Mobile Phone Contract - Price Rise Refunds

RandomCurve

starsailor123uk wrote: »

My point exactly when calling them but they refused to talk to me as I had raised an official complaint with CISAS

It appears, irrespective of the outcome that one side is being treated more favourably in terms of contact than other. For example I sent the list as per RC email above and was promptly given a Rule 8 (b) defence wall. When I tried to argue that at least Question1 is no less of a simple clarification as EE's that they responded to they might has well have hung up the phone!

I have got together all the emails, decisions and paperwork and am sending it to OFCOM if only for them to see that the system is broke in that one side can make challenges but another cannot!

As for the refund I am looking at whether to work out a figure and then pursue a claim in the small claims court if only to see what the judgement is with regard to the use of the term "backdated" as I still can't get how that means anything less than I don't have a contract! and therefore cannot be charged.

Write to them - and copy in the papers and Ofcom.

factor29

RandomCurve wrote: »

Here is email 5 for the Vodafone folk.


[EMAIL="jeroen.hoencamp@vodafone.com"]jeroen.hoencamp@vodafone.com[/EMAIL]
CC, [EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org.uk[/EMAIL]
info@fightmobileincreases.com

Dear Mr Hoencamp,

Ref: phone number 07XXX XXXXXX

RE: Out of Bundle Price Increases

Despite four very clear emails requesting that Vodafone cancel my contract penalty free under the protection afforded to me under GC 9.6 following the out of bundle price increase that I believe is of Material Detriment to me, Vodafone have not offered that Penalty free cancellation. Neither has Vodafone given any rationale as to why Vodafone believes they have not contravened GC 9.6 (again despite four very clear attempts to solicit a response). Also as I have requested the details of your Alternative Dispute Resolution (ADR) and you have failed to provide them I also consider you are in breach of GC 14.4 (c) and (d).

As it is clear that Vodafone are unwilling to respond to a simple question which is – “Can you explain why Vodafone believes the recent increase in out of bundle charges is compliant with GC 9.6” (Vodafone only ever responded with the contractual context) you leave me with no other choice than to take this matter to ADR.

For the avoidance of doubt this action is not in connection with Vodafone’s business decision to increases prices (as a business Vodafone is free to make whatever decisions it deems suitable). This claim is that by denying me a penalty free cancelation under GC 9.6 Vodafone has contravened Ofcom Regulation GC 9.6. Further Vodafone are also in breach of the Unfair Terms in Consumer Contracts Regulations (UTCCRs) Schedule 2, paragraph 1, which 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” Which the associated Office of Fair Trading (OFT) guidance states:
10.3 Such a term is more likely to be found fair if:
(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.

I therefore request that Vodafone either:

• Processes a penalty free cancelation back dated to when I first requested it, OR
• Provides a deadlock reference in order that I can take this matter to the ADR.

Regards

A supporter of “Fight Mobile Increases” – a pressure group dedicated to assisting consumers use the protection of the UTCCRs and GC 9.6, and to monitor and highlight Ofcoms actions (inaction) in relation to the Mobile Phone Market.

Thanks, sent will see where we get

pau1200

hi all, been out of the loop for a while, been stuck in hospital, EE making me ill.

Like the others I now have a pac code and will be using tomorrow but no refund, EE have asked CISAS for guidance as back dating doesnt mean back dating it means cancel now, makes no sense to me. Im not do to well at present and havnt got the energy to waste but Ill try and get ofcom involved if CISAS clarify the decision in EE's favour

RandomCurve

pau1200 wrote: »

hi all, been out of the loop for a while, been stuck in hospital, EE making me ill.

Like the others I now have a pac code and will be using tomorrow but no refund, EE have asked CISAS for guidance as back dating doesnt mean back dating it means cancel now, makes no sense to me. Im not do to well at present and havnt got the energy to waste but Ill try and get ofcom involved if CISAS clarify the decision in EE's favour

Seems EE is getting us all hospitalised one way or another - hope you have a speedy recovery.
I think if we get no joy with CISAS - and I don't think we will then we will just take it straight to the SCC. I'll draft up a letter before action is it is needed.

davethorp

RandomCurve wrote: »

Sorry to quote myself, but the above was a complete red-herring!
The forum is just made up of vodafone customers and trying to explain anything on there is like talking to little clones of the Vodafone executive office - see for yourself:
http://forum.vodafone.co.uk/t5/Pay-monthly-services/How-does-the-out-of-Bundle-Price-rise-comply-with-Ofcom-GC-9-6/td-p/2144119
Don't think I'll waste any more time there!

O2's forum can be much the same at times. Although a lot of the regular users on O2's forum have spoken out or left O2 over their price rises (myself included)

muse213

Just got to wait for the adjudicator to comment about the backdating, cisas sent me an email before my flight yesterday. Would it be worth calling up and getting my PAC code now, or do I wait for CISAS to reply?

muse213

Received my PAC code! Will be transferring to a different provider today hopefully!

muse213

The adjudicator also put this "‘I am of the view that the company is complying with the conclusions of my adjudication. If I can be of any further assistance please just let me know.’" To be honest, I'm not really bothered, and I want to leave as soon as possible!

starsailor123uk

muse213 wrote: »

The adjudicator also put this "‘I am of the view that the company is complying with the conclusions of my adjudication. If I can be of any further assistance please just let me know.’" To be honest, I'm not really bothered, and I want to leave as soon as possible!

I think that will be the crux of whether I take it to the SCC.

The difference is between what was put in the decision that ws made which was termination backdated to 4th March and what they are now saying is what they meant which is completely different

Whether the SCC would seek a clear application of the decision made and the terms used or take the view that CISAS meant something different and that is what has been applied (i.e an error was made and you can't claim through SCC for that!) I'm not sure ... DO I gamble £25 at effective odds of 5-1

I have emailled the Lynn Harper @ OFCOM with all my details but that was more about making OFCOM aware of CISAS poor perfromance and Orange/EE disappointing tactics and that the current arbitration process is , IMHO , at best not fit for purpose or at worst significantly weighted to the TELCOs advantage!

sunshinerise111

Suceeds in part !!!!

Thank You Random Curve, been with Orange / EE for over 20 years, cannot wait to change network.

Decision

1. The claim succeeds in part.
2. I direct that the company shall: cancel the customer’s contract without imposing a cancellation charge, backdating such cancellation to 22nd May 2014, thereby waiving charges (if any) incurred after this date and shall provide the customer with his PAC; and pay the customer compensation in the sum of £25.00.

Random Curve if you require more information, please contact me.