Tmobile price increase

everton2004

Just sent my application to CISAS using the online form (uploaded all my email correspondence and text from EE as a Word document which seemed to work ok). Will keep you posted on how it goes

ryan92

OK, my CISAS claim confirmation said the following ;

the company is now required to submit two copies of their response to the claim, which should be returned to us within 10 working days of receipt of this letter, that is, on or before 28/01/2014.

Should I have heard back by today or is that only when CISAS should have had their paperwork?

Also, Re. my sisters claim, what should I do? Hold of for the 8 week deadline?

RandomCurve

ryan92 wrote: »

OK, my CISAS claim confirmation said the following ;



Should I have heard back by today or is that only when CISAS should have had their paperwork?

Also, Re. my sisters claim, what should I do? Hold of for the 8 week deadline?

Today is the day EE should have got back to CISAS, so could be a day or two before they forward it to you. You then have five days to respond. If you need any help with a response to the defence then PM me.


I think your sisters has gone as far as it can for now, so best just to wait for the 8 weeks to elapse.

ryan92

Lengthy document received today ;

1. The Respondent submits that the cause of action pleaded by the Claimant is neither directly related to bills or communication services and therefore represents a dispute which falls outside the remit of Rule 2(g) and therefore is a matter which is not within the jurisdiction of the Scheme

2. For the purposes of Clause 7.2.3.3 the Respondent used the Retail Price Index (‘RPI’) figure issued by the Office of National Statistics (“ONS”) on 12 February 2013, being the January 2013 figure of 3.3%. This was the last published RPI figure existing as at the time the Respondent decided the quantum by which it would increase its prices.
18. The January RPI figure, published by the ONS on 12 February 2013 was 3.3%. By way of the Monthly Statistical Bulletin (“the Bulletin”) published by the ONS on 12 February 2013 the following is stated:-
The Retail Prices Index annual inflation stands at 3.3% in January 2013

This is despite EE saying the following to me

In regard to the Retail Price Index (RPI) increase which we announced in March 2013, there was a slight technicality in the wording and how the RPI increase had been calculated. The true figure was in fact 3.3% but this was reduced to 3.2% after discussions with OFCOM.

OK, so it was March or April it was announced? The CISAS defence from EE says the following ;

Pursuant to Clause 7.1.4 on or about the 2-8 April 2013 the Respondent issued to the Claimant (together with all of its pay monthly customers) written notice (“the Written Notice”) advising of a 3.3% increase in price plan monthly charges that would take effect as from 9 May 2013.

They need to make their minds up!


In a nutshell, they are still saying I can't cancel and that my claims for compensation ;

The Claimant has not provided any evidence in support of such purported losses and in any event the Respondent submits that such sums are disproportionate to the value of the claim.

RandomCurve

Thanks for posting this part of the defence.


EE have done exactly what they did in the original cases and have tried to stop CISAS accepting the case - we can deal with that (although since taking my sons case to the SCC I think the SCC is actually the easier option).


I am glad they are sticking to the January argument, as the contract allows an annual inflation rate, and as the previous price rise referenced Feb 2012 RPI then by using January they are applying a 12 month RPI to an 11 month period - not allowed!!!


EEs reference to January being the last published RPI when they decided by how much to increases prices by is irrelevant - your contract is written such that it is the date they write to you which is relevant - not the date they make internal decisions!


On the bits you've shared EE don't say why they have "adjusted" the 3.3% - that by itself shows they are not being straight here! Unless it is somewhere else in the defence we can use this omission to our advantage.


Don't worry about the compensation part - again just a standard response that we can deal with. I'll help you with a full response when you PM me the full defence

everton2004

I expect to receive the same response then!

everton2004

Ok I received confirmation from CISAS that they have accepted the case and T-Mob have until 17th Feb to respond. Here goes! :beer:

RandomCurve

everton2004 wrote: »

Ok I received confirmation from CISAS that they have accepted the case and T-Mob have until 17th Feb to respond. Here goes! :beer:

We've put together a response for Ryan92, so if EE send you the same defence we can recycle it. Not sure we should put it up on the forum just yet in case EE change their tactics. It's shame, but you will probably need to respond to EEs defence before we have the results of Ryan92s case.

RandomCurve

Did you EE/Orange/T-Mobile customers receive the change in T&Cs text? The link is below.

It effects customers who are on Pre October 2012 contracts. and I think it opens up your right to a PENALTY FREE CANCELLATION!!


http://help.ee.co.uk/system/selfservice.controller?ARTICLE_ID=3596936&CONFIGURATION=1016&PARTITION_ID=1&TIMEZONE_OFFSET=null&segment=consumer&isSecure=false&CMD=VIEW_ARTICLE


So why can you cancel penalty free? Well the old T&C was unenforceable as it was ambiguous, so EE are lining you up for a price increase. the notice they have given you is in accordance with GC 9.6 which is the UK enactment of USD 2002/22 which states that you can cancel PENALTY FREE for ANY MODIFICATION to your T&Cs


You have 30 days to act -if you need more info just ask

ryan92

Funny how the new terms play emphasis on how you can be guaranteed they will always use the latest RPI figure published!