Tmobile price increase

RandomCurve

stoney73 wrote: »

I'm going to take this to the SCC, I'm just a bit uncertain on how to do it? and what am I claiming? Am I claiming an amount equal to what would cancel my contracts, or just for the termination of my contract?

http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim/

Any help would be greatly appreciated.

My understanding is that you ask the SCC to compel TM to comply with its T&Cs and to back date your penalty free termination request, and to issue a PAC code. Therefore you claim anything paid since the date of the request (I would put the full contract value from the last payment before you received the price rise letter to the end of the contract and state that the amount should be adjusted down dependant on the date the court makes a decision and how much pre paid credit was on your account at the time of the initial termination request). You can also add your court fees and reasonable expenses - travel accommodation if necessary.

Additionally if you feel that T-Mobile have breached its duty of care in its behaviour in administering this contract - e.g. in my Post Oct Case TM insisting that BEFORE and AFTER mean the same thing - then you can seek damages, but you would only be able to claim a nominal amount I think may be £50?

From what I have seen elsewhere it seems that the phone companies try to settle with you before it gets to court (i.e. like the day before the hearing) as they do not want court hearings of them losing a case being published.

Do you have any legal insurance as part of a house, car, breakdown insurance policy? Some employers have "employee assistance programmes" that apart from offering relationship advice etc also include a free legal help line...... if so give them a call and get some advice on how to approach this

daveuk1

DGKC wrote: »

Hi

Can I ask what reasoning they (Cisas) gave for rejecting your complaint? I don't understand how there can be any losses provided you gave the immediate notice? The adjudicator stated in my summary that they were "particularly struck by the change in interpretation" on TM behalf to how they handled the price rise in 2012. They also state that neither party could rely upon an unknown RPI rate.

Can you not challenge Cisas findings based on the outcome of other customers?

It seems to be a case of including certain evidence in your complaint to win this.

Dave

There's no appeal against CISAS decisions - you either accept or reject.

Your decision sounds like it would make for interesting reading though - you should consider posting a redacted version. I'm guessing your adjudicator wasn't one of the many with legal qualifications.

RandomCurve

My response to T-Mobiles defence was sent today so now we wait for the process to churn through. So far the timing has been ahead of schedule with T-Mobile submitting their defence a week before they had to (but then it was 95% pre written - even if it was for the wrong T&Cs).

I have contacted another media organisation (National newspaper) who sounded genuinely interested when I pointed out we were 9-2 up on consumer wins. They wanted to know the name of the adjudicating body and if they had published their verdicts. I have had media organisations appear to show an interest before so don't hold your breath here, but at least it sounded promising.

ruflonger

RandomCurve wrote: »

No problem DGKC - just glad to see some justice being done.

I make the score 8-2 to the customer on Pre Oct Contracts and 1-0 to the customer on post Oct Contracts.

I really can't understand we have 2 loses? Stoney/Ruflonger you need to go the SCC

I'm going to try again to see if I can muster any media interests -but what with Andy Murrays win yesterday and the imminent arrival of a new Royal this may not be an opportune moment.

Now having to deal with the Executive office again because the termination amount they are trying to charge me is greater than the amount quoted in their defence document (that was decreasing by the day) and the fact it has been 9-2 in favour of the customer, I am now seriously considering it.:(:idea:

diamonds

d123 wrote: »

You know, you go from posting sense most of the time to posting nonsense when you log on after midnight (just staggered in from the pub?).

Many people on this thread (you did read the thread before dumping your block of words here?) have taken T-Mobile to CISAS and won.

Pub, drunk....?

No. No. IMPOSSIBLE


Read last few posts, so NO.

The whole Ofcom approved complaints code of conduct and ADR is a joke, yet you all follow it like loyal sheep! T-Mobile has breached LAW. A small claims court would be quicker and more efficient than Ofcom, telco & private non impartial ADR, heavens a Scot in a Scottish small claims court could even set precedence

d123

diamonds wrote: »

The whole Ofcom approved complaints code of conduct and ADR is a joke, yet you all follow it like loyal sheep!

My case from complaint to the notification of my win took less than a month.

I'm sure by taking it to adjudication I (and all the others who have won at CISAS) have cost t-mobile more than a SCC case would.

I won with very little work or stress, I can't see how it is "a joke" when CISAS has ruled in favour of the consumer in so many cases already.

anna2007

diamonds wrote: »

Pub, drunk....?

No. No. IMPOSSIBLE


Read last few posts, so NO.

The whole Ofcom approved complaints code of conduct and ADR is a joke, yet you all follow it like loyal sheep! T-Mobile has breached LAW. A small claims court would be quicker and more efficient than Ofcom, telco & private non impartial ADR, heavens a Scot in a Scottish small claims court could even set precedence

If only your levels of concentration and comprehension could stretch back to a few pages, rather than a few posts, you might find you have something useful to add to the discussion.

Anna (Scotland )

anna2007

DGKC wrote: »

Another small victory for the customer.

Thanks again

Congrats on your win at CISAS, great news :T

And well done to the others who have had a positive result in the last week or so; the more wins we see, the more it feels like the fight has been worth it

Chimper

diamonds wrote: »

Pub, drunk....?

No. No. IMPOSSIBLE


Read last few posts, so NO.

The whole Ofcom approved complaints code of conduct and ADR is a joke, yet you all follow it like loyal sheep! T-Mobile has breached LAW. A small claims court would be quicker and more efficient than Ofcom, telco & private non impartial ADR, heavens a Scot in a Scottish small claims court could even set precedence

I can't honestly see why you think that going to the courts first is the best option. CISAS doesn't cost you anything win or lose, the court procedure will cost you if you lose. CISAS is binding on the company but not the complainant, court action is binding on both parties - once it's gone to the court CISAS won't touch it.

Maybe you'd like to explain.

Chimper

ruflonger wrote: »

Now having to deal with the Executive office again because the termination amount they are trying to charge me is greater than the amount quoted in their defence document (that was decreasing by the day) and the fact it has been 9-2 in favour of the customer, I am now seriously considering it.:(:idea:

How is it possible for the termination amount to increase, it can only go down the nearer you are to the end of contract. Make an official complaint and if they can't clearly explain take it to CISAS