Mobile Phone Contract - Price Rise Refunds

edi

The.Real.Me wrote: »

And if you pay EE to unlock your phone before you accept the decision you 'may' get that cost back as well :j

Perhaps Random Curve or anyone else who has done so could clarify if that would indeed be the case?

Reckon this was mentioned before... perhaps RC or someone else could clarify

snakeyface

Hi all,

I won my CISAS case, and EE were ordered to give me an apology. The EE lawyer who emailed me afterwards conveniently omitted this, so I reasserted my right to an apology. Her response:

"Please accept our apologies for the oversight in our failure to provide an apology as directed, we therefore confirm that we apologise for any inconvenience that was caused in relation to your complaint.

We hope that the above clarifies matters for you."


Thought you might get a laugh out of this!

edi

snakeyface wrote: »

Hi all,

I won my CISAS case, and EE were ordered to give me an apology. The EE lawyer who emailed me afterwards conveniently omitted this, so I reasserted my right to an apology. Her response:

"Please accept our apologies for the oversight in our failure to provide an apology as directed, we therefore confirm that we apologise for any inconvenience that was caused in relation to your complaint.

We hope that the above clarifies matters for you."


Thought you might get a laugh out of this!

We apologize for not apologizing as asked by the adjudicator to apologize to you and here is the apology

Preeble

Emailed EE trying to get my payments for the last 3 months of a phone ive not used refunded:

Dear Carmel,


Thank you for your prompt response, however, you are incorrect when you state: "[FONT=&quot]However, the adjudicator in the decision did not make an award for a refund of charges in the decision. Therefore there is no requirement to refund any charges. [/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]We have complied fully with the decision and will not be making any refund of payments.[/FONT]"
[FONT=&quot]
[/FONT]
"I am satisfied that the company should have terminated the customer’s contract without penalty and provided him with a PAC code when he made the request on 9 April 2014. Based on the terms and conditions of the customer’s contract with the company, I note that the customer was required to provide 14 days written notice to terminate his contract without charge. As the customer provided notice of termination on 9 April 2014, I find that it is fair and reasonable that the contract be terminated without penalty, backdated to 23 April 2014. Consequently, I direct that the company terminates the customer’s contract, backdated to 23 April 2014 without penalty and provides the customer with a PAC code."


The adjudicators decision, as quoted above, was for a BACKDATED (to 23/04/2014) penalty free cancellation. A backdated cancellation can mean nothing less than a refund from that date as from that date the contract is cancelled. Any service provided is not provided under a contract and therefore is past consideration which I am not willing to pay, this service was unwanted and payments were only made due to EE refusing me a cancellation. So I ask again, can EE please confirm the amount owed to me? and when this will be sent? I also would like to make EE aware I will take this to the County Court Small Claims if you will not refund all charges taken from me after I had specifically requested cancellation and whilst a contract was not in place.
Regards



So EE emailed CISAS:


[FONT=&quot]Dear CISAS
[/FONT]
[FONT=&quot]The adjudicator’s decision provides that:-[/FONT]
[FONT=&quot] The company shall terminate the customer’s contract without penalty (this being backdated to 23 April 2014) and provide the customer with a PAC code.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It is EE’s view that the provision to ‘cancel without penalty backdated to 23 April 2014’ means that we allow the customer to cancel his contract without applying a cancellation charge. This we have done and provided him with the PAC.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It is the customer’s view that such includes a refund of charges incurred from that date.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]EE disagree with the customer’s version as there is no provision or reference to any charges being refunded. We therefore request that this matter be put before an adjudicator for comment [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have copied the customer into this email.[/FONT]
[FONT=&quot][/FONT][FONT=&quot]Regards [/FONT]
[FONT=&quot] [/FONT][FONT=&quot]Carmel Codd[/FONT]




I followed up with an email to CISAS:


If this is EEs position on the decision I am disappointed, as the adjudicators decision stating "this to be backdated to 23 April 2014" means nothing to EE, this line was included for a reason, if the adjudicators decision was just for a penalty free cancellation, that was all he would have put. In the matter of fairness and finally bringing this long drawn out stressful situation to a close, may I request the ORIGINAL adjudicator that issued the decision states in a basic form EE can understand what was meant by the decision of a BACKDATED penalty free cancellation, rather than any adjudicator as EE have proposed as it is clear this term can be misconstrued and only the original adjudicator will be able to make comment and settle this fairly.
Regards



and finally this was the adjudicators email:


[FONT=&quot]We acknowledge receipt of copy of correspondence between yourself and the company and have referred this to the Adjudicator. Please see his comments below:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“I have reviewed the query and the reason why I made no direction regarding the refund of any payments incurred after the contract was cancelled is because no such remedy was specifically requested in the customer’s application form. Under CISAS rules I can only award remedies specifically claimed and I cannot consider new claims brought subsequently.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Therefore, in my view EE have complied with my directions. The customer did not ask for a refund so EE are not required to make any refund.”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We trust the above clarifies matters.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards


This is such a joke, I'm going to try one more email to EE to try and get them to refund the payment, as an unrelated to my CISAS matter, as if my contract was cancelled from date X any payments made must be refunded, I'll probably make it my letter before action for taking this to SCC. Although i was wondering one thing, under the direct debit guarentee, I should be able to get the disputed payments returned from my bank without question, then it will be down to EE to prove I legally owe them this money? would this be a better option than SCC.
[/FONT]

rockstarzzz

Do we have a list of pro-EE ones?

Pilotmic

Preeble wrote: »

Emailed EE trying to get my payments for the last 3 months of a phone ive not used refunded:

Dear Carmel,


Thank you for your prompt response, however, you are incorrect when you state: "[FONT=&quot]However, the adjudicator in the decision did not make an award for a refund of charges in the decision. Therefore there is no requirement to refund any charges. [/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]We have complied fully with the decision and will not be making any refund of payments.[/FONT]"
[FONT=&quot]
[/FONT]
"I am satisfied that the company should have terminated the customer’s contract without penalty and provided him with a PAC code when he made the request on 9 April 2014. Based on the terms and conditions of the customer’s contract with the company, I note that the customer was required to provide 14 days written notice to terminate his contract without charge. As the customer provided notice of termination on 9 April 2014, I find that it is fair and reasonable that the contract be terminated without penalty, backdated to 23 April 2014. Consequently, I direct that the company terminates the customer’s contract, backdated to 23 April 2014 without penalty and provides the customer with a PAC code."


The adjudicators decision, as quoted above, was for a BACKDATED (to 23/04/2014) penalty free cancellation. A backdated cancellation can mean nothing less than a refund from that date as from that date the contract is cancelled. Any service provided is not provided under a contract and therefore is past consideration which I am not willing to pay, this service was unwanted and payments were only made due to EE refusing me a cancellation. So I ask again, can EE please confirm the amount owed to me? and when this will be sent? I also would like to make EE aware I will take this to the County Court Small Claims if you will not refund all charges taken from me after I had specifically requested cancellation and whilst a contract was not in place.
Regards



So EE emailed CISAS:


[FONT=&quot]Dear CISAS
[/FONT]
[FONT=&quot]The adjudicator’s decision provides that:-[/FONT]
[FONT=&quot] The company shall terminate the customer’s contract without penalty (this being backdated to 23 April 2014) and provide the customer with a PAC code.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It is EE’s view that the provision to ‘cancel without penalty backdated to 23 April 2014’ means that we allow the customer to cancel his contract without applying a cancellation charge. This we have done and provided him with the PAC.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It is the customer’s view that such includes a refund of charges incurred from that date.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]EE disagree with the customer’s version as there is no provision or reference to any charges being refunded. We therefore request that this matter be put before an adjudicator for comment [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have copied the customer into this email.[/FONT]
[FONT=&quot][/FONT][FONT=&quot]Regards [/FONT]
[FONT=&quot] [/FONT][FONT=&quot]Carmel Codd[/FONT]




I followed up with an email to CISAS:


If this is EEs position on the decision I am disappointed, as the adjudicators decision stating "this to be backdated to 23 April 2014" means nothing to EE, this line was included for a reason, if the adjudicators decision was just for a penalty free cancellation, that was all he would have put. In the matter of fairness and finally bringing this long drawn out stressful situation to a close, may I request the ORIGINAL adjudicator that issued the decision states in a basic form EE can understand what was meant by the decision of a BACKDATED penalty free cancellation, rather than any adjudicator as EE have proposed as it is clear this term can be misconstrued and only the original adjudicator will be able to make comment and settle this fairly.
Regards



and finally this was the adjudicators email:


[FONT=&quot]We acknowledge receipt of copy of correspondence between yourself and the company and have referred this to the Adjudicator. Please see his comments below:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“I have reviewed the query and the reason why I made no direction regarding the refund of any payments incurred after the contract was cancelled is because no such remedy was specifically requested in the customer’s application form. Under CISAS rules I can only award remedies specifically claimed and I cannot consider new claims brought subsequently.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Therefore, in my view EE have complied with my directions. The customer did not ask for a refund so EE are not required to make any refund.”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We trust the above clarifies matters.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards


This is such a joke, I'm going to try one more email to EE to try and get them to refund the payment, as an unrelated to my CISAS matter, as if my contract was cancelled from date X any payments made must be refunded, I'll probably make it my letter before action for taking this to SCC. Although i was wondering one thing, under the direct debit guarentee, I should be able to get the disputed payments returned from my bank without question, then it will be down to EE to prove I legally owe them this money? would this be a better option than SCC.
[/FONT]

I love this remedy, this exact almost word for word thing just happened to my father in law. Its unbelievable! No contract means you can be charged. I will be doing the same as you on behalf of him and going against this as a direct debit issue. We can in the mean time get in touch with EE and ask for a letter confirming the contract termination date as it should state that it was april, which then means we can go to the bank and complain.

rockstarzzz

Pilotmic wrote: »

I love this remedy, this exact almost word for word thing just happened to my father in law. Its unbelievable! No contract means you can be charged. I will be doing the same as you on behalf of him and going against this as a direct debit issue. We can in the mean time get in touch with EE and ask for a letter confirming the contract termination date as it should state that it was april, which then means we can go to the bank and complain.

I think for all the "backdated" rulings, probably direct debit guarantee dispute is a way forward. That leaves EE to waste more money in trying to prove a moot point. They lack knowledge in "human English" and I think they will learn the hard way.

traylerc

Does anyone know if CISAS has a REAL PERSON contact number so I can speak to someone? Only number I can find is there 020 7520 3827, but that's only for people who want to make a NEW claim and is just an automated call... :S

EDIT:

Ok I found out the number is 02075 203814
I hope this helps people out. I needed the number to get a message directly to my Adjudicator so he can email and send me a letter confirming what the term BackDating means, so EE can can't wiggle there way out if paying!

I recommend people who have or are about to accept to get a statement clarifying about the term "Backdating", and maybe if enough of us get the near same reply we could request there website add's the meaning of Backdating so no one in the future has any more trouble again!

factor29

I'm not sure how helpful the obmudsman service is going to be.

This morning I got two emails from them.

One saying they couldnt take my case because I hadnt waited 8 weeks or received a deadlock letter.

The other saying they could take my case but could I supply them with:

• The date you first noticed the problem.
• The date you first told the company about the problem.
• Your account number.
• The address where the account is held.
• Daytime contact telephone numbers for you and times you are available to speak to us.
• If you are a small business, please confirm that you spend less than £5,000 per year with
Vodafone or that you employ fewer than 10 people.
• A brief summary of your complaint.
• How you have been in touch with Vodafone.
• If you have copies of any letters or emails which you have sent to Vodafone. Please confirm
the specific departments and addresses that you have sent these to. We also need to know
when these were sent.
• Details of any telephone calls made or received, including dates, times and the names of the
people you spoke to.



The worrying part is not only that one email says no, the other says yes (both sent this morning within an hour of each other) - but the fact that my complaint detailed I had received my deadlock letter, detailed my initial complaint date (which was 8 weeks ago yesterday) and also had the majority of the information they are asking for now.



But I have replied giving them all the information again so see where it goes from there!

gadgetshop

used my PAC code yesterday on a Tesco 1 month sim only just to try. got email off EE this morning saying they've backdated to 3rd June, like CISAS stated, and I'll get £44 refund and this months bill been waived, I'd already cancelled DD anyway.


Thank you RC & everyone else.
I'll be making a donation to your charity once I get my refund RC, least I could do