Mobile Phone Contract - Price Rise Refunds

starsailor123uk

ulaggy wrote: »

You can't appeal CISAS rulings (sadly for us that lost). You'd have to reject the decision then go to Small Claims, but they don't do compensation and I can't help but think that SCC would probably frown on you rejecting what was effectively a win. Personally, I'd just be happy with what you got!

But how about when CISAS make a decision which states

" I direct that the company terminates the customer's contract with penalty (this being backdated to 4 March 2014) and issue a written apology to the customer "

I accepted this in the belief that the "backdated" reference clearly makes my contract null and void from the 4th March 2014. I even referenced refunds in some of my emails with EE getting my PAC sorted

It was only after the porting was done and EE sought to "clarify" the term backdate that the arbitrator came up with a perverse interpretation that the backdating did not mean any refunds would be due as they were not specfically asked for ( I didn't feel the nee to ask for them as night follows day and if EE had done the right thing in the beginning it would have been unnecessary )

I'm in a quandry as I intended to take out a small claims court on that specific point that EE did not comply with the CISAS arbitration and as such either

Orange/EE owe myself a full and total refund of charges made since 4th March 2014

CISAS, by engaging in post decision review, with Orange in contradiction to its policy and in its interpretation of a common legal term in an abnormal way have allowed Orange/EE to avoid its lawful payments and as such should nsure that I'm not at a financial loss due to their error

Any Advice welcome as I was just about to complete my Money Claim Online

Mikmonken

starsailor123uk wrote: »

But how about when CISAS make a decision which states

" I direct that the company terminates the customer's contract with penalty (this being backdated to 4 March 2014) and issue a written apology to the customer "

I accepted this in the belief that the "backdated" reference clearly makes my contract null and void from the 4th March 2014. I even referenced refunds in some of my emails with EE getting my PAC sorted

It was only after the porting was done and EE sought to "clarify" the term backdate that the arbitrator came up with a perverse interpretation that the backdating did not mean any refunds would be due as they were not specfically asked for ( I didn't feel the nee to ask for them as night follows day and if EE had done the right thing in the beginning it would have been unnecessary )

I'm in a quandry as I intended to take out a small claims court on that specific point that EE did not comply with the CISAS arbitration and as such either

Orange/EE owe myself a full and total refund of charges made since 4th March 2014

CISAS, by engaging in post decision review, with Orange in contradiction to its policy and in its interpretation of a common legal term in an abnormal way have allowed Orange/EE to avoid its lawful payments and as such should nsure that I'm not at a financial loss due to their error

Any Advice welcome as I was just about to complete my Money Claim Online

can you PM your email as I when this came out I followed up with CISAS, slightly tongue in cheek, but they stated that no adjudicators decisions had been changed... I'll forward it on for in if you want it?

Mikmonken

I'd be slightly weary though as if you didn't specifically ask for the Penalty to be back dated in your claim, technically the Adjudicator made a mistake, is that a clerical error, possibly, but you could argue you accepted the claim on the basis that it was back dated till March.

Ironically it's like you agreed to T&C's with EE and then they changed them once you'd agreed to the terms.

Before you go to SCC check whether you have any legal cover in your home insurance or as part of your bank account, as they'll be able to offer you some advice on the matter, i've used them before and they're really quite helpful.

starsailor123uk

Mikmonken wrote: »

can you PM your email as I when this came out I followed up with CISAS, slightly tongue in cheek, but they stated that no adjudicators decisions had been changed... I'll forward it on for in if you want it?

No need I have a complaint with CISAS (IDRS) which makes the point that they did change effectively the decision.

As for your other point if the clerical error is including referencing backdating I think that would not stand scrutiny by the SCC as a clerical error.

A clerical error would be if it said say backdated to 2004 as it is obvious error to all sides and clearly wrong.

In my case I have reasonably relied on what the decision said and if they remove backdating they effectively change the decision on which I accepted

Swampsnake

Just this second had my decision back......

Drum roll please.....

Claim succeeded in full!!

Decision
1. The claim succeeds.
2. I direct the company to pay compensation in the amount of £92.00 to the customer; to cancel his contract without applying a cancellation charge, backdated to 20 May 2014, waiving any charges incurred after that date; and to provide him with a PAC.

Thank you so much RC. Without your help this would not have been possible. :beer:

ulaggy

Swampsnake wrote: »

Just this second had my decision back......

Drum roll please.....

Claim succeeded in full!!

Decision
1. The claim succeeds.
2. I direct the company to pay compensation in the amount of £92.00 to the customer; to cancel his contract without applying a cancellation charge, backdated to 20 May 2014, waiving any charges incurred after that date; and to provide him with a PAC.

Thank you so much RC. Without your help this would not have been possible. :beer:

Boo Hiss! Grumble grumble.


Seriously though, well done. It is great that at least most people are winning!

Maccadinho25

ulaggy wrote: »

Boo Hiss! Grumble grumble.


Seriously though, well done. It is great that at least most people are winning!

Just makes a further mockery of CISAS and their criteria however!

ladymarmalade222

Had my decision back today, I received notice of adjudicator then my decision around an hour later. My Adjudicator was Clive Sanders.

I won in part, he agreed my contract should be cancelled and backdated until 27 June (I started the claim on 27th May but he said I would have had to give 30 days notice which brings it to 27th June).Also I must be issued a PAC.

He didn't agree to compensation or unlocking of phone but I'm more than happy!

I am over the moon as I only took the contract on 20th December for 2 years but now I am out of the contract due to their greed:D

Thank you RC for all your help, we would not have managed this without you:T

Take Care

xxx

zcakg26

Hey Guys,

So I just had my response from TMOB to my CISAS claim and by the looks of what I am reading it seems as though they have DENIED it.
I don't entirely understand everything they have said but I have received two documents (one being the defense from the respondent TMOB and the other being the terms and conditions). I would greatly appreciate if someone could have a look at these documents they are in PDF format and provide me some advice on how to respond.
I have 5 days from the 14th of July (MONDAY) which means 2 days have already elapsed.

Congratulations on all the successes I have seen.
Any help would be greatly appreciated.

Thank you.

Swampsnake

It sounds like you have received a copy of T-Mobile's defence to your claim. You now have to reply to this and then your case is assigned to an adjudicator, so you haven't lost yet!

You need to follow RC's template, so go to http://fightmobileincreases.com and look at the page for T-Mobile/EE. You need to examine the document that EE have sent very carefully to make sure the paragraph numbers in you reply match up with the defence document.

Good luck! It can be a little daunting but take your time and read everything twice before sending to make sure everything is ok as there were a couple of typos in the reply document I needed to change on mine. It is well worth the effort.