EE/Orange/T-Mobile - Reclaim ALL price rises AND cancel contract re T&C change - 2
Comments
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A little more research, for anyone wanting to chase CISAS for a detailed reason as to why the claim wasn't accepted.
http://stakeholders.ofcom.org.uk/binaries/consultations/adr-review-12/summary/ADR_review.pdf
Page 13 - transparency also RC, take a look at page 25 para 4.62 given very high number of claims ruled in favour of cancelling for both price rise and T&C's assuming the preferred option went through, ALL of those claims that got rejected could be overturned by OFCOM? we would just need to try and get all the people who failed the claim to resubmit on mass to OFCOM?
it'd take some work getting everyone together but it would be worth it.0 -
Dear all,
Hi! Just to give you all a quick update. I have just phoned MCC and it seems that EE did submit their defence one day late however as my comments to the defence are already registered, that's no way for me to file a request for judgement to the court now.
I also just rang the court and to be honest I think the customer service there was quite a disappointment. I said to him that I am the claimant, I have preliminary hearing around mid October, and would like to know whether I can write a letter to the court asking the judge to make a decision on the case in my absence, if I really cannot be there at the scheduled date. And the person I spoke to was like really annoyed/angry (although I do not really know why) and said yes and then kept asking me "are you the claimant? what date again you have the hearing? You did not want to come hah! I am not in the position to answer blahblah" And he hung up phone so quick that I did not even have time to respond. This happened on Friday too when I called the court and asked what I should do if I cannot go to the hearing at the scheduled date was told to fill out the n244 form. I have to say overall that the quality of the service received is quite unexpected.
I think I will go the hearing anyway as like what g6jns've had said, it is very likely that I would be at serious disadvantage if I don't attend the hearing and I donot want that to happen as I think my case is very strong.
Thanks for all the help!!0 -
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Since this point still haven't heard anything from CISAS. Emailed again.
I recon they closed the case immediately and so its pushed to the back, maybe should reopen another..
Id recommend phoning them up and also emailing them copying in Lynn Parker.
Just complain saying that further to email of x date you were provided with a copy of the email from eE referring you to CISAS, I am also aware that CISAS have been informed by OFCOM that such emails are to be deemed a dead lock letter equivalent, as EE consistently refuse to provide Deadlock letters.
Regards0 -
Bad news, but inevitable. I've received the following email from CISAS:
Further to our previous correspondence in relation to your application to CISAS, we write to advise that we are unable to accept your application.
!!
In accordance with Rule 2 b) of the CISAS Rules, the scheme cannot be used to settle disputes that are the subject of a previous valid application made under the Scheme.
You still have the option of taking your matter to court.! Should you choose to pursue this course of action we suggest that you take independent legal advice from a solicitor or your local Citizen’s Advice.
Accordingly, we are withdrawing your case. We regret that we are unable to be of further assistance.
Any suggestions as to what my next course of action should be?0 -
Welcome to the club, RC had an email a few pages back you need to send to cisas and OFCOM them more that complain the more likely it is to be reinstated.0
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Bad news, but inevitable. I've received the following email from CISAS:
Further to our previous correspondence in relation to your application to CISAS, we write to advise that we are unable to accept your application.
!!
In accordance with Rule 2 b) of the CISAS Rules, the scheme cannot be used to settle disputes that are the subject of a previous valid application made under the Scheme.
You still have the option of taking your matter to court.! Should you choose to pursue this course of action we suggest that you take independent legal advice from a solicitor or your local Citizen’s Advice.
Accordingly, we are withdrawing your case. We regret that we are unable to be of further assistance.
Any suggestions as to what my next course of action should be?
Posts #58 or #59 or #87 depending on which you feel is appropriate.0 -
It is amazing how much information u is out there that Ofcom ignore!A little more research, for anyone wanting to chase CISAS for a detailed reason as to why the claim wasn't accepted.
http://stakeholders.ofcom.org.uk/binaries/consultations/adr-review-12/summary/ADR_review.pdf
Page 13 - transparency also RC, take a look at page 25 para 4.62 given very high number of claims ruled in favour of cancelling for both price rise and T&C's assuming the preferred option went through, ALL of those claims that got rejected could be overturned by OFCOM? we would just need to try and get all the people who failed the claim to resubmit on mass to OFCOM?
it'd take some work getting everyone together but it would be worth it.
Not sure those who lost going on mas to Ofcom will do any good because Ofcom refuse to believe that EE have done any ting wrong!
For those who have not followed from the beginning Ofcom's initial reaction to the change in T&Cs was that it does:
"...not purport to give EE the right to increases prices by more than was previously allow..."
Once we disproved that and asked Ofcom to explain how it reached the conclusion above the only response we can get is "EEs new T&Cs are compliant with Ofcom guidelines" (or words to that effect)!0 -
RandomCurve wrote: »It is amazing how much information u is out there that Ofcom ignore!
Not sure those who lost going on mas to Ofcom will do any good because Ofcom refuse to believe that EE have done any ting wrong!
For those who have not followed from the beginning Ofcom's initial reaction to the change in T&Cs was that it does:
"...not purport to give EE the right to increases prices by more than was previously allow..."
Once we disproved that and asked Ofcom to explain how it reached the conclusion above the only response we can get is "EEs new T&Cs are compliant with Ofcom guidelines" (or words to that effect)!
I've got a hotline (sic) into the FOI team now i think... it's interesting that CISAS and OS:C were re approved to continue as an ADR providers on the basis they accepted and implement 'the Principle' OS:C seem to have done that to the letter, CISAS completely ignored it. one bit is that they needed to publish the principle on the website, they haven't.
technically on that basis alone, CISAS have broken the terms of they ADR approval but to list a few more I've had to take this from OS:C website but it applies to CISAS
Decision guidelines
In achieving a fair and reasonable outcome for both parties, Ombudsman Services will:
Demonstrate that we have treated the company and the consumer fairly so that neither is unduly disadvantaged. - No they spoke to EE through an undisclosed objection policy
Remain objective and promote neither the position of the consumer nor that of the company. No through speaking with EE they promoted the position
Consider the evidence presented by the parties, the specific circumstances, and other information directly relevant to the dispute and whether to request further information from either party. No EE failed to submit evidence but CISAS still reversed a decision
Recognise that both parties must, where it is in their possession, provide evidence relevant to the matters in dispute. No EE failed to submit evidence but CISAS still reversed a decision
Give equal consideration to the word of the consumer and the word of the company. No no No we've been ignored completely
Be mindful of, but not bound by, past rulings in similar cases.
Where appropriate take account of, but not rely on, the usual behaviour or practices of either the company or consumer. Yes if inconsistency classes as not being bound otherwise No
Have regard to the relevant regulations, law and terms and conditions. No if they had regard they would be consistent in their decision
Ensure that the outcome will be based on the balance of probabilities in the absence of conclusive evidence and give full reasons for any decision. No unless the balance of probabilities weighs more towards the CP
rant over0 -
After chasing it up got a response:Thank you for your email. Please accept our apologies for the oversight. I confirm your application has been processed and a letter will follow in a separate cover to confirm this.
Then followed up with another email with a pdf response letter, which says:We acknowledge receipt of an application for adjudication by the customer, a copy of which
is attached for the attention of the company.
Please note that any further documents submitted after this date may lead to your
application being restarted in order to give the company time to consider them.
In accordance with the rules of the scheme, the company is now required to submit their
response to the claim, which should be returned to us within 10 working days of receipt of
this letter, that is, on or before 14/10/2014. The company should list all papers being
submitted, and where possible submit their response by email. A copy of any defence to
your case received from the company will be sent to you and you will be given the
opportunity (5 working days) to make any comments about it which you wish to make.
Please be advised that the company may contact you in order to negotiate a settlement of
your claim. If they do that but no agreed settlement is reached they must still submit their
defence to your claim by the due date above.
The company may decide to settle your claim in full, ie to give you everything you are
claiming in your application. Under these circumstances the company will notify us and we
will write to tell you. We will close our file at that time because the adjudicator has no power
to award any more than is claimed.
We will contact you again in due course.
So, good so far?0
This discussion has been closed.
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