Tmobile price increase

DamePeggy

I've just had a reply to my CISAS complaint against Orange which was made on the basis that that the RPI clause in their contract directly references a publication that does not exist (and doesn't actually refer to RPI or retail price index either).

One of their defences is that this is a complex point of law and so therefore outside the remit of CISAS. Have any of you Tmobilers had to counter this defence?


More details here:

https://forums.moneysavingexpert.com/discussion/4517039

IanR2012

DamePeggy wrote: »

One of their defences is that this is a complex point of law and so therefore outside the remit of CISAS. Have any of you Tmobilers had to counter this defence?

Both my claims (and I think all others) had the "complicated issues of Law" defence in the opening paragraphs.

That's for CISAS to decide. I personally ignored it an left it to the Adjudicator. (now waiting for a decision).

So far the Adjudicators have disagreed with T-Mobile.

edit:
Just read the thread you linked to. On your claim defence, they've joined "Clause interpretation" with "complicated issue of Law", which On mine they defended separately.

For Clause Interpretation, I did give a comment which was:

The complaint relates to a Consumer Contract and as such should not and does not require complicated legal interpretation. Should the contract be poorly written such that different interpretations could be achieved then the interpretation in favour of the consumer should prevail.

Mav1874

Hi folks

Just to confirm I received the result of my adjudication and can confirm that they found against T-Mobile and have confirmed I can leave my contract with immediate effect and no penalty charges.

Excellent result. My thanks to everyone who helped on the forum, much appreciated.

Cheers

IanR2012

Mav1874 wrote: »

Hi folks

Just to confirm I received the result of my adjudication and can confirm that they found against T-Mobile and have confirmed I can leave my contract with immediate effect and no penalty charges.

Excellent result. My thanks to everyone who helped on the forum, much appreciated.

Cheers

Well done!

Did Ms Obolensky see your adjudication to the end?

If so then glad she's changed her opinion from stoney73's claim!

DamePeggy

IanR2012 wrote: »

The complaint relates to a Consumer Contract and as such should not and does not require complicated legal interpretation. Should the contract be poorly written such that different interpretations could be achieved then the interpretation in favour of the consumer should prevail.

Thanks! Something along those lines will do nicely...

powerful_Rogue

When replying to T-Mobiles defence, have people sent their replies to CISAS@idrs.ltd.uk?

Mav1874

IanR2012 wrote: »

Well done!

Did Ms Obolensky see your adjudication to the end?

If so then glad she's changed her opinion from stoney73's claim!

She did indeed. I kept it very simple and just referred to how a reasonable person could possibly be expected to believe that a company can use a rate which isnt applicable anywhere and cant be checked at that time. I also referred to the terms being ambiguous and if I think that then surely other people must be thinking it and that there is something in law which refers to the fact that if a T&C is ambiguous then it should be read to benefit the customer who did not write those terms or contract. Kept it quite dumb and did not refer to laws or anything of that sort.

Rather surprised and pleased that she found in my favour as I was aware of her previous decision. Maybe word is getting around CISAS that they are generally finding in favour of the consumer in these cases now.

Only thing is the cancellation doesnt seem to be backdated. Although I am checking that.

anna2007

Mav1874 wrote: »

Hi folks

Just to confirm I received the result of my adjudication and can confirm that they found against T-Mobile and have confirmed I can leave my contract with immediate effect and no penalty charges.

Congratulations on your win :T

It must have been an especially good feeling, if you were expecting it to go TM's way

Bizarre though, the same adjudicator ruling two different ways... I would have thought that Stoney has serious grounds for complaint.

anna2007

powerful_Rogue wrote: »

When replying to T-Mobiles defence, have people sent their replies to CISAS@idrs.ltd.uk?

Yes, that's the address I sent it to, as that's the address the TM defence was sent from. The acknowledgement of receipt of my comments came from this address too.

However, I also copied my email to info@cisas.org.uk just to make sure it got there!

makemesumdosh

It has been 5 days since my adjudicator was appointed, if I don't get the result by start of August, I have to decide whether to ask T-Mobile for my PAC as my 2 year contract is up in September so I can leave anyway.

I would prefer to wait a few more days and hopefully get a positive CISAS decision and monies refunded but I begrudge giving TM any more money.

Any Advice, should I call CISAS and push them or chase the case ?