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Loads of threads over this but the salient points are
1 Ofcom rules apply from 23rd Jan 2014 and allow for price rises http://consumers.ofcom.org.uk/2014/01/checklist-when-taking-out-a-new-phone-or-broadband-contract/ This line beyond what you agreed to at the point of sale
2 O2 issued new T&C that apply from 23rd Jan 2014 that meet the guidelines above. http://www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement
3 On contracts prior to the giudline implementation date 23rd Jan 2014 the relevant T&C have it covered. the links below should confirm it. I.e. o2 can put it up by RPI.
Complainimg to o2 or ofcom will not exclude you from the rpi rises and in all the T&C o2 have the get out clause if above stated rpi.
These are the facts and however harsh you feel it only Ofcom are to blame and o2 have used the guidelines as implimented
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The full pdf of the guidance goes into more depth remember o2 now use the word will and not maybe in the new t&c and it is teh most prominet part of the t&c intro http://stakeholders.ofcom.org.uk/binaries/consultations/gc9/statement/guidance.pdf
A1.14 These examples of the application of this guidance are for illustrative purposes:
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Example 1: discretionary price increases
The subscriber agrees and enters into a 24-month contract for services on terms that the core subscription price will be £10 per month. The contract also contains a term to the effect that the CP may increase the agreed core subscription price
8 by up to a certain amount, percentage or index-linked level (such as RPI).9 Ofcom is likely to treat any exercise of the discretion to increase this agreed price during the fixed minimum term of the contract as a modification meeting GC9.6’s material detriment requirement.
Ofcom’s concern is with the application of price and price variation terms which give the CP discretion as to, for example, the possibility, amount and/or timing of a price
4
increase. We are likely to take a similar approach to that above to the application of contract terms that reserve such discretion and/or are to the same or similar effects as those in example 1.
•
Example 2: agreed prices
The subscriber agrees and enters into a 24-month contract on terms that the core subscription price will be £X per month for the first 12-months (or some other period) and £X + £Y (or £X + Y%) for the second 12-months (or some other period). On the basis that the relevant price terms are sufficiently prominent and transparent that the subscriber can properly be said to have agreed on an informed basis, at the point of sale, to the relevant tiered price(s), Ofcom would not regard the application of the agreed price in the second period as a modification of the contract capable of meeting GC9.6's material detriment requirement.
•
Example 3: agreed prices
The subscriber agrees and enters into a 24-month contract on terms that the agreed core subscription price will be £X per month for the first 12-months (or some other period) and £X + RPI
10 for the second 12-months (or some other period). On the basis that the relevant price terms are sufficiently prominent and transparent that the subscriber can properly be said to have agreed on an informed basis, at the point of sale, to the relevant tiered price(s), Ofcom would not regard the application of the agreed price in the second period as a modification of the contract capable of meeting GC9.6's material detriment requirement.
A1.15 As set out above, the position in examples 2 and 3 depends on the relevant price terms being sufficiently prominent and transparent that the subscriber can properly be said to have agreed on an informed basis, at the point of sale, to the relevant tiered price(s). Where that is so, the application of the agreed price(s) at the relevant time(s) would not be a modification of the amount he or she has agreed and is bound to pay. Most clearly, this proviso as to prominence and transparency could be met where CPs market offers, and enter into contract terms, in a way that sets out with equal prominence that the contract price is £X in period 1 and £Y in period 2 (or some other periods).
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