We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Tmobile price increase
Options
Comments
-
My case only became different at the point TM submitted its defence to my CISAS claim, in that their defence regarding breach of contract was non-existent. At the stage of submitting our CISAS applications, the grounds for complaint were exactly the same, i.e. breach of contract.I'd think that, while CISAS probably aren't bound by their own precedent decisions, the best supporting evidence you could present would be d123's case/decision reference, as that is exactly the reasoning that you want any adjudicator to follow. (Anna's case sounds like it is slightly different).
Obviously, that is subject to d123 being happy to share that information.
For the reasons I have previously stated ad nauseam, I'm not sure that you can otherwise rely on CISAS deciding all the similar cases the same way, if the adjudicators are left to their own reasoning, especially because most people will inevitably not make their case as well as d123 did.
I think d123 focussed on the immediacy of his cancellation (i.e. the fact that he cancelled before March RPI was published on 16 April), which may not be as helpful an argument for those who gave notice to cancel between 16 Apr and 8 May. Also, d123's is a pre-Oct contract, those on the later terms will need to take a different approach.
It might be more helpful if all arguments are collated, as Dame Peggy suggested, and others can choose to use and adapt the arguments they feel would be most beneficial to their own circumstances.
Of course, Stoney's just posted that his/her claim has been unsuccessful, so looks like you're right that there will be differences in the adjudicators' reasonings, and each of us will obviously argue our cases differently.0 -
My claim has been rejected :mad:
extract from the decision -
d. The customer has put forward the argument that as the March statistics were not published by the date of the written notice then the relevant month to consider is February. I do not find this argument is persuasive as there is nothing within the clause
that refers to a publication date. The ordinary meaning of the clause is simply the month before, which in this case, would be March. I note that there may be practical difficulties
and risks in giving written notice prior to the publication of the relevant statistics but this does not invalidate the clause. Clause 7.2.2.3 provided that notice to cancel was required to be given prior to the new charge taking effect. The new charge was to take
effect on the 10 May 2013 (though this is disputed by the customer as 9 May 2013). The customer therefore had an opportunity to give a cancellation notice to the company
before the new charge took effect.0 -
extract from the decision -
d. The customer has put forward the argument that as the March statistics were not published by the date of the written notice then the relevant month to consider is February. I do not find this argument is persuasive as there is nothing within the clause
that refers to a publication date. The ordinary meaning of the clause is simply the month before, which in this case, would be March. I note that there may be practical difficulties
and risks in giving written notice prior to the publication of the relevant statistics but this does not invalidate the clause. Clause 7.2.2.3 provided that notice to cancel was required to be given prior to the new charge taking effect. The new charge was to take
effect on the 10 May 2013 (though this is disputed by the customer as 9 May 2013). The customer therefore had an opportunity to give a cancellation notice to the company
before the new charge took effect.
I thought everyones letters stated it was the 9th May that the increase was to take effect?0 -
I have spoken to CISAS and basically the decision is final. I stated that I was aware that other decisions had found in favour of the claim against the EE and was told that each claim was viewed on its own merits and the argument and supporting document my not of been as strong as the other applicants. I have no choice but to accept the decision.
:mad: 0 -
My case only became different at the point TM submitted its defence to my CISAS claim, in that their defence regarding breach of contract was non-existent. At the stage of submitting our CISAS applications, the grounds for complaint were exactly the same, i.e. breach of contract.
That they didn't submit a defence makes a big difference. You also said that your claim was also partially based on customer service issues and you succeeded in getting compensation for that. Your case was obviously well argued but sounds like it departs enough from the norm that d123's will be more relevant.I think d123 focussed on the immediacy of his cancellation (i.e. the fact that he cancelled before March RPI was published on 16 April), which may not be as helpful an argument for those who gave notice to cancel between 16 Apr and 8 May. Also, d123's is a pre-Oct contract, those on the later terms will need to take a different approach.
He did focus on that, and it won't be the same for everyone, but much of the adjudicator's reasoning will be relevant (particularly as to ambiguity) and his case was a) very well argued and b) successful, which is why I would follow that rather than much of the stuff that has been posted on this thread which is doubtless well-intentioned but often largely irrelevant. The more complicated you make your own case, I would think the less likely you are to get a favourable ruling.It might be more helpful if all arguments are collated, as Dame Peggy suggested, and others can choose to use and adapt the arguments they feel would be most beneficial to their own circumstances. Of course, Stoney's just posted that his/her claim has been unsuccessful, so looks like you're right that there will be differences in the adjudicators' reasonings, and each of us will obviously argue our cases differently.
That's kind of my point. It's clear now that how you argue your case will influence the result. You clearly need to tailor your argument to fit your own particular facts but if you pick and mix from the various arguments put forward, you may well end up talking nonsense. From what I've seen, I'd highly recommend following d123's approach. I'd still have ruled against him
but he makes the best of a fairly average set of facts and a lawyer wouldn't improve much upon his argument. 0 -
Ruflonger and Stoney - what date did you first give notice to cancel?extract from the decision -
d. The customer has put forward the argument that as the March statistics were not published by the date of the written notice then the relevant month to consider is February. I do not find this argument is persuasive as there is nothing within the clause
that refers to a publication date. The ordinary meaning of the clause is simply the month before, which in this case, would be March. I note that there may be practical difficulties
and risks in giving written notice prior to the publication of the relevant statistics but this does not invalidate the clause. Clause 7.2.2.3 provided that notice to cancel was required to be given prior to the new charge taking effect. The new charge was to take
effect on the 10 May 2013 (though this is disputed by the customer as 9 May 2013). The customer therefore had an opportunity to give a cancellation notice to the company
before the new charge took effect.
9 May is the date the price change came into effect.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards