Mobile Phone Contract - Price Rise Refunds

Pilotmic

Ok, so CISAS rejected my right to a new application under the terms and conditions dispute I already had contacted EE about earlier than the price increase. Here is there response. My response will follow.

Rejection Reference: 22581
We acknowledge receipt of your application in the above matter.
The Claim has been referred to an Adjudicator who commented as follows:
Having looked at the two apps, they clearly concern the same agreement and although the customer has cited a different claim in his online claim reference , I am of the view that it concerns the same issue that has already been the subject of a previous adjudication. Therefore CISAS cannot consider his new application in accordance with CISAS Rule 2 (b). Please advise the customer that we cannot accept his claim on this basis
In the light of the above, we are unable to accept it as the subject of the dispute has already been considered under CISAS case reference v Everything Everywhere LTD (EE)
We are sorry that we are unable to help you further with this matter. Yours sincerely,
Mr JM S Case Administrator

Pilotmic

Good Afternoon,

Thank you for your reply, however, I ask how 9, now 10 weeks without any information from EE/Orange does not constitute a breach in customer care relevant to pursue a case against them with yourselves. The case with EE/Orange regarding t's & c's changes was in fact an earlier case and was not dealt with by EE/Orange. I am then to believe that their choice to respond to my price increase emails and not my terms requests, by giving me a deadlock letter for the former, leads me to think that they knew they were in a better position to win a case against me disputing me on the price rise rather than the terms changes. So not only have I been doubly harmed by EE/Orange for not offering me the option to cancel my contract penalty free when they changed the terms, then by increasing the price due to the amended terms then allowing them. But also by CISAS for telling my that I should've rejected the terms increase that I didn't know I was able to reject, then penalising me by not allowing me the option to speak out for the issues which I have tried to raise with EE/Orange, then with yourselves.

Please can you answer the following questions regarding your decision.

1 - Why do the cases seems so similar even though one refers to a price rise and one refers to a contract issue regarding the fact I was not informed of my right to cancel, a right that has been refused to me on so many occasions? The only similar aspects of the two cases are that they concern poor aspects of care by EE/Orange.

2 - CISAS deal with complaints of poor customer service, and the website asks for 8 weeks to have elapsed before a claim is made if no response has been gained from the company you are complaining against. Can I ask how long I should wait without information back from EE/Orange before I submit a further complaint?

3 - If my original case decision stated that I should've asked for the contract to be terminated regards the terms and conditions rise, then why when proof that I tried to do the exact thing that I was supposed to have done (which couldn't be specified in the previous prosecutions against EE/Orange as I was not able to know what the adjudicator would have said in his report until a decision had been made, and unable to appeal) is my case denied even though the evidence is there for you to see that it was attempted without reply.

I'm afraid that with an unacceptable level of care being shown by CISAS in their resolution role this would lead to me having to complain about the scheme to a higher level should these points not be addressed sufficiently.

Kind Regards,

Swampsnake

Today was EE's deadline day to produce a defence and as of close of business I have heard nothing from CISAS or EE.

Should I leave it another couple of days or get onto CISAS now?

I'd prefer to see their defence as soon as possible, but I also wonder if EE's tardiness is another proof of their incompetence?

amf

amf wrote: »

I am on holiday just now so can only post brief details. Adjudicator RW, who I'd asked to be replaced owing to inconsistent decisions compared to his colleagues, decided against me. On basis that I did not cancel when advised of new ts and cs so I had accepted new terms. I'm up for a new CISAS case on the issue of tsand cs.

The above comments refer to my claim against orange. I've just received the CISAS T-Mobile decision - another part win. They've been told to apologise, cancel the contract from 20 April without penalty, provide free PAC code and pay compwn £50 ( I asked for £75). Does this mean a refund of charges from 20 April? If so I will delay accepting for 6 weeks. I realise that this question may already have been answered but I'm on hols and searching using my phone is very difficult. Adjudicator RT ruled that the price increase was a material detriment. He made no mention of new ts and cs.

Thanks again RC

Mikmonken

Swampsnake wrote: »

Today was EE's deadline day to produce a defence and as of close of business I have heard nothing from CISAS or EE.

Should I leave it another couple of days or get onto CISAS now?

I'd prefer to see their defence as soon as possible, but I also wonder if EE's tardiness is another proof of their incompetence?

It is but CISAS will more than likely give EE an extension, disappointing I know.

RandomCurve

amf wrote: »

The above comments refer to my claim against orange. I've just received the CISAS T-Mobile decision - another part win. They've been told to apologise, cancel the contract from 20 April without penalty, provide free PAC code and pay compwn £50 ( I asked for £75). Does this mean a refund of charges from 20 April? If so I will delay accepting for 6 weeks. I realise that this question may already have been answered but I'm on hols and searching using my phone is very difficult.

Thanks again RC

Yes it does - I have seen one decision where it clearly stated "charges back dated EXCLUDING out of bundle costs". As your decision does not say that then you should get a 100% refund of ALL costs - so best to delay that cancellation for 5 weeks

RandomCurve

ryan92 wrote: »

Vodafone ignored my request to keep all communication via email and did not reply to my email asking for this.

I've been on the online chat for a good hour now and the advisor is saying that to avoid the increase I should either pay £3 extra a month or just continue to pay for 0845 calls etc. Another option was to use saynoto0870 which is fair enough but then most options are 0800 numbers which are still chargeable.

I've only been with Vodafone since February so there isn't too much bill data to make the '3 month rule' too fair coupled with the fact I recently ditched my landline.... sigh

So email them again - they are obviously avoiding the issue

ulaggy

Pilotmic wrote: »

Ok, so CISAS rejected my right to a new application under the terms and conditions dispute I already had contacted EE about earlier than the price increase. Here is there response. My response will follow.

Rejection Reference: 22581
We acknowledge receipt of your application in the above matter.
The Claim has been referred to an Adjudicator who commented as follows:
Having looked at the two apps, they clearly concern the same agreement and although the customer has cited a different claim in his online claim reference , I am of the view that it concerns the same issue that has already been the subject of a previous adjudication. Therefore CISAS cannot consider his new application in accordance with CISAS Rule 2 (b). Please advise the customer that we cannot accept his claim on this basis
In the light of the above, we are unable to accept it as the subject of the dispute has already been considered under CISAS case reference v Everything Everywhere LTD (EE)
We are sorry that we are unable to help you further with this matter. Yours sincerely,
Mr JM S Case Administrator

So is this effectively suggesting that those of us that lost first time around have no ability to go back through the process again? That's how I'm reading it.

I guess that means SCC is looming nearer?

Pilotmic

ulaggy wrote: »

So is this effectively suggesting that those of us that lost first time around have no ability to go back through the process again? That's how I'm reading it.

I guess that means SCC is looming nearer?

Looks like that's their stance. RC looks like he is trying some stuff first so we have time to figure out what is best judging by how they respond to me. I'll let you all know.

ulaggy

Shall continue to observe. Thankfully, I'm able to give notification of terminating my contract on 21st October, so I'm not stuck with T-Mobile for too much longer, so it's not the end of the world if I'm unable to get out sooner, but I guess we'll see what happens!