Mobile Phone Contract - Price Rise Refunds

Mikmonken

ulaggy wrote: »

Still no word from MSE?

Is there a time limit for going to the Small Claims Court? Worried that if I wait around too long on MSE / possible new CISAS case, I'll end up with no avenue to go down :-/

There's not a tight turn around for SCC, my ex landlord took over a year before he processed his claim via the SCC

davethorp

A small claims claim would be covered by the limitation act giving 6 years to claim (5 in Scotland)

RandomCurve

bobbyh1982 wrote: »

Following on from EE trying to worm their way out of refunding my money, CISAS have agreed backdated means just that!

Following on from the response of the Adjudicators as per below,
Further to the company’s request for clarification in the above case, please see below the adjudicator’s response:

‘The customer is correct and should have all charges refunded.’

Also I've just had my text confirming my unlock email is on the way.
PAC code and additional £100 compo to be sent in 21 days also.

Happy days!

Finally some common sense from CISAS!

RandomCurve

ulaggy wrote: »

Still no word from MSE?

Is there a time limit for going to the Small Claims Court? Worried that if I wait around too long on MSE / possible new CISAS case, I'll end up with no avenue to go down :-/

I think we will give up on MSE - THANKS MSE!!
I will start a new forum shortly to bring a CISAS case re T&Cs and Price rise combined.

RandomCurve

@IPY


I reviewed your response - seems oka just a few pointers:
Checjk the paragraph numbers relate to the pons in the defence that E have sent you
Par 27 change "Ask" to "I ask the court"


Re the Group 12 (narrow if not precisely) you need to use this in response to where EE state that the old term gave them a choice of rates and timing the full quote is:
12.4 A degree of flexibility in pricing may be achieved fairly in the following ways.30
• Where the level and timing of any price increases are specified (within narrow limits if not precisely) they effectively form part of the agreed price. As such they are acceptable, provided the details are clearly and adequately drawn to the consumer's attention.
As the old clause clearly failed this test by EEs own admission then the price rise clause was not enforceable, whereas the new clauses enforceable. Replacing an unenforceable price variation clause with an enforceable one is clearly to my material detriment.

RandomCurve

factor29 wrote: »

Just had my reply from Vodafone in reply to latest mail



Good Evening

Thank you for contacting Vodafone.

You have requested we respond by terminating the contract with no early termination fee or supplying a deadlock letter.

As advised previously we are not looking to terminate the contract with no early termination fee as the contract has not been effected by more than 10% by the out of bundle price increase. This has been detailed in previous correspondence.

We must also advise we cannot, at this time, supply a deadlock letter for this complaint as the complaint is in regards to a commercial decision made by Vodafone. The ombudsman does not handle complaints in relation to commercial decisions.

We trust this clarifies matters for you.

Kind Regards

Okay we need to go to the ombudsman.
A couple of points to note.
If this was going to CISAS they would definitely take on the case, however the Ombudsman does sometimes get stuck at the "Commercial decisions" point without realising the underlying reasoning - we can but try.
The actual rules for the ombudsman say they can not make decisions on:
"commercial decisions made by communications companies about whether to provide a product or service, and the terms under which they maybe provided;"
So strictly speaking there is nothing to stop them taking on the case.
It takes a while to put together an Ombudsman's case - so please bear with me.

RandomCurve

Vodafone customers - some good news


At least ONE person has had a reply to the fifth email containing a deadlock reference so they can go to the Ombudsman!!
I might write a sixth email for those who never received that response to see if we can get this moving in a more "official" capacity.

Sully1

RandomCurve wrote: »

Vodafone customers - some good news


At least ONE person has had a reply to the fifth email containing a deadlock reference so they can go to the Ombudsman!!
I might write a sixth email for those who never received that response to see if we can get this moving in a more "official" capacity.

Good news this .....the reply I have had post #1270 says any further correspondence regarding the the price increse will not be responded to. ... Dont know what will happen when i do reply?

KARLITO

Ok! Karlito has succeeded in part!

EE is to be instructed to cancel my contract, without charge, backdate to the 25th May, waving any charges occurred after that date, pay me £25 compensation, plus send me a PAC code! Awesome..
Thank you once again RandomCurve! The revised response to EE's decision, especially about how we, or I, was pathetically informed 'Oh, you had your chance to cancel beforehand'. has probably made the adjudicators, (in my case Claire Andrews), to decide wisely.
In truth, I had my response expertly tailored for me (or at least made a basis I think) at post 1072, but I hope it sets a trend for many more successful decisions Hope those who hadn't succeeded first time round, do eventually!
Now I think I shall find a 4G sim only deal ( Let us know of one, anyone knows), since I brought myself a LG G3 32GB, as i had sold my Note 3. Brought from a fantastic online German site, called ATELCO, (atelco.de) for a converted rate, from euros, to £487 (If paid by debit/credit card, as paypal has a crap conversion rate). Of course, this is for anyone who's interested

Cheers All!

Onwards and Upwards...

Mick_Cranes_Sidestep

skuk21 wrote: »

what is the porting process bud? do you just ring them up?

I went into the shop. Gave them the code, then the relevant number. Really quick. I just then selected the date for transfer 9today). All done with no fuss or hassle.