Tmobile price increase

tr26

Had an email earlier from CISAS to say T-mobile have to comply with the decision by 10/09/13. I emailed Carmel Codd with the CISAS attachments asking her to comply ASAP.

Had an email back from her within minutes to say they've not received a date to comply by from CISAS yet but i can call 150 and get my pac now and any charges will be cancelled.

Think I'll wait another week or 2 until T-Mobile have CISAS's notification

boatman

Just writing my response to T-Mobile defense case, anyone have any last minute flashes of brilliance to add to the usual v58pre defense? I have started by saying that this is not about a 'business decision' and that if it requires a legal interpretation then the contract is not suitable as a consumer contract as it should be in plain intelligible language!

lukat

It's been 8 days now and no news from CISAS... I did send them an email with my supporting evidence in addition to the online complaint...

When I wrote to T-Mobile back in April, they replied saying they were in the right but I have never received something called a deadlock letter. What is it? Just the fact that T-Mobile refused to comply with the terms of my contract and sent me a letter is enough or not? Is that letter a deadlock letter anyway?
In the CISAS application, I ticked no in the field where they ask me if I had a deadlock reference number or something like that...
Should I ring CISAS?
Any info much appreciated!

RandomCurve

boatman wrote: »

Just writing my response to T-Mobile defense case, anyone have any last minute flashes of brilliance to add to the usual v58pre defense? I have started by saying that this is not about a 'business decision' and that if it requires a legal interpretation then the contract is not suitable as a consumer contract as it should be in plain intelligible language!

Not sure it is a flash of brilliance (probably not) but I played on the fact that TM were arguing for one clause to be strictly interpreted and another not to be!!! as below

"I would arguethat a “strict interpretation” of the clause is only suitable in business tobusiness dealings, as this a business to consumer contract the term has to beclear to non-legal people and it is not sufficient that it is strictly correctin a legal sense. Also it is inconsistent of T-Mobile to argue for a strictinterpretation of clause 7.2.3.3 regarding the months RPI that is referred to,but when it comes to the length of notice to be given under clause 7.2.2.3 (thestrict interpretation is 30 days notice) T-Mobile want a looser interpretationof “Ample notice”. Either both clauses need to be interpreted strictly orneither clause."

I was a V59 contract, but TM put in a defence against V58 (they thought that was the version I was on). I'm sure others who actually were on V58 can give better advice.


Good Luck

RandomCurve

powerful_Rogue wrote: »

Another win here!

Just received my decision from CISAS.

1) Cancel contract early without termination fees.
2) All monies paid since the 8th May to be refunded.
3) Written apology.

Thanks to everyone for their help! Just one more claim against Orange left to go!

I did have to chuckle, the domain name ee.com is currently for sale at auction! Currently at £350.....Hmmmmm

31-2 to the consumer

IanR2012

lukat wrote: »

but I have never received something called a deadlock letter. What is it?

A dead-lock letter is what TM should issue you with once it is a apparent they are unable to resolve your dispute.

So far, for the main price rise issue, TM have not issued any dead-lock letters to the posters in this thread (from what I can remember).

In the absence of a dead-lock letter you have to wait the 8 weeks CISAS require for the dispute to remain unresolved.

So, from when you first contacted TM regarding your complaint, was it 8 weeks before you submitted your complaint to CISAS?

Did you get an email from CISAS with a PDF letter attached starting "We acknowledge receipt of an application for adjudication by the customer, a copy of which is attached for the attention of the company."

If you didn't, I'd email them again for an update.

If you did you now won't hear anything until TM have sent in their defense, which will likely take 2 weeks.

IanR2012

boatman wrote: »

anyone have any last minute flashes of brilliance to add to the usual v58pre defense?

Depends how much you got in your original submission to CISAS. Mine was quite light so I took the opportunity to reiterate the main theme in more detail, which was plagiarised from d123's submission.

Clauses 7.1.4 and 7.2.3.3 of the V58 T&C’s, when considered in relation to the time line, create an ambiguity as to which is the relevant RPI.

Clause 7.1.4 mandates a minimum notice period of the increase of 30 days. The increase was to come into effect on 9 May 2013. Therefore the date of issuing notice would need to be no later than 9 April 2013.

T-Mobile correctly notified me of the increase prior to 9 April 2013, providing the required minimum 30 day notice period.

The rate of RPI in force on 9 April was 3.2%. This is the RPI as published for the 12 months before the month in which T-Mobile sent the notice.

The increase T-Mobile gave me notification of on 9 April 2013 was 3.3%. I therefore attempted to exercised my Right under Section 7.2.3.3 to immediately terminate the contract, free of penalty. This I did by phone on 30 April 2013.

Any event, for example a future change of RPI rate, occurring after 9 April 2013 is immaterial in relation to a price increase requiring notice prior to 9 April 2013.

And my wording to counter the "complicated legal interpretation of Clauses" defence and the "it's a business decision" defence:

1. Incorrect. As stated repeatedly to T-Mobile, I have no issue with their business decision to raise their pay-monthly charges.

I am happy that the T&C’s, specifically Clause 7.2.3.3, provide me a right of redress should that rise be in excess of RPI.

My complaint is against how T-Mobile has applied the price increase and their refusal to allow me to action that Right of redress, which I consider to be Breach of the Terms and Conditions.

5. 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.

lukat

IanR2012 wrote: »

So, from when you first contacted TM regarding your complaint, was it 8 weeks before you submitted your complaint to CISAS?

Did you get an email from CISAS with a PDF letter attached starting "We acknowledge receipt of an application for adjudication by the customer, a copy of which is attached for the attention of the company."

It was well over 8 weeks so I was eligible for filing a CISAS complaint, yes.

The only email I got from CISAS was as follows, but not PDF attached!

Thank you for submitting your application online. Please send all supporting evidence within the next 10 days, by using only ONE of the following options:
Email: info@cisas.org.uk
Fax: 020 7520 3829
Post: CISAS, The International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU.

Your online reference number is: XXXXX

Should we not receive your supporting evidence within 10 days of submitting your application we will assume that you no longer wish to pursue this matter and will close our file.

If you have any query regarding your case, please contact us at info@cisas.org.uk or by phone on 020 7520 3814.

Your Application Details

Your Reference: XXXXX
Date Submitted: 06-08-2013
CISAS Enquiry Number:


I did send an email in reply, on the 12th (6 days later), so within the 10 days. The emailed contained the complaint again, along with the supporting evidence...

Nothing back from CISAS yet...

Chimper

lukat wrote: »

It was well over 8 weeks so I was eligible for filing a CISAS complaint, yes.

The only email I got from CISAS was as follows, but not PDF attached!

Thank you for submitting your application online. Please send all supporting evidence within the next 10 days, by using only ONE of the following options:
Email: [EMAIL="info@cisas.org.uk"]info@cisas.org.uk[/EMAIL]
Fax: 020 7520 3829
Post: CISAS, The International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU.

Your online reference number is: XXXXX

Should we not receive your supporting evidence within 10 days of submitting your application we will assume that you no longer wish to pursue this matter and will close our file.

If you have any query regarding your case, please contact us at [EMAIL="info@cisas.org.uk"]info@cisas.org.uk[/EMAIL] or by phone on 020 7520 3814.

Your Application Details

Your Reference: XXXXX
Date Submitted: 06-08-2013
CISAS Enquiry Number:


I did send an email in reply, on the 12th (6 days later), so within the 10 days. The emailed contained the complaint again, along with the supporting evidence...

Nothing back from CISAS yet...

I believe I was waiting around 10 days before hearing anything further, so it's early days yet. You know that your claim has been received, so you will get a further email as IanR2012 explained. Just sit back and wait

Oh and good luck

ruflonger

I have now received TM defence to my SSC. They have used almost cut and paste from the CISAS document apart from a section where they say claim did not succeed.

I would like to use evidence of successful claims in my submission ans would be grateful if any one who has won their case could sent a copy of their successful decision to tmdispute@gmail.com. This email has been setup purely for this purpose and will then be removed - if you wish to take out any personal information that's fine I will not retain any of the document once the case has completed. Thank you to Ann007 and randomcurve who have already offered their CISAS decisions to me