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Mobile Phone Contract - Price Rise Refunds
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Already done, and advised them of a wish to proceed to SCC about it. Also contacted CISAS to tell them of disgust at them forcing payment without a contract.
@Pilotmic, any update on your cases? i've been trying to work out whether you second application got accepted in the end, following the adjudicator stating they thought it was too similar to the previous claim?
Cheers
M0 -
Anyone in the same position as me. I rejected the decision after i was unsuccessful with it what can I do next?
you need to move to this thread and start following the instructions on page 1
- send new email to EE
- If they refer to CISAS then, move to CISAS claim if not chase EE for a full and proper response
thats where we're up to now.
Email EE now, but it might be worth holding off till Monday now before you submit to CISAS as that's when we'll find out if they will accept the new claim or whether we need to revise it slightly.0 -
sunshinerise111 wrote: »Suceeds in part !!!!
Thank You Random Curve, been with Orange / EE for over 20 years, cannot wait to change network.
Decision
1. The claim succeeds in part.
2. I direct that the company shall: cancel the customer’s contract without imposing a cancellation charge, backdating such cancellation to 22nd May 2014, thereby waiving charges (if any) incurred after this date and shall provide the customer with his PAC; and pay the customer compensation in the sum of £25.00.
Random Curve if you require more information, please contact me.
Hi guys & girls,
Accepted the decision on 11/08 & received message with PAC code on 15/08. PAC code expires on 13/09/2014, how long would it take to port my number to 3 network ??
Also, I've NOT received email with referenece to refund of backdating charges & compensation. Do I need to contact EE ??
RC & co THANK YOU !!0 -
sunshinerise111 wrote: »Hi guys & girls,
Accepted the decision on 11/08 & received message with PAC code on 15/08. PAC code expires on 13/09/2014, how long would it take to port my number to 3 network ??
Also, I've NOT received email with referenece to refund of backdating charges & compensation. Do I need to contact EE ??
RC & co THANK YOU !!
You may be in the same boat I'm in!! Unless it specifically states refund of charges then you won't get them!! I thought the same as you but EE asked the adjudicator to clarify and he said no! So I am currently in process of taking it to scc!! Perhaps email ee and ask where your refund is but I bet pound to a penny you will end up in my boat!!! It's getting rather crowded here lol!!
As for the number port as long as you get your request in to 3 before 5pm then it should be next day bear in mind they won't port weekends so if u submit today the earliest it will happen now is Tuesday
Hope that helps
Sorry have just read your previous post! You have been told you will get your charges back after termination!! I can only assume that once you have used your PAC code AND told ee about it then they will be able to work out any refund owed to you!! Perhaps rc or someone more knowledgable can confirm that for you!!0 -
@Random Curve
I'm really late to the party and have submitted my claim relatively late (following my loss of the original T&C's CISAS claim) but still within the limits. CISAS have also been slow.
Anyway, CISAS have just sent me EE's defence. I'm on pre-October 2012 Orange contract. What is the most relevant defence template (from your fightmobileincreases.com website) - would it be the EE Defence Response from 26-6-14 template, or does it only apply to T-Mobile?
Also I would like to ask for advice on how to respond to EE's copy/paste response (below), and how much emphasis to put on it. As you may remember I rejected EE's T&C change but then eventually lost my CISAS claim.
Well, obviously I did give them notice, and they rejected it.
As for para 16 - I think you should very clearly state that you did take a case re T&Cs as it was obvious that EE were trying to give a right o impose a higher increase than they were before - and higher than the UK inflation rate (CPI), and this price rise is the proof of that.0 -
Thanks a ton RC!
Claim succeeded in part for me. This wouldn't have been possible without your help - here is the judgement for you, since you wanted to trial my case as the first one where company had raised the issue about me being too late to dispute the change. Here is the ruling on that particular bit.
"The company states that because the customer did not give notice that he wanted to terminate his contract until 2nd July 2014 any right he may have had to terminate without paying a cancellation fee ‘[FONT=Arial,Arial][FONT=Arial,Arial]has been extinguished……as he would have been required to give notice to terminate...before the charge took effect on 28 May 2014‟ [/FONT][/FONT]I do not agree. The company has not produced any evidence that it informed the customer of his ability to terminate the contract without penalty."
I asked for £216 in total for 2 lines, but was only given £100 as compensation and back dating is for 2nd August onwards - instead of 2nd July onwards. Don't think there is anything more I can/should get since we can't appeal but I think this will help you for helping the community.0 -
rockstarzzz wrote: »Thanks a ton RC!
Claim succeeded in part for me. This wouldn't have been possible without your help - here is the judgement for you, since you wanted to trial my case as the first one where company had raised the issue about me being too late to dispute the change. Here is the ruling on that particular bit.
"The company states that because the customer did not give notice that he wanted to terminate his contract until 2nd July 2014 any right he may have had to terminate without paying a cancellation fee ‘[FONT=Arial,Arial][FONT=Arial,Arial]has been extinguished……as he would have been required to give notice to terminate...before the charge took effect on 28 May 2014‟ [/FONT][/FONT]I do not agree. The company has not produced any evidence that it informed the customer of his ability to terminate the contract without penalty."
I asked for £216 in total for 2 lines, but was only given £100 as compensation and back dating is for 2nd August onwards - instead of 2nd July onwards. Don't think there is anything more I can/should get since we can't appeal but I think this will help you for helping the community.
This is absolutely brilliant news
The adjudicator in this case can see that if that EE have not given the notice in the proper format, then the time limit for action can not be relied upon as a defence by EE.
I have no doubt that Mr Swantee himself would have been informed of this outcome as if the other adjudicators follow suit then by EEs own deceitfulness they would have opened the floodgates for EVERYONE to leave their contracts penalty free!
No doubt Mr S has already contacted the regulator (Ofcom) to see how they will offer EE the protection they have come to expect to protect the industry from the nasty consumer!!!0 -
Finally got my adjudicator so fingers crossed. Mine was quite complicated as EE brought into it that i had already applied under the T&C so as far as they were concerned that was it.
Will keep you updated.0 -
As anyone gone to the SCC on the backdated point yet ( and had an outcome )
In order to show I have explored all options I have complained about the IDRS process (Specifically about the preferential treatment/access given to EE and the effective changing of the decision by their clarification) This has been escalated to Senior Director and then likely to Independent Review.
The funny part is that they can clarify for EE that backdated did not mean necessarily a refund of charges but when I ask for clarification of "What the arbitrator meant by backdated in his original decision" this is treated as questioning the decision
DOUBLE STANDARDS OR WHAT!!!!!
I have also got a complaint going through OFCOM for its failure to oversee the process effectively
Once they are finished ( I dont expect anything to come of them ) I will submit my SCC Claim but wanted to show I explored every opportunity to resolve the matter prior to using the courts0 -
starsailor123uk wrote: »As anyone gone to the SCC on the backdated point yet ( and had an outcome )
In order to show I have explored all options I have complained about the IDRS process (Specifically about the preferential treatment/access given to EE and the effective changing of the decision by their clarification) This has been escalated to Senior Director and then likely to Independent Review.
The funny part is that they can clarify for EE that backdated did not mean necessarily a refund of charges but when I ask for clarification of "What the arbitrator meant by backdated in his original decision" this is treated as questioning the decision
DOUBLE STANDARDS OR WHAT!!!!!
I have also got a complaint going through OFCOM for its failure to oversee the process effectively
Once they are finished ( I dont expect anything to come of them ) I will submit my SCC Claim but wanted to show I explored every opportunity to resolve the matter prior to using the courts
I hope you asked them to explain the difference between a "back dated" cancellation and an "immediate" cancellation - You asked for a backdated termination, the adjudicator gave you a backdated termination, but is now saying it is an immediate termination - i.e. they have changed the decision.0
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