Mobile Phone Contract - Price Rise Refunds

Swampsnake

bobbyh1982 wrote: »

So got an email from EE today advising my compo cheque was being sent today, my refund for all monies paid since April 24th would be sent via bank transfer in 14 days, and my bill of £99 for this month (I've been using it in Spain) is to be waived!

Only thing is - they've cancelled my account so I can't use my bloody pac code!
Talk about petty!
I'm £300 and an iPhone 5s up though so I'm not particularly bothered, just seems a childish pathetic move by ee!

On to Three, £10 p/m. No more silly contracts for me!

Did the adjudicator say that EE should give you a PAC code? Did they give you one but you were a bit slow in using it because of your holiday?
I curious as I'm about to accept my adjudication win when I get back off my holidays in 2 weeks. I don't want to accept now as I don't want the hassle of switching networks while I'm in darkest Cornwall, but if they are starting to play silly burgers I had better get the process started. I REALLY don't want to lose my number.

Troy_Tempest

My daughters claim failed on T & C's and the adjudicator ignoring GC 9.6

Adjudicator’s findings and reasons 36. I find that:

(a) Firstly, dealing with the company‟s submission that this matter does not fall under the remit of the CISAS Scheme. I find that that this dispute does fall within the Scheme. I have come to that decision because I find that this dispute does not involve a complicated area of law.

(b) Further, I find that this dispute concerns the interpretation of the company‟s Terms and Conditions for the supply of communication services. CISAS is permitted to deal with disputes arising under the contract for communication services and as a consequence this dispute falls within the Scheme.

(c) The customer entered into her contract on 8th September 2013 it follows that this predates Ofcom‟s guidance which referred to contracts entered into on or after 23rd January 2014. I therefore find that Ofcom‟s guidance, which was that they may view an increase to the core subscription price agreed at the point of sale to be a material detriment does not apply to the customer‟s contract.

(d) I find that the company when amending the Terms and Condition and/or when informing the customer of the amendments did not breach the UTCCR. In my view and I so hold the change was not unfair.
9


(e) In my view the company are perfectly entitled to amend the contract in the manner which they have done. Further, I see no force in the customer's argument that the company should not be entitled to rely on the RPI measure. In my view, and I so hold, the use of the RPI measure by the company is fair and reasonable and provides more clarity for their subscribers.

(f) I do not accept the customer‟s submissions that another measure of inflation should be used. In my view, and I so hold, the RPI measure is universally understood and accepted and I find that its use by the company is appropriate.

(g) The company is not obligated, in my view, to use any other form of inflation measure. They have chosen to use the RPI measure and I find that they have applied that correctly to the customer's contract. I therefore find that the company have correctly applied clause 7.2.2.3 and that they have also provided the requisite written notice.

(h) I have carefully considered the scope of the increase to the cost of the customer‟s price plan. In my view and I so hold the increase applied by the company, which is in line with the RPI, does not give rise to material detriment and as a consequence I find that the customer is not entitled to be able to cancel her contract without having to pay a cancellation charge.

(i) It follows that the customer‟s claim is unsuccessful.

Conclusion
37. My conclusion on the main issue is that:

38. I find that the company did not breach the duty of care that they owe to the customer.

39. It follows that the customer‟s claim is unsuccessful.

D. G.
Adjudicator


As others who have failed have said, this is frustrating as her claim was exactly word for word (EE's defence and RC's responce) as Karlito's successful post #1072 and #1106



The adjudicators conclusions are almost the exact opposite of RedHeadPeter’s post #1409

Just following up my earlier quick post about my win, these are the words the adjudicator (Stacey Edgar) used:

Conclusion
11. My conclusion on the main issues is that:
a. The claim succeeds.
b. The company changed a term of its contract and imposed a price increase which caused material detriment to the customer.
c. The customer’s contract shall be terminated immediately without the imposition of a cancellation fee.
d. The company shall refund the customer all charges imposed after the original cancellation request on 25th April 2014.
e. The customer is awarded compensation in the amount of £50.00.
f. The company shall provide the customer with his PAC code.
6
Therefore my decision is that the claim succeeds and the company shall terminate the customer’s contract immediately, refund all charges imposed after 25th April 2014, provide the customer with his PAC code and compensation in the amount of £50.00.

So, how did anyone reply to the CISAS email? Just a straight forward “I reject this decision” or add more detail?
Going forward, should I go SCC route or to go with RC's http://forums.moneysavingexpert.com/...6#post66073126 T&C’s claim first (or both)?

pau1200

Hi,


Just an update on how I finally got on, even though EE argued and CISAS agreed they didn't have to refund my final bill had my last 2 bill amounts credited back as a good will gesture. My account is now closed and they provided me with an unlock code.


Thanks RC for your all your help

Mikmonken

RC, have you been forwarding the responses we're getting from Ofcom onto the press? just wondered if that's worth doing, so they can see why we're hounding Ofcom, and now just pestering because we "disagree with the responses"

ulaggy

So the new thread is for those of us who lost on price rise claim? I'd have asked in that thread but the other due was all "no questions! in his post so I don't dare!

I look forward to going again at EE/T-Mobile. At the rate it's going, my contract will be up by the time I get a resolution!

Mikmonken

[QUOTE=Troy Tempest

So, how did anyone reply to the CISAS email? Just a straight forward “I reject this decision” or add more detail?
Going forward, should I go SCC route or to go with RC's http://forums.moneysavingexpert.com/...6#post66073126 T&C’s claim first (or both)?[/QUOTE]

Just reject it CISAS don’t really engage once the Adjudicator has made a decision, it’s really frustrating when you see so many claims winning and yours doesn’t

For info my rejection was as follows

With reference to the above claim, please take this email as notification that I reject the adjudicators decision.

The adjudicator in this instance has seemingly based the crux of decision around me not terminating my contract in relation to change in t&c’s in March. This was not an opportunity i was afforded at the time, and indeed would not have been of material detriment to be.

This particular adjudicators decision is inconsistent with other outcomes based on identical claims therefore I have no option but to reject the decision in this instance.

Regards

Now you just need to sit tight and wait for RC to work his magic over here https://forums.moneysavingexpert.com/discussion/comment/66073126#Comment_66073126 and also remember to send the emails to OFCOM copying in the press (see this post http://forums.moneysavingexpert.com/showpost.php?p=66059117&postcount=1406 ) it’s really important that we keep the pressure on ofcom to look into this, if we can convince them to actually look into it we’ll all be more likely to win on the next claim.

Troy_Tempest

Thanks for that,
Ofcom email already sent,

skuk21

bobbyh1982 wrote: »

So got an email from EE today advising my compo cheque was being sent today, my refund for all monies paid since April 24th would be sent via bank transfer in 14 days, and my bill of £99 for this month (I've been using it in Spain) is to be waived!

Only thing is - they've cancelled my account so I can't use my bloody pac code!
Talk about petty!
I'm £300 and an iPhone 5s up though so I'm not particularly bothered, just seems a childish pathetic move by ee!

On to Three, £10 p/m. No more silly contracts for me!

I have moved all three of my numbers but am still waiting for my refund.

First I was told part of it would be via BACS and the compensation element would be via cheque.

Now I am being told that it will all be refunded via cheque.

Really not sure what is going on. It has been over 21 days since my promised refund

bobbyh1982

skuk21 wrote: »

I have moved all three of my numbers but am still waiting for my refund.

First I was told part of it would be via BACS and the compensation element would be via cheque.

Now I am being told that it will all be refunded via cheque.

Really not sure what is going on. It has been over 21 days since my promised refund

£100 compo cheque received this morning, day after they said it would be sent.

I await my BACS payment.....

RandomCurve

pau1200 wrote: »

Hi,


Just an update on how I finally got on, even though EE argued and CISAS agreed they didn't have to refund my final bill had my last 2 bill amounts credited back as a good will gesture. My account is now closed and they provided me with an unlock code.


Thanks RC for your all your help

Which I think goes to prove that if the contract is cancelled from date X EE have no legal basis on which to charge you from that date. I may be wrong on that but it seems like basic legal stuff to me (I'm not legally trained).


I've also just remembered that there is something called "past consideration" which basically means if somebody carries out a service for you and you have not requested that service (in this case you have actively told them to cancel the contract) then they can not charge you for that for service.
A simple example:
If that rule did not exist anybody could come and wash your house windows and then legally demand payment (at whatever level they wanted to - say £100 a window!) As the law stands if they decide to wash your windows in the hope that you will pay them you can legitimately tell them to Bug.... (well you get the idea)