Mobile Phone Contract - Price Rise Refunds

Mikmonken

The cvn01b is the new contract that they texted to everyone with a link to that contract and alledgedly if it didn't get through to your phone they would have posted

sunshinerise111

Any ideas how I should counter defend ??

Mikmonken

I lost so probably not the best person to provide guidance I seem to remember something a few pages back re the T&C change.

Maybe something along the lines of that change of T&Cs was not consensual and a change imposed rather than accepted, EE did not notify of your right to cancel at that point in time

KARLITO

Hi Guys,

I like to say, I've been in the the shadows following this and I'm at the stage of waiting on EE's defence, according to CISAS email they have till this Friday gone the 20/06/14, so I should expect a response from CISAS at any time, this coming week 'I assume'. But a must said, a big thank you to RandomCurve for his efforts, despite my outcome to this and a speedy recovery. Sorry to hear, of the guys who where not successful through CISAS.
Of course, no doubt I'll be needing to formulate my defence according to the template, once received. But it certainly does seem a defence is needed, for guys in my position, to counter the so called 'you had the chance to cancel for free'. For me, I had a solitary text message about the the change of terms, without stating the right to cancel for free at any point. Its only when you hit the link, you are taken to; terms.ee.co.uk/4GEE-TC.html, where they mention of this. Even when reading, it doesn't give you a clear understanding or importantly 'You want to cancel? You must do this by..', if I'm wrong, please do correct me, I can call them now and cancel for free, because I did not sign or agree to it?

Good luck to all! Congrats to the successes:)

Appreciate any response:)
Thanks!
P.S.. I had started through this thread and so I'm arguing the price rise and material detriment to me;) If I had clear indication I can cancel for free I would done so!

skuk21

So has been 11 days since I accepted and there was no sign of any correspondence from CISAS, I rang them this morning and the lady said they had a massive backlog. I then received the below email within 5 mins of hanging up Happy Days

We acknowledge receipt of notification from the customer that they accept the Adjudicator’s Decision. Where written confirmation was provided a copy of the correspondence is enclosed with the company’s copy of this letter.

The parties must now act in accordance with the adjudicator’s decision within a maximum of four weeks of the date of receipt of this letter, which is on or before 21/07/2014.

THE COMPANY MUST NOTIFY US THAT THEY HAVE COMPLIED WITH THE ADJUDICATOR’S DECISION.

We would like to hear from you if the Company has not complied with the Decision by the date above. As the adjudicator’s decision has been accepted, it is binding on the company. However, please note that CISAS does not have an enforcement or regulatory function. The independent regulator for the UK communication industry is Ofcom.

Yours sincerely

Mikmonken

Trying to think of arguments to retrospectively reject the changes in T&C’s so I can go to CISAS rather than go to the SCC at the moment.

In terms of notice to change T&C’s I as I’m sure many of you did received a text via EE in Feb notifying us of the change in T&C’s and directing us to a web page via a link to another webpage that had a link to the full revised T&C’s.

Following this in April I received a letter informing me of the price rise and no text message.

So for one form of notice I receive a text and then another form I receive a letter, why for the price rise did I get a letter and not a text?

I’ve been trying to do some research to see if a text message constitutes “written notice” does anyone have any experience of this, does it carry any weight?

I’ve tweeted EE asking them whether it’s OK for me to cancel my contract via text? Fingers crossed I’ll get a response but I doubt it.

Does anyone know of any cases where the use of a text message to change T&C’s has been kicked out, I think it’s unusual that one change was by letter and one change made by text you’d have hoped there would be consistency?

RandomCurve

@KARLITO


See post #1013 for some guidance - you will probably need something like this (changing the contract reference if necessary):


Throughout EEs defence they are arguing two inconsistent points:

• That my (original) T&Cs (CVN59) pre date 23rd January 2014 and therefore the new Ofcom definition of Material Detriment does not apply, and
• That my T&Cs are subject to CVN59A which came into effect 26th March 2014 (i.e after the new Ofcom definition)
  

If I were subject to the pre January 23rd T&Cs (CVN59) then any increase higher than CPI (1.7%) would trigger my right under the contract to a penalty free cancellation, but obviously I cannot make a claim on this basis as my contractual terms are now CVN59A, which came into effect 26th March 2014 (i.e. after Ofcom more clearly articulated the definition of Material detriment). This also means that the contract I originally signed no longer exists.
If I am legally bound to T&Cs that came into effect on 26th March 2014 then those T&Cs must be subject to the Ofcom regulations enforce at the time that those T&Cs were implemented, other wise I am having regulation that existed to protected me in my original contract (which no longer exists) applied to a new contract (imposed by EE) which came into effect after the regulations changed, if this is allowed to stand then EE would have been allowed to circumvent the new Ofcom regulations, and effectively EE are then operating new contracts to benefit their business, without having to consider the new Ofcom regulations which were put in place to protect me.
The only logical view can be that a new contract (which is now the only contract) must have the new regulation applied.

pau1200

Well the text message only told you about the terms and conditions were changing, the new terms were in a link. You could argue that the terms and conditions have never been received only the notification they were changing. As they have not sent you the new terms and conditions you have not been able to evaluate them to see if you agree. In my response from EE in my claim they actually attached a copy of the terms and conditions, this was the first time I had actually seen them.


Some of the t+c cases failed because the t+c change was only a mechanism for material detriment not material detriment itself. I wonder if ofcom would step in now as we can show that t+c cases were rejected because the change wasn't detrimental and now we have a detrimental change we the consumer are being told we should have left at the t+c change. They as the regulator need to step in in my opinion.

RandomCurve

Mikmonken wrote: »

Trying to think of arguments to retrospectively reject the changes in T&C’s so I can go to CISAS rather than go to the SCC at the moment.

In terms of notice to change T&C’s I as I’m sure many of you did received a text via EE in Feb notifying us of the change in T&C’s and directing us to a web page via a link to another webpage that had a link to the full revised T&C’s.

Following this in April I received a letter informing me of the price rise and no text message.

So for one form of notice I receive a text and then another form I receive a letter, why for the price rise did I get a letter and not a text?

I’ve been trying to do some research to see if a text message constitutes “written notice” does anyone have any experience of this, does it carry any weight?

I’ve tweeted EE asking them whether it’s OK for me to cancel my contract via text? Fingers crossed I’ll get a response but I doubt it.

Does anyone know of any cases where the use of a text message to change T&C’s has been kicked out, I think it’s unusual that one change was by letter and one change made by text you’d have hoped there would be consistency?

The contract does purport to give them the right to use text - but if that is legal or not I do not know.
Do you (or anybody else) have the exact wording of the text - and can publish it here?

RandomCurve

sunshinerise111 wrote: »

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

See post #1013