registered address:
giffgaff Limited, registered in England and Wales, registered office address: 260 Bath Road, Slough, Berkshire SL1 4DX, UK (company number 4196996)
Look familiar? This is for all those that still believe Giffgaff simply uses O2′s network. Giffaff was setup by O2 but trying calling that office address and asking for them.
Still not convinced? Do a search on Companies House for Giffgaff’s company number 4196996, it’s quite enlightening