Mobile Phone Contract - Price Rise Refunds

Mick_Cranes_Sidestep

Had my contact from EE - confirming PAC's requested and I should have them in21 days. Confirmed refund (so far) and compensation. I have to notify them when the PAC is used so that they can process the payments.


No sign of an apology in the email as directed! Perhaps it will come with the refund!

PeteM1967

Sadly another rejection here. CISAS adjudicator AM decided to fall on the side of EE. Apparently it is my fault for not seeking to cancel when EE changed the terms and conditions - although I did see posts in the T&C change thread about this particular adjudicator rejecting attempts to cancel due to the T&C change so I guess there is no way I could win with AM as my adjudicator....

Still not that it really bothers me. My contract expires in 10 days and I will obviously be leaving. The ~£2 that EE will have managed to steal from me before I depart will have cost them dearly with the £300 CISAS cost plus what ever the cost of administering their defense has been.

I will most likely reject the CISAS adjudication simply to keep my options open, even it only to cost EE a little more in admin expenses.

Good luck to everyone else!

KARLITO

Ok guys,

I have sent RandomCurve's style reply, in relation to my post 1072, with my own typos, I was a little eager, sorry;) I so hope a positive result! Thanks again RandomCurve What's the average wait for being allocated an adjudicator and then a decision?

Mick_Cranes_Sidestep

Just a note on the Vodafone cancellations. I have a friend who is following the templates on RC's other site and he sent letter 1 off to Vodafone. He has since received messages from them asking him to call them in their exec office! He hasn't done this yet so not sure what is on offer.

factor29

Mick_Cranes_Sidestep wrote: »

Just a note on the Vodafone cancellations. I have a friend who is following the templates on RC's other site and he sent letter 1 off to Vodafone. He has since received messages from them asking him to call them in their exec office! He hasn't done this yet so not sure what is on offer.

If the same as my first mail they will phone and tell you the usual "it doesn't affect you as your costs wouldn't increase by 10%".

They like to phone as then there's nothing in writing and you have to badger them to actually respond in writing

pwillan

Mick_Cranes_Sidestep wrote: »

Had my contact from EE - confirming PAC's requested and I should have them in21 days. Confirmed refund (so far) and compensation. I have to notify them when the PAC is used so that they can process the payments.


No sign of an apology in the email as directed! Perhaps it will come with the refund!

Did they actually say you'll be getting a refund on charges backdated to when you first ask to leave? If so what was the wording your adjudicator said?

I only ask as EE are claiming that my adjudicator didnt make any mention of being refunded charges (although I think he did) and won't refund me and has asked the adjudicator to comment.

skuk21

pwillan wrote: »

Did they actually say you'll be getting a refund on charges backdated to when you first ask to leave? If so what was the wording your adjudicator said?

I only ask as EE are claiming that my adjudicator didnt make any mention of being refunded charges (although I think he did) and won't refund me and has asked the adjudicator to comment.

Yes, they quoted the amount I would get back and said it will be in the form of a cheque within 21 days

RandomCurve

Mick_Cranes_Sidestep wrote: »

Just a note on the Vodafone cancellations. I have a friend who is following the templates on RC's other site and he sent letter 1 off to Vodafone. He has since received messages from them asking him to call them in their exec office! He hasn't done this yet so not sure what is on offer.

As others have said:

• they try to explain their 10% version of Material Detriment - complexly ignoring GC 9.6
• they give advice on how to reduce costs, and
• Most damming of all - they try to upgrade you a higher priced contract!

RandomCurve

The below is from the Office of Fair Trading Guidance on Unfair Terms in Consumer contracts (for information OFCOM is a DESIGINATED ENFORCER of these regulations).
I don't know about you, but I think there is enough ammunition there to get the contracts cancelled due to the T&C change. Point (c) may be tricky, but if we examine the method in which he change was communicated I think we can win.


Group 10: Supplier's right to vary terms generally - paragraph 1(j) of Schedule 2







Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:

(j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

10.1 A right for one party to alter the terms of the contract after it has been agreed, regardless of the consent of the other party, is under strong suspicion of unfairness. A contract can be considered balanced only if both parties are bound by their obligations as agreed.
10.2 If a term could be used to force the consumer to accept increased costs or penalties, new requirements, or reduced benefits, it is likely to be considered unfair whether or not it is meant to be used in that way. A variation clause can upset the legal balance of the contract even though it was intended solely to facilitate minor adjustments, if its wording means it could be used to impose more substantial changes. This applies to terms giving the supplier the right to make corrections to contracts at its discretion and without liability.
10.3Such a term is more likely to be found fair if:
(a) it is narrowed in effect, so that it cannot be used to change the balance of advantage under the contract – for example, allowing variations to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice which are likely to raise standards of consumer protection
(b) it can be exercised only for reasons stated in the contract which are clear and specific enough to ensure the power to vary cannot be used at will to suit the interests of the supplier, or unexpectedly to consumers (see Group 11 (paragraph 11.5)).
(c) there is a duty on the supplier to give notice of any variation, and a right for the consumer to cancel before being affected by it, without penalty or otherwise being worse off for having entered the contract.

RandomCurve

factor29 wrote: »

No response from Vodafone so far, they have always been a day or two max for the previous emails so not sure if this is a positive/negative sign or if there just ignoring me

How long do they have to respond to the mail?

I see this as appositive sign - they have probably finally realised that you are not going to just go away and so are now actually thinking up a response to the actual points raised - time will tell!