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Tmobile price increase

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  • anna2007
    anna2007 Posts: 1,182 Forumite
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    daveuk1 wrote: »
    To repeat one final time the point I have made previously, I think (and happily this is immaterial as I am not adjudicating) that the terms are clear. Specifically, "the month before the month in which we have you notice" is, in this case, March, as surely as night follows day. I grant you that T-Mobile caused confusion by sending out notice before the relevant RPI was known, which is staggeringly incompetent. But it doesn't, in my view, render the contract terms themselves ambiguous, albeit that this is a distinction people here don't seem to like and neither did it bother the adjudicator. That's fine, it's just my opinion.

    What happened last year is an irrelevance. It has no bearing on whether TM are in breach this year.
    I don't think anyone disputes that March is the relevant month; the question has always been whether it's the published rate for March, or the actual rate.

    Common sense dictates that it is the published rate that is relevant - thankfully, the adjudicators agree :)

    Sorry, I keep adding smilies to the end of my posts, I've been in a very good mood since yesterday :D
  • scooby9858
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    well done in getting a result lets hope their are plenty more.tmobile have refused me a deadlock letter does my eight week wait to go to cisas start from when i first tried to cancel or from the date they refused the deadlock letter.thanks
  • d123
    d123 Posts: 8,633 Forumite
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    scooby9858 wrote: »
    well done in getting a result lets hope their are plenty more.tmobile have refused me a deadlock letter does my eight week wait to go to cisas start from when i first tried to cancel or from the date they refused the deadlock letter.thanks

    You should should probably read through the FAQ pages at CISAS, those sort of questions are well covered.

    http://www.cisas.org.uk/FrequentlyAskedQuestions-11_e.html#faq6
    Do the eight weeks start from when I tell them I have a problem or when I formally complain?

    The eight weeks run from the date you complain to the company, this can be verbal or in writing, although it may be better for you if you complain in writing as you then have a record of having made the complaint, as not all companies may keep records of telephone calls. “In writing” includes by email.
    ====
  • ruflonger
    ruflonger Posts: 101 Forumite
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    Well done guys on getting a positive decision from CICAS. :T :beer:

    Thank you for your help with this process.

    I do have a couple of questions if you are able to answer them.

    Have they told you what happens next, are EE supposed to contact you or are you supposed to contact EE to get the PAC codes etc? Can EE appeal ?
  • d123
    d123 Posts: 8,633 Forumite
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    ruflonger wrote: »

    Have they told you what happens next, are EE supposed to contact you or are you supposed to contact EE to get the PAC codes etc? Can EE appeal ?

    I've just had a reply to my acceptance of the adjudication from CISAS.
    The parties must now act in accordance with the adjudicator’s decision within a maximum of four weeks of the date of receipt of this letter, which is on or before 16/07/2013.

    THE COMPANY MUST NOTIFY US THAT THEY HAVE COMPLIED WITH THE ADJUDICATOR’S DECISION.

    We would like to hear from you should the Company not have been complied with the Decision by the date above. As the adjudicator’s decision has been accepted, it is binding on the company.

    There is no appeal process for the company for CISAS adjudication decisions.
    ====
  • anna2007
    anna2007 Posts: 1,182 Forumite
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    ruflonger wrote: »
    Well done guys on getting a positive decision from CICAS. :T :beer:

    Thank you for your help with this process.

    I do have a couple of questions if you are able to answer them.

    Have they told you what happens next, are EE supposed to contact you or are you supposed to contact EE to get the PAC codes etc? Can EE appeal ?
    When you receive the decision, there's a covering letter to say you have 6 weeks to either accept or reject it. If you accept, TM has 4 weeks to comply (as per d123's post above), and if you reject, you're then free to take the matter to court.

    I haven't requested PAC codes at any stage, so when I email CISAS to accept the decision, I'm going to request that TM provides confirmation in their letter of apology that PAC and unlock codes will be provided, and that no mobile phone relating to my two contracts will be blocked by TM (thanks to Random Curve for this advice).
  • NittyGritty
    NittyGritty Posts: 940 Forumite
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    well sent my defence off on monday, and got this back today. i guess its sit back and wait, not expecting anything but be nice surprise if i win.



    18 June 2013
    [FONT=Arial,Arial][FONT=Arial,Arial]

    [/FONT]
    [/FONT]
    [FONT=Arial,Arial][FONT=Arial,Arial][/FONT][/FONT]
    Dear Mr ********
    [FONT=Arial,Arial][FONT=Arial,Arial]
    CISAS

    Case No: ********* - ******** v T-Mobile (UK) Limited
    [/FONT]
    [/FONT]
    [FONT=Arial,Arial][FONT=Arial,Arial][/FONT][/FONT]
    We acknowledge receipt of comments on the company’s response to the claim from the customer. A copy of is provided for the company’s information.

    The parties are advised that

    Miss Vidette Ogden

    has been appointed as adjudicator and that all of the case papers received have been forwarded for consideration.

    Upon receipt, the Decision will be sent to both parties (usually within 3 weeks). In the meantime, we may contact you if the adjudicator requires any clarification or further information on the documents submitted.

    When the Decision is issued the Customer will be given 6 weeks to advise us whether they accept or reject it.

    Yours sincerely
  • NittyGritty
    NittyGritty Posts: 940 Forumite
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    anna2007 wrote: »
    When you receive the decision, there's a covering letter to say you have 6 weeks to either accept or reject it. If you accept, TM has 4 weeks to comply (as per d123's post above), and if you reject, you're then free to take the matter to court.

    I haven't requested PAC codes at any stage, so when I email CISAS to accept the decision, I'm going to request that TM provides confirmation in their letter of apology that PAC and unlock codes will be provided, and that no mobile phone relating to my two contracts will be blocked by TM (thanks to Random Curve for this advice).

    did u request any form of compensation anna?
  • d123
    d123 Posts: 8,633 Forumite
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    well sent my defence off on monday, and got this back today. i guess its sit back and wait, not expecting anything but be nice surprise if i win.




    Upon receipt, the Decision will be sent to both parties (usually within 3 weeks). In the meantime, we may contact you if the adjudicator requires any clarification or further information on the documents submitted.

    I had a decision in 2 working days, I was quite surprised by the speed it processed through the CISAS system.
    ====
  • anna2007
    anna2007 Posts: 1,182 Forumite
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    did u request any form of compensation anna?
    Yes, £100 relating to poor customer service and a further £100 over TM declining my request to refer to CISAS.

    Annoyingly, the only part of my claim that the adjudicator didn't find in my favour was over the initial delay in TM responding to my complaint (I first complained 6 April, no acknowledgement or response from TM until 19 April). The adjudicator referred to a letter dated 10 April, and decided TM did respond quickly enough, even though I didn't receive this letter until 25 April!

    However, it made no difference to the outcome, I was still awarded the £200, due to other customer service issues and the CISAS refusal.
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