Tmobile price increase

NittyGritty

anna2007 wrote: »

Looks like you won't be the only one raising a second claim - I still haven't received my refund (due on 18th, TM confirmed on the 18th that I'd receive it within 3 working days, so sent them an email this evening:

"Despite CISAS's deadline of 18 July for compliance with their decision, and despite your assurance of 18 July that I would receive my refund within 3 working days, I still have not received a refund of the money you have ILLEGALLY been taking from my bank account since 7 April.

I therefore wish to submit a formal complaint regarding the delay. As a resolution, I request that interest is paid at the rate of 8% on the amount you owe me, calculated from 7 April 2013, along with a nominal amount of compensation at £100, for the additional frustration and upset you have caused me through your non-compliance with the CISAS decision, together with the fact that, yet again, I am having to contact you to request the sums due.

I am not willing to negotiate on the above resolution, as there is really no excuse for a company with your resources to have missed the deadline for compliance with a decision that is legally binding on you. I am utterly disgusted at the complete disregard and contempt you have for both me as your customer, and CISAS as your ADR scheme.

I look forward to your response, confirming that the above resolution is acceptable to you. If you happen to disagree with my proposal, then I would appreciate confirmation of this, so that I can proceed to CISAS with my complaint".

Hope they like them apples, because I'm not going to budge :mad:

same here not had refund yet, i spoke to customer services and asked them for an update and after about 30 mins going round in circles as they have no idea or no record that i won the case with CISAS lol,

is there a telephone number for the legal team (tmobile that knows or deals with this, or an email i can use, as i,ve sent 2 emails to headoffice already without response, hence i called, (alot of good that did me lol)

Chimper

NittyGritty wrote: »

same here not had refund yet, i spoke to customer services and asked them for an update and after about 30 mins going round in circles as they have no idea or no record that i won the case with CISAS lol,

is there a telephone number for the legal team (tmobile that knows or deals with this, or an email i can use, as i,ve sent 2 emails to headoffice already without response, hence i called, (alot of good that did me lol)

(Text removed by MSE Forum Team)

She lists herself as Dispute Resolution Legal Affairs

Good luck

Lifes_Grand_Plan

Great work Anna.

Although I am looking forward to getting my PAC so I can leave them and looking forward to banking the refund, I am actually also looking forward to them missing the deadline for providing the code and refund so I too can stick the boot in with CISAS once again.

CISAS and Ofcom might actually get a grip of these shysters then rather than letting them do what they want.

NittyGritty

am just wondering if t-mobile do miss the deadline given by CISAS is there further action you can take by going back to CISAS and claiming even more compensation for failure to deliver on the deadline?

or is your only option to let CISAS know a day after deadline and sit and wait till t-mobile pay up. dont really want hassle of going to small claims even if the likely outcome would be a win due to having CISAS ruling in my favour

anna2007

NittyGritty wrote: »

am just wondering if t-mobile do miss the deadline given by CISAS is there further action you can take by going back to CISAS and claiming even more compensation for failure to deliver on the deadline?

or is your only option to let CISAS know a day after deadline and sit and wait till t-mobile pay up. dont really want hassle of going to small claims even if the likely outcome would be a win due to having CISAS ruling in my favour

I'm taking a new complaint to CISAS (see post above) if TM don't agree to the additional £100 compensation (+ around £4 in interest ) I've requested due to the delay. Maybe being stung again for arbitration costs will make TM think twice next time (although probably not!).

I phoned CISAS the day after the deadline to let them know about the delayed refund, they've been chasing TM, and emailed this morning with TM's response:

“The actions agreed in relation to the Decision have been arranged, however due to the Respondent’s internal processes the refund of £144.79 was not to be processed until after the Claimant’s next billing date. As this will cause some delay to the Claimant, we have arranged for a BACS payment to be made in the sum of £144.79 which should be completed shortly. The other actions including removal of the balance have all now been completed”

CISAS asked me to confirm by return if the matter "remains non complied with", so I've let them know the refund's still not arrived.

I'm hoping that, given the circumstances, CISAS will be less than happy and therefore sympathetic about accepting a new complaint relating to the delay.

I also received a final bill from TM in the post this morning, confirming the account's now closed. The account balance is now showing a credit of £170, so by stalling another week, it's cost TM an extra £26

Chimper

anna2007 wrote: »

I'm taking a new complaint to CISAS (see post above) if TM don't agree to the additional £100 compensation (+ around £4 in interest ) I've requested due to the delay. Maybe being stung again for arbitration costs will make TM think twice next time (although probably not!).

I phoned CISAS the day after the deadline to let them know about the delayed refund, they've been chasing TM, and emailed this morning with TM's response:

“The actions agreed in relation to the Decision have been arranged, however due to the Respondent’s internal processes the refund of £144.79 was not to be processed until after the Claimant’s next billing date. As this will cause some delay to the Claimant, we have arranged for a BACS payment to be made in the sum of £144.79 which should be completed shortly. The other actions including removal of the balance have all now been completed”

CISAS asked me to confirm by return if the matter "remains non complied with", so I've let them know the refund's still not arrived.

I'm hoping that, given the circumstances, CISAS will be less than happy and therefore sympathetic about accepting a new complaint relating to the delay.

I also received a final bill from TM in the post this morning, confirming the account's now closed. The account balance is now showing a credit of £170, so by stalling another week, it's cost TM an extra £26

T-Mobile's internal process shouldn't be our concern. They've been ordered to pay by a certain date and were given a month's notice. CISAS should punish them if they don't comply on time.

Chimper

NittyGritty wrote: »

am just wondering if t-mobile do miss the deadline given by CISAS is there further action you can take by going back to CISAS and claiming even more compensation for failure to deliver on the deadline?

or is your only option to let CISAS know a day after deadline and sit and wait till t-mobile pay up. dont really want hassle of going to small claims even if the likely outcome would be a win due to having CISAS ruling in my favour

If you do have to go the small claims route then you can add interest on a daily basis and pass any extra costs on to T-Mobile. Hopefully CISAS will now tell T-Mobile to pull their finger out at the very least.

psilvester

Just had an email from CISAS. Won my case - 2 pre-Oct contracts. Lovely stuff guys!

Decision
1. The claim succeeds.
2. I therefore direct that the company cancel the customer’s two contracts without applying any
cancellation charges for doing so; provide PAC codes; backdate the cancellation of the
contracts to 9 April 2013 and waive any and all charges incurred under the contracts after 9
April 2013. I also direct that the company provide the customer with a written apology.

i. However, after careful consideration of the clause 7.2.3.3. and the differing
interpretations of the parties’, I find that the clause 7.2.3.3. is ambiguous and open to
interpretation as to what the relevant RPI might be.

m. In this case, the most favourable interpretation of the clause to the consumer is that the
relevant RPI figure was the RPI figure available at the time in which the notification of the
price increase was issued. This figure is the RPI figure for February 2013 of 3.2% which
was published on 19 March 2013. I therefore find that the company increased its prices
in excess of the RPI figure available at the time.

q. In respect of the customer’s request for an apology, in light of my findings above that the
company breached a term of its contract with the customer, I find that it would be fair and
reasonable to direct that an authorised representative of the company provide the
customer with a written apology.

I hope this comes from Olaf - I may even get it framed!

anna2007

psilvester wrote: »

I hope this comes from Olaf - I may even get it framed!

Mine came from a lowly Dispute Resolutions Legal Assistant - unless you've specifically requested the apology comes from Olaf, it's highly unlikely he'd demean himself in such a way

Congratulations on your double win, great news :T

Mav1874

Does anyone have any idea how much it costs T-Mobile for each case which goes to CISAS?