Mobile Phone Contract - Price Rise Refunds

ulaggy

RandomCurve wrote: »

Should be out on Thursday - if all goes well, thanks


I think you approach from afresh - unless the adjudicator has specifically stated that you should have cancelled when the T&Cs changed - in which case we will use that

Good to hear. Fingers crossed for you!

"In light of the fact that the customer does not appear to have disputed the change in terms and conditions when it was amended, I consider it reasonable to understand that the customer agreed to the revised contract terms. The clause is clear and unambiguous. As such, I accept that the customer is bound by the terms of the contract."

Hmm, yeah. Because of course T-Mobile told me I had the right to do so. And I didn't agree to the changed terms, I didn't know I was even able to dispute them. And that is the crux behind all of this stuff. If more and more customers disputed business practices, then companies would stop misbehaving!

"Therefore, having considered the parties’ submissions, I do not accept that the increase gives the customer the right to terminate the contract without penalty on the grounds of the changes being of material detriment to him. The customer had an opportunity to dispute the new terms when they were amended, but chose not to do so. As such, I accept that the company is able to increase the price plan in line with the RPI."

She didn't quite say that I would have won if I'd disputed the terms, but does say that I should have disputed them.

Mikmonken

RandomCurve wrote: »

Should be out on Thursday - if all goes well, thanks


I think you approach from afresh - unless the adjudicator has specifically stated that you should have cancelled when the T&Cs changed - in which case we will use that

Mine too referred to that

RedHeadPeter

I am gobsmacked that two claims, in virtually identical circumstances, can get different results because of different interpretations by different adjudicators and that somehow CISAS think this is fair and reasonable - or are they just not aware it is happening?

Mikmonken

RedHeadPeter wrote: »

I am gobsmacked that two claims, in virtually identical circumstances, can get different results because of different interpretations by different adjudicators and that somehow CISAS think this is fair and reasonable - or are they just not aware it is happening?

the adjudicators are all independent and it's there views so precedent doesn't apply. CISAS don't care they're just the middleman really. it's shocking but having read nearly all the posts in this thread, it all seems to be down to which adjudicator you get, some are pro consumer some are pro provider.

RedHeadPeter

Day after sending e-mail to CICAS accepting decision I get an e-mail from Carmel Codd (Senior Legal Counsel) at EE saying my PAC has been requested and will be sent by text within 10 days and that £162.84 being charges since April plus my £50 compensation will be sent by BACS within 21 days.

I can get PAC quicker but involves telling them so they can cancel the cancellation charge that will automatically be applied if I call Customer Service to get it - sounds like too many things to go wrong. I can wait up to 10 days.

Mick_Cranes_Sidestep

I have had my PAC and further emails telling me a cheque will be sent for the back dated payment and compensation. I am over 21 days, but am prepared to give them another few days before chasing.

sick_of_paying_more

hi I'm hoping random curve or someone else knowledgable can assist me with the reply i have received from cisas with reference to my last post. i asked the following question and was advised the best way to reply
Quote:
Originally Posted by sick_of_paying_more
can someone tell me the best way to accept a cicas decision, i know that i have to email them but do i need to add anything to the email to cover all bases if ee decide to do something dodgy to frustrate the process?
thanks in advance

RandomCurve wrote: »

If the decision clearly states back dated and refund then accept. If it just says "backdated" then "I accept the decision on the basis that a Backdated cancellation (to when EE should have cancelled the contract) means that all sums taken under the contract since the backdated date are refunded as from that date there is no contract for EE to apply a charge to."

anyway cisas have replied today saying this:-
Thank you for your email. Please be advised the adjudicator’s decision can only be accepted as it stands without any conditions. The adjudicator has not directed for the company to provide you with a refund.

In light of the above, we would be grateful if you could confirm you are therefore accepting the decision as it stands. Please note if you are not satisfied with the decision, you are at liberty to reject this and seek independent legal advice.

Kind regards

my decision said this:-

Therefore, my decision is that the customer’s claim succeeds in part. The company shall terminate the customer’s contract without penalty (this being backdated to 23 April 2014) and provide the customer with a PAC and compensation in the amount of £25.00.


does anyone have any views on this, i have to accept by tomorrow, should i just accept outright or point out that any charges after 23rd april need to be refunded also as the contract is effectively terminated from that , i have made some use of the phone but nothing excessive. my worries is that if i prolong this after tomorrow whether cisas will see this as not accepting within the time frame given?
any help would be graciously received
:beer:

blackaqua

+1 victory, £60 comp, backdated cancellation to first letter, not initial complaint phone call as I didn't detail who I spoke to and an outline of the conversation.

I didn't follow RC templates, though he helped with a defence point, so thanks for that. My case rested on the fact that my price increase was greater than RPI as I had a discounted contract.

CISAS Decision point for others:
The customer has the right to cancel without paying a cancellation charge if the increase in his Price Plan Charge is more than the increase in RPI (clause 7.2.3.3). The term Price Plan Charge is defined at the beginning of the Terms and Conditions. It is the charge for the Price Plan Service, which includes the Monthly Charge for the price plan. The term Monthly Charge is defined as the amount the customer pays each month in advance for his price plan service. The customer actually pays £x per month for his price plan, not £x. An increase of £x per month is therefore an increase of 5.x%, i.e. an increase greater than the percentage increase in RPI. Given that the company gave notice to increase his price plan charge by more than RPI, the customer was entitled to cancel his contract without paying a cancellation charge. I therefore find that the company breached the contract between the parties by not allowing him to do so.

EE also stated that they changed my contract terms (26 March) in their defence letter. I hadn't received anything so I requested EE provide proof of receipt. CISAS ruled in light of EE providing no evidence, my old contract terms would be valid (minor point in my case as it didn't affect my argument) - good news for those going for the new T&C defences.

On my (and others) victory point regarding the lack of a discount clause - expect EE to issue new T&Cs as anyone with a loyalty discount could cancel after any price rise in theory? This clause would be detrimental, so anyone would be able to cancel following this.

Swampsnake

Mick_Cranes_Sidestep wrote: »

I have had my PAC and further emails telling me a cheque will be sent for the back dated payment and compensation. I am over 21 days, but am prepared to give them another few days before chasing.

Please can I ask how long after you accepting the CISAS decision did you receive your PAC code? I'm off to Cornwall at the weekend and I don't particularly want to be messing around organising a new telco while I'm away, but also if they take a while I don't want to be waiting ages for a code after I get back after a couple of weeks.

sick_of_paying_more

Many thanks for that rc!! :T