EE/Orange/T-Mobile - Reclaim ALL price rises AND cancel contract re T&C change - 2

Ofcom have explained that due to the fact CISAS had "made a decision" Ofcom are now powerless to do anything. So two things need to happen
1 -We need to send Ofcom details of where CISAS have not followed PROCESS - See post #145, and
2 - We need to escalate complaints to CEDR (CISAS "holding company").

If you have had a case accepted, and then Withdrawn by CISAS under rule 2b please follow the emails at posts #146. #147 and #148, however in order to help expedite the process also send the email below IMMEDIATELY:


Send to:
[EMAIL="GMassie@cedr.com"]GMassie@cedr.com[/EMAIL]

Cc:
[EMAIL="Lynn.Parker@ofcom.org,"][EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org[/EMAIL][/EMAIL].uk
[EMAIL="Complaints@idrs.ltd.uk"]Complaints@idrs.ltd.uk[/EMAIL]
[EMAIL="cisas@idrs.ltd.uk"]cisas@idrs.ltd.uk[/EMAIL]

[EMAIL="Edwin.lane@bbc.co.uk"]Edwin.lane@bbc.co.uk[/EMAIL]
[EMAIL="joel.taylor@ukmetro.co.uk"]joel.taylor@ukmetro.co.uk[/EMAIL]
[EMAIL="your.problems@observer.co.uk"]your.problems@observer.co.uk[/EMAIL]

Optional:
[EMAIL="Info@Fightmobileincreases.com"]Info@Fightmobileincreases.com[/EMAIL]


Re: CISAS Breach Scheme Rules - Independence now Questionable.


Dear Mr Massie

This is to advise that I have begun the process of a formal complaint against CISAS for not following its published rules. I believe this indiscretion may have damaged CISAS’s independence thereby making it unfit to continue to be an ADR under the Communication Act 2003.

I have written to you directly as I know you are currently reviewing similar cases from other consumers and thought it important that you were aware that this is not an isolated incident. This will of course escalate formally to you in due course.

Brief details of the Incident:

• CISAS accepted a case from me regarding the enforceability of EEs/Orange/T-Mobiles OLD price variation clause, AND a claim that the change in Terms and Conditions imposed by EE on 26th March gives rise to my right to a penalty free cancellation.
  1. CISAS accepted the case as they submitted a copy to EE – Rule 4.1a – “When CISAS accepts a valid claim it will submit a copy electronically to the company”.
• I had previously taken a case to CISAS in regards to EEs NEW price variation clause.

Once CISAS have accepted a case the published process is that:

• EE have a right to submit a defence within 10 days
• I then have a right to respond to EEs defence within 5 days.
• An adjudicator is appointed
• The adjudicator makes their decision – including (if EE have pleaded) if the case falls within CISAS remit or not.
  • As per rule 2e – “The adjudicator alone has the power to determine whether or not the dispute falls within the scope of the Scheme”.

What CISAS have done on this occasion is entered into secret negotiations with EE and concluded that my new claim is the same as the old claim and invoked rule 2b to withdraw my claim. The term SECRET is appropriate as CISAS did not inform me until after EEs 10 day deadline had passed that they were in negation with EE and have refused pass details of the communications between EE and CISAS to me as an OPEN and INDEPENDENT process would require- and as per CISAS rule 4.3a “When CISAS receives the company’s response it will send a copy of it to the customer.”


Had due process been followed I would have pointed out the clear differences between the two claims and believe a fair and independent adjudicator would have accepted the case and then judged on the substantive arguments of the claim on their merits.


Regards

See Posts #204 to #208 for the response to send to CISAS to EEs defence document

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