Mobile Phone Contract - Price Rise Refunds

RandomCurve

Score now 30-9 to the consumer.


For those that have lost we can go the SCC route (you can not claim compensation - only back dated cancellation and costs incurred - of course I could "charge" you £100 (or £500) for advice - on a no win no fee basis!!!!)).


Or we can go back to EE re the change in T&Cs not complying with GC 9.6.
GC 9.6 places an obligation on EE to give you notice of changes - I can not see any obligation placed on the consumer to challenge the change in any specified time frame - here is the full GC 9.6:


9.6 The Communications Provider shall:


(a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber;


(b) allow its Subscribers to withdraw from their contract without penalty upon such notice; and


(c) at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber.

Can anyone see a time limit placed on consumer action there?
On legal matters the time limit is SIX years,
under the contract it is 30 days,
but under GC 9.6 there is no limit???


I don't know what is the best route - any suggestions? (T&Cs changes will cost EE more win or lose -and we could still go to the SCC after that!

Swampsnake

For those of us still waiting for EE's defence is it worth any extra paragraphs in the reply to pre-empt this?

Or do you think we are better off sticking to "the script"

I took out an EE contract in Sept 2013 and have no recollection at all of any change to the T&C's. The only communication I had was the price increase.

Are the T&C's cases contracts with Orange or T-Mobile?

pau1200

I never ever agreed to a change of terms and conditions, and without a signed contract they can only assume you accept them maybe. As the terms and conditions change is of material detriment then EE have failed to notify anyone of such change. How can they expect you to accept a change of t+c's if you have not been correctly notified?

Maccadinho25

RandomCurve wrote: »

T&Cs changes will cost EE more win or lose -and we could still go to the SCC after that!

I think that answers the question mate! Make EE pay more and if we fail again can still go to SCC so nothing lost. However your time would be used up so im sure everyone will agree with what you want to do as frankly we're screwed without your input!

jocklatic

Doug85 wrote: »

Just got this back from ofcom.

I write with reference to your complaint to Ofcom regarding EE’s change to its terms and conditions and questions as to whether those changes constitute material detriment to you in light of the provisions of General Condition 9.6. I can confirm that your complaint has been formally logged.

I apologise for the delay in providing a substantive response on this matter. There are a number of issues which Ofcom is considering.
We intend to provide you with our formal response by no later than close of business on Tuesday 24th June.

Yours sincerely

Jessica Eyles
Consumer Contact Team

I also received the above email. Does RC have any thoughts on this??

Also think RC's question on which route to go for those who failed in their CISAS cases would be as suggested T&C appeal followed by SCC if we fail!!

Mikmonken

jocklatic wrote: »

I also received the above email. Does RC have any thoughts on this??

Also think RC's question on which route to go for those who failed in their CISAS cases would be as suggested T&C appeal followed by SCC if we fail!!

It's in response to this email I sent earlier today.

Dear Mr Richards,

further to my email of the 24th May 2014 and follow up email of the 2nd June 2014, whilst a confirmation of receipt via Beverley Harris has been received, I am yet to receive a response to any of the questions raised.

It has now been 4 weeks (20 working days) days since my initial complaint and request for information was submitted. Whilst there are no clear guidelines as to the timescales for response I have extracted the following paragraph from the Ofcom website (http://www.ofcom.org.uk/about/policies-and-guidelines/complaints-about-ofcom/)

"Every effort will be made to send a full and clear reply within 20 working days of your complaint being received. If we cannot investigate your complaint fully within that time, we will let you know and keep you informed of progress."

I appreciate this page relates to complaint escalations, but as you are yet to respond Q1 to confirm a complaint has been formally raised, I am doubtful this complaint is being afforded any attention what so ever and as such would appreciate a full response to the 13 questions detailed below by Friday 25th July 2014 before this complaint is escalated to Mr Graham Howell, cc’d to this email.

I look forward to hearing from you in near future.

Mikmonken

Got my dates wrong though

ulaggy

I'm happy to go with the general consensus - CISAS or SCC, depending on what people prefer. Also, is it worth us that have lost but that are continuing the fight having our own separate topic on MSE so that this one isn't cluttered up by our new cases? I don't know if it'd make it confusing for anyone who was planning to try and start off a case based on the price rises (even though it's late to get in on the action)

RC - Once I'm back home (currently visiting family for a couple of days), I'll email you my case decision - it's in doc format with my phone and account number removed Hope that's okay! What's the correct address for sending it to?

Oh, turns out I sensibly put the decision doc in my dropbox - so it's here on my laptop and ready for sending!

bobbyh1982

How long have people had to wait for a decision? I was allocated Mr MM on the 6th and I'm still waiting. Anyone else been allocated him?
Cheers

sunshinerise111

Hello, I do not recall receiving the change of T & C back in Jan/Feb, did we received it ??? I'm on EE contract started in June 2013, believe my T & C is version CVN01B.
I need to submit my response to EE defence, any ideas how to respond to the following defence ?

The respondent confirms that prior to the 26th march 2014 the agreement between the parties was subject to the T & C CVN01A. From 20/01/14 to 14/02/14 the respondent provide the claimant with notice, pursuant to the agreement at the time, that the respondent's T & C would be updated & the new terms effective as if the 26th march 2014. Therefore, the respondent submits that as from the 26th march 2014 the T & C applicable to the agreement between the parties and so governing the claimant, is CVN01B.

Thanks