Tmobile price increase

boatman

Another win but very definately soured by them not back dating the refund to when I cancelled, makes the whole effort pointless, Dean Taylor said that I would have had to pay something for a mobile contract anyway, so annoyed, the whole point was that they forced me to stay so I should get all the money back, basically means Tmobile have got away with it as my contract is all but over now anyway.

powerful_Rogue

boatman wrote: »

Another win but very definately soured by them not back dating the refund to when I cancelled, makes the whole effort pointless, Dean Taylor said that I would have had to pay something for a mobile contract anyway, so annoyed, the whole point was that they forced me to stay so I should get all the money back, basically means Tmobile have got away with it as my contract is all but over now anyway.

Small Claims Court if I was in your position.

boatman

Yes could well be. I have been awarded £50 compensation but he stated that because I did not state how much I could have saved if I had a different contract then I agreed with them providing me service, clearly I wasn't happy with them providing the service or I would not have taken them to CISAS, a crazy way to decide the case, what planet is he on?

The exact wording:
The customer seeks a refund of monies paid since his cancellation request. I do not see the the company should refund all charges
since the request for termination. The customer has had the services available to him during the period and appears to accept that
he has made use of those services during the relevant period. He would have had to pay something, even if he had been released from
his contract and transferred his mobile number to an alternative supplier. I have not been provided with any information regarding
any other deals he might have done had his termination request been accepted, or savings that he may have been able to achieve from this.

Tmobile defence to my compensation claim:
1. The Respondent further denies that the Claimant is entitled to receive

compensation in the sum of £50. The Respondent submits that such remedy

is not proportionate to the matters in dispute. The Claimant has used the

Respondent’s service since that date and remains liable for the service charges

plus the usage charges and the benefit that he has received on the Respondent’s

network since the date of request for termination.

My Response: I have used the service because I have been forced to continue with T-Mobile, I have no choice.

I have asked to cancel and they refused, so any charges I have incurred have

been of their own making.
What part of the above is me 'accepting their service', how can he make the decision of me 'appearing to accept the use of their service'?



Could someone remind me who else on here had the same decision?

tr26

Today was the day that T-Mobile had to comply with my CISAS decision. I've already had my PAC but still waiting for my refund.

I contact them and was told it could take up to 28 days for my cheque, which still hasn't been sent, and that i will be charged my final bill on Friday but thats included in my refund cheque, which it's not!

T-Mobile seem to just make the rules up as they go along. I can't see the point in setting a date for compliance if it can just be ignored.

boatman

I'm seriously wondering what the point of CISAS is, in my case its turned out that I would have saved my self a lot of extra work by going straight to the small claims court, the problem is that had i done that I would have run the risk of them saying I had not followed the full process. Am I being reasonable having won my appeal to expect the money back I have paid since cancelling or should the adjudicator have at least perhaps awarded me half? Should I have stated the saving I would have made had I moved contract in my claim as he suggested or as I believe it is not part of the claim as the claim is about Tmobile acting outside of the rules of the contract and therefore should not keep any of the money as they have chosen not to allow me to cancel.

Lifes_Grand_Plan

I e-mailed CISAS today to advise that over three weeks AFTER the deadline for compliance, T-Mobile have still not refunded me!

Toothless, unorganised and unaccountable......

lukat

I have sent my final answer and hope for CISAS to rule in my favour.

Seeing as CISAS seems to make random decisions, with 30+ decisions in favour of the consumers, but some losers and a lot of discrepancies in the final decisions (with or without refunds/compensation etc.), I suggest that we look at contacting the European Commission, which regulates the Europe wide implementation of New legislation on Alternative and Online Dispute Resolution (ADR) and (ODR).

http://ec.europa.eu/consumers/redress_cons/adr_policy_work_en.htm

CISAS is effectively listed as an ADR in the UK on the official European Commission's website:

http://ec.europa.eu/consumers/redress_cons/ecc_united_kingdom_en.htm

The European Commission insists on the duty for ADRs to abide to principles of impartiality, transparency, effectiveness and fairness.
It seems clear to me that CISAS has failed to provide all this by randomly delivering contradictory decisions on the same problem/issue! CISAS therefore doesn't seem to meet EU standards and contacting the European Commission could be another way to make our voice heard and put pressure on T-Mobile/EE and especially on OFCOM and CISAS now (thinking about RandomCurve's efforts with OFCOM here).

More links:
http://ec.europa.eu/consumers/citizen/my_rights/help_advice_en.htm
http://ec.europa.eu/consumers/citizen/my_rights/unf_comm_prac_en.htm
http://www.isitfair.eu
http://www.ukecc.net/news/news.cfm/newsid/25

SteveyAsp

Lifes_Grand_Plan wrote: »

I e-mailed CISAS today to advise that over three weeks AFTER the deadline for compliance, T-Mobile have still not refunded me!

Toothless, unorganised and unaccountable......

I received mine 2 days late as 2 weeks before the deadline I emailed Carmel Codd saying that if I didn't receive it on time I'd go straight to the Small Claims Court.

2 days after that email I received an email from someone in the Exec Office asking for my bank details or would I rather a cheque

RandomCurve

TM have until 16th September to:

1. Issue a PAC,
2. Refund payments taken since April 6th, and
3. Pay £150 compensation.

I had an Email from TM today saying that they have issued a PAC code which is valid for 30 days and will adjust the account so that I am not charged for using it -they made no mention of the refund and the compensation.

I replied (copying in Ofcom) that they need to ensure cleared funds are in my bank account by 16th as per points 2 &3 above to be fully compliant with the CISAS ruling.

Lest see what happens next.

RandomCurve

Did we all miss a trick with V59 of the contract?

"7.2.3.3. The change that We gave You Written Notice of in point 7.1.4 is: (i) an increase in Your Price Plan Charge (as a percentage) higher than any increase in the retail price index (also calculated as apercentage) or any other statistical measure of inflation published by any government tbody authorised to publish measures of inflation from time to time…..”

Well "any other statistical measure of inflation" includes the CPI which I think was only 2.7% - so even if TM had correctly quoted RPI at 3.2% for Feb the increase woul dhave triggered a penalty free cancelation

A much easier case to argue!!