Tmobile price increase

tsandcs

19. As the Written Notice was issued in the month of April 2013 then the relevant



month’s RPI figure for the purposes of Clause 7.2.3.3 of the Agreement is the RPI



figure as published by the Office of National Statistics (“ONS”) representing



March 2013; being the month before the month in which the Written Notice was



issued. The March RPI figure, published by the ONS Statistics was 3.3%. By way



of the Monthly Statistical Bulletin (“the Bulletin”) published by the ONS the



following is stated:-



The RPI 12-month rate for March [2013] stood at 3.3%



The Bulletin is a lengthy document so has not annexed to this Defence but can be



made available to CISAS upon request.

RandomCurve

tsandcs wrote: »

I'll forward you it, as for claiming for the PAC code I never bothered, thought it would be an easier victory without

Perhaps I should give you the correct email address!

[EMAIL="eevenrandomcurve@gmail.com"]eevenrandomcurve@gmail.com[/EMAIL]

I only set this account up as a temporary one whilst this saga continues.

makemesumdosh

Also had the first 6 paragraphs in their defence email today, just need to get my reply in tomorrow outlining how I see it.

need to sleep on it.

RandomCurve

I'm POST Oct (V59), but TM have me in the system as PRE Oct (V58) so in their defence they stated I was on V58 and then proceeded to argue a case against a V58 claim that they had made up! So I assume they have used the same "assumed" V58 case in their defence to you.

tsandcs

19. As the Written Notice was issued in the month of April 2013 then the relevant



month’s RPI figure for the purposes of Clause 7.2.3.3 of the Agreement is the RPI



figure as published by the Office of National Statistics (“ONS”) representing



March 2013; being the month before the month in which the Written Notice was



issued. The March RPI figure, published by the ONS Statistics was 3.3%. By way



of the Monthly Statistical Bulletin (“the Bulletin”) published by the ONS the



following is stated:-



The RPI 12-month rate for March [2013] stood at 3.3%



The Bulletin is a lengthy document so has not annexed to this Defence but can be



made available to CISAS upon request.

So the ONS 3.3%??

makemesumdosh

Got the same response today.

Don't forget the RPi T-Mobile are talking about was released by the ONS on 16th April (2 weeks after they wrote to you saying current RPI)

how can their defence stand when they use a rate not known for another 2 weeks ?

anna2007

RandomCurve wrote: »

Whoops.

But all is not lost. Now you have received TMs defence you can submit new evidence - the only thing is it will then give T-Mobile another 2 weeks to respond, but that should be okay - better to wait a couple of weeks and fight the right case than get a "lost decision" 2 weeks early!!!

Not sure this is correct - you can submit new evidence before TM submit their defence (which may result in a further 2-week delay), but not after the defence is received, i.e. you can't introduce new evidence in your comments on the defence

tsandcs - you said you referred to the terms TM provided, it might be an idea to focus on this in the comments, and hopefully the adjudicator will be sympathetic to the fact that you argued your case based on the incorrect t&c's provided by TM. Did you submit a copy of the t&c's as supporting evidence for your CISAS application? If you have anything to prove TM supplied you with the wrong t&c's, I'd submit this with your comments, even if it's 'new evidence', the adjudicator might be willing to consider it, given the circumstances.

anna2007

ruflonger wrote: »

Decided to try http://www.moneyclaim.gov.uk which seems to be the HM Courts & Tribunals Service Internet based start to the small claims court. You need to provide short statement to maximum 1080 characters of what you are claiming for and why which I don't think I can condense the saga into so I am not sure if this is the right route go. If anyone has gone through this process or can provide any advice I would be grateful.

Have sent you an email

EDIT - should have added, don't worry about the whole TM saga, stick to the facts in the statement (pretty much what went in your CISAS summary, plus mention of the successful cases at CISAS), and let the facts and supporting documentation speak for themselves.

RandomCurve

anna2007 wrote: »

Not sure this is correct - you can submit new evidence before TM submit their defence (which may result in a further 2-week delay), but not after the defence is received, i.e. you can't introduce new evidence in your comments on the defence

I think you might be right :

From CISAS rules:

f) If no settlement is agreed at the previous stage, or if the settlement is not kept to, when we receive the company’s response we will send a copy of it to the customer. The customer then has seven days to provide any comments on the company’s response. These comments must only be on points raised in the company’s response and must not introduce any new matters or evidence. At the same time we will appoint an adjudicator and give their details to the customer and the company.

But if the company raises points that you never argued in the first place then surely you can only respond by introducing new evidence (unless you were lucky enough to have covered every eventuality in your initial claim).

diamonds

d123 wrote: »

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.

And who do you think pays for the hundreds of pounds per case ? EE ? No bottom line is us ALL, the consumer.

If anyone can quote a court outcome in similar circumstances to ANY company at stage 1 of a CEO complaint, a company backs down unless its legal team is like EE's.