Tmobile price increase

RandomCurve

ruflonger wrote: »

RandomCurve wrote: »

Please use the link below to submit a news item to the BBC asking them to investigate Ofcom's inactivity.

Took two minutes to do

For those who are finding that TM are missing your CISAS deadlines - why not let the BBC know - and link it to Ofcom not taking action?

http://www.bbc.co.uk/news/10725415

anna2007

NittyGritty wrote: »

my question is, should the refund appear in my bank after the 7th, and again i stress should! do i inform CISAS that refund still hasnt been recieved? or just wait a few days after 7th ? and then tell them,

also can/should i make another claim if so what should i claim for if anything (for not recieving refund on time) 7th aug

CISAS sent me an email yesterday, which said it "is not an enforcing body and has no power to compel a communications provider to comply with any decision agreed under the scheme. However, we can raise issues of non-compliance internally with your communications provider and request that they to contact you directly to ensure the issue is fully resolved.

Should you have any further issues regarding the compliance of your case we suggest you contact Guy Perring Director of Dispute Resolution, [EMAIL="Guy.Perring@ee.co.uk"]Guy.Perring@ee.co.uk[/EMAIL], who will assist in ensuring that compliance is met as soon as possible".

I'm submitting a separate complaint to CISAS for the delayed refund, currently trying to get TM to confirm deadlock. Ian on the forum suggested claiming the maximum amount of £5,000 as a penalty for TM's contempt of the adjudication process. I'm still going to claim £100 compensation separately (in case CISAS disagree with the penalty!), which currently works out at under £8 per email I've sent, chasing them for the refund.

tr26

I found out that I won on Tuesday. I emailed CISAS to accept their decision. I've not heard anything back from them yet. What happens now, do I just wait for T-Mobile to contact me or will CISAS be in touch again?

I'm tempted to forward the CISAS decision to someone at T-Mobile in the hope they comply asap

anna2007

RandomCurve wrote: »

Please use the link below to submit a news item to the BBC asking them to investigate Ofcom's inactivity.

http://www.bbc.co.uk/news/10725415

It takes 2 minutes and you can keep it really brief:

Mine wasn't quite so brief

On 1 March 2013, mobile giant Everything Everywhere announced a mid-term price increase for its Orange and T-Mobile customers. The increase announced was 3.3%, based on the latest RPI at the time (terms and conditions permit such increases up to the rate of RPI).

Orange customers received notice of the price increase in March, when RPI was still 3.3%; however by the time T-Mobile customers received notice in early April, RPI had dropped to 3.2%. As T-Mobile failed to update the notice with the current RPI rate, this opened up the cancellation clause for almost 3 million of its customers, which allows them to leave their contracts without penalty when the increase is above RPI.

Some customers picked up on the error and requested cancellation, which T-Mobile refused, meaning it was in breach of its own terms and conditions. The company even claimed to have based the increase on the March RPI rate once announced mid-April, when this coincidentally rose again to 3.3%.

These customers took their cases to the independent dispute resolution scheme CISAS, whose adjudicators have consistently been ruling in favour of the customer, finding the relevant clause of the contract to be ambiguous and therefore unfair under consumer protection law. In my own case, CISAS ruled that both of my contacts be cancelled without penalty, backdated to early April, and awarded £200 compensation.

As the term has been deemed unfair, all customers affected by the price increase should be permitted to cancel their contracts, if their consumer interests are to be protected. The industry regulator, Ofcom, has been aware of the issue from the very beginning, but has spent the last 4 months "considering" whether to investigate and remain undecided.

Ofcom recently stated in a letter to me that "The fact that CISAS has found the clause to be ambiguous does not mean it is necessarily unfair under the UTCCRs". This is despite the fact that CISAS relied on this legislation in reaching its decisions, and despite the fact that Ofcom has enforcement powers in cases where they think a term is unfair. Although the fairness of a contract term does not have to be decided in the courts before Ofcom intervenes, the regulator is excusing its inaction by stating that only a court can decide on whether a term is fair or unfair, apparently forgetting all about their enforcement powers. It begs the question: what is the point of Ofcom existing as regulator if it is not willing to regulate?!

I am therefore unsure of what further evidence Ofcom requires before concluding that further investigation is warranted. Through its inaction and complicity with T-Mobile, Ofcom is clearly failing in its statutory duty to protect consumers.

anna2007

tr26 wrote: »

I found out that I won on Tuesday. I emailed CISAS to accept their decision. I've not heard anything back from them yet. What happens now, do I just wait for T-Mobile to contact me or will CISAS be in touch again?

I'm tempted to forward the CISAS decision to someone at T-Mobile in the hope they comply asap

CISAS will email you back, acknowledging receipt of your acceptance - the 30 days for TM to comply with the decision begins from the date of the CISAS acknowledgement.

Once CISAS have emailed, you could try emailing Guy Perring (email posted above)? Maybe by dealing with him directly (or at least copying him into your emails), you might find things move along more quickly... or not!

You could also try highlighting the fact that other customers will be raising fresh CISAS complaints over the delayed refunds?

lukat

If I only recently sent a complaint through CISAS, when am I supposed to be contacted again to be assigned someone who will look at my case?

The only thing I received was an email confirming my online complaint but asking me to send supporting evidence within 10 days or otherwise they will cancel my case...

I thought I had already uploaded the relevant supporting evidences...

Any advice and rough guidance on timeline and what I should do now much appreciated. I have been through over 20 pages of posts already but it's a lot of information to process and none of it describes the stage I am at...

Thanks!

IanR2012

lukat wrote: »

If I only recently sent a complaint through CISAS, when am I supposed to be contacted again to be assigned someone who will look at my case?

The only thing I received was an email confirming my online complaint but asking me to send supporting evidence within 10 days or otherwise they will cancel my case...

I thought I had already uploaded the relevant supporting evidences...

Any advice and rough guidance on timeline and what I should do now much appreciated. I have been through over 20 pages of posts already but it's a lot of information to process and none of it describes the stage I am at...

Thanks!

Even when I uploaded my supporting evidence with my online submission I also received the email requesting the supporting evidence be sent by email/post etc.

So I also attached all the supporting evidence to an email and sent it again, and asked for confirmation they had received it, which they then did. Probably didn't need to resend the evidence by email but wasn't willing to take a chance that CISAS hadn't received it.

The next communication you will receive from CISAS is once TM have provided their defense. They have two weeks to do this once CISAS have sent them your complaint.

You will then send in comments regarding the CISAS defence. After CISAS receive your comments an Adjudicator will be assigned and you will be notified.

lukat

IanR2012 wrote: »

Even when I uploaded my supporting evidence with my online submission I also received the email requesting the supporting evidence be sent by email/post etc.

So I also attached all the supporting evidence to an email and sent it again, and asked for confirmation they had received it, which they then did. Probably didn't need to resend the evidence by email but wasn't willing to take a chance that CISAS hadn't received it.

The next communication you will receive from CISAS is once TM have provided their defense. They have two weeks to do this once CISAS have sent them your complaint.

You will then send in comments regarding the CISAS defence. After CISAS receive your comments an Adjudicator will be assigned and you will be notified.

Ok, I'll send the same documents again then...
I asked for termination of contract without penalties twice. First because of the limited nature of the Full Monty tariff (speed cap limit on the 3G, see the verdict by the ASA clearly stating that T-Mobile should stop to advertise their Full Monty as being unlimited). Second, due to the price increase of 3.3 instead of 3.2, complaint sent via a recorded letter.

Do you think I could be in trouble because I mentioned two complaints in one? Essentially at the end, in both cases I believe I had the right to leave my contract without penalties as T-Mobile has blatantly failed to provide the service I have been paying for and has increased my tarrif by more than what they were allowed to.

Proof I am not alone:
The Guardian/The Observer is running an article on EE/T-Mobile not providing service to its customers:

Just google "I often don't receive any service on my mobile phone, but EE's answer doesn't ring true" as I can't post URLs yet... (If someone can post the link for me, that would be great).

EE has to be the evil incarnated of mobile phone companies. They really think they can breach the terms of the contract and force us to swallow it and tell us we have no rights...

RandomCurve

lukat wrote: »

Do you think I could be in trouble because I mentioned two complaints in one?

I put four separate complaints in my application.

When I received the ruling the adjudicator said that as I had won on the first point - wrong RPI rate - the others were not considered as they would not have increased the benefit of the outcome.

The other points were:

1. Can't apply an annual rate in April when contracted started in December as would be double counting - can only use Nov 2013 RPI
2. Contract breached OFT as price rise clause not clearly and adequately bought to my attention, and
3. Price rise of material detriment as higher than annual wage inflation

RandomCurve

lukat wrote: »

Ok,

Proof I am not alone:
The Guardian/The Observer is running an article on EE/T-Mobile not providing service to its customers:

Here is the link

http://www.theguardian.com/money/2013/aug/04/ee-connection-failure-internet-signal?INTCMP=SRCH