Tmobile price increase

psilvester

Wow well done guys. I need to resubmit my claim as CISAS disagreed with me being at deadlock. Do you have a reference number I could use in my submission?

d123

Mav1874 wrote: »

What T&C's was your case based on? Pre or Post?

Mine was pre-October.

I kept my response to the T-Mobile defence very brief, it was only about 3/4s of a page long and centred on the immediate cancellation allowed under 7.2.3.3 and the fact the contract was terminated on the 7th and therefore the factors and events that happened after were immaterial and the adjudicator agreed with me.

shedder101

anna2007 wrote: »

Me too d123 - woop-woop!! :j

Both contracts (one post-Oct & one pre-Oct) to be cancelled, backdated to 6 April
Any and all charges since this date to be refunded
Full £200 compensation claimed to be paid
Oh, and a written apology from a TM representative (what are the chances that this will come from Mr Swantee :wave: himself?)

What a fantastic feeling, to be reassured that these companies are not above the law, and that they can't treat their customers with such contempt and expect to get away with it!

Bye-Bye Mr Swantee - I will NEVER pay money over to your company again.

Fantastic news well done

d123

daveuk1 wrote: »

Congrats. Out of interest, did CISAS provide their reasoning behind the decision or just the decision itself?

4 page judgement, very well written and easily understandable.

I'll check for disclaimers, and if there aren't any, I'll copy some over later.

Anyone going forward must concentrate on a simple response, it's all about the immediate cancellation on the date of notification and the fact the RPI was 3.2% on that date..

daveuk1

d123 wrote: »

4 page judgement, very well written and easily understandable.

I'll check for disclaimers, and if there aren't any, I'll copy some over later.

Anyone going forward must concentrate on a simple response, it's all about the immediate cancellation on the date of notification and the fact the RPI was 3.2% on that date..

Cool. I'm thinking it'll be interesting to see whether there's anything in there that people will be able to use to cancel retrospectively although, from what you say, I suspect not.

Lifes_Grand_Plan

d123 wrote: »

4 page judgement, very well written and easily understandable.

I'll check for disclaimers, and if there aren't any, I'll copy some over later.

Anyone going forward must concentrate on a simple response, it's all about the immediate cancellation on the date of notification and the fact the RPI was 3.2% on that date..

Cheers d123, would be great to see that.

also interesting to find out if anna's adjudication it's the same or takes a different angle.

anna2007

daveuk1 wrote: »

Cool. I'm thinking it'll be interesting to see whether there's anything in there that people will be able to use to cancel retrospectively although, from what you say, I suspect not.

The contract requires the customer to give notice to cancel before the price change comes into effect - if you haven't done this, I can't see CISAS or TM agreeing to retrospective cancellations (although worth a try!).

I think the only way this might happen is if Ofcom were to intervene - highly unlikely - but I've emailed them details of my CISAS decision, copied to the media, and requested that they now take action (not only for customers who gave notice to cancel, but also for the remainder who were unaware/ unsure of their cancellation rights).

Chimper

anna2007 wrote: »

The contract requires the customer to give notice to cancel before the price change comes into effect - if you haven't done this, I can't see CISAS or TM agreeing to retrospective cancellations (although worth a try!).

I think the only way this might happen is if Ofcom were to intervene - highly unlikely - but I've emailed them details of my CISAS decision, copied to the media, and requested that they now take action (not only for customers who gave notice to cancel, but also for the remainder who were unaware/ unsure of their cancellation rights).

I think Ofcom should now intervene. It's impossible to say how many customers have been put off complaining by T-Mobile's obstructive attitude. It will be interesting to hear if CISAS has commented on this.

anna2007

Lifes_Grand_Plan wrote: »

Cheers d123, would be great to see that.

also interesting to find out if anna's adjudication it's the same or takes a different angle.

I went into a LOT of detail (too much!) in my application and comments on TM's defence - remember TM offered no defence in my case re: the RPI rate/breach of contract, and only referred to the business decision. I'm not sure if CISAS would rule differently based on TM's more detailed defence that they're now submitting, but I wouldn't have thought this will change the outcome for other cases - either the terms refer to the current/most recent RPI or they don't.

I think TM have done a sterling job of clouding this whole issue (to their own advantage), and would agree with d123 that the adjudicator's findings are well written and easy to understand.

d123 - did TM refer to the March RPI rate in the defence they made against your case?

anna2007

Chimper wrote: »

I think Ofcom should now intervene. It's impossible to say how many customers have been put off complaining by T-Mobile's obstructive attitude. It will be interesting to hear if CISAS has commented on this.

Hopefully the media will finally take an interest (now that the breach of contract is no longer 'alleged'!), and put pressure on Ofcom to do something about it.

You're right, many customers might have given up due to TM's behaviour and refusals to go to deadlock, but the 8 week wait will now be over for those who complained at the start, and hopefully today's news will spur people on to take their complaint to CISAS