Mobile Phone Contract - Price Rise Refunds

gadgetshop

zcakg26 wrote: »

So looks like the decision was in my favour.

The claim was successful using RCs (MUCH THANKS couldn't have done it without you) amended template response to Tmobile's change in response. Long story short:

1) Claim succeeds

2) Contract shall be terminated immediately without the imposition of a cancellation fee.

3) Refund the customer all charges imposed after the original cancellation request on 1st May 2014.

4) Awarded compensation in the amount of £52.00.

5) Company shall provide the customer with his PAC code.

I haven't been paying attention to this forum as of late but I hope others have been successful and good luck to those who are still continuing.

My adjudicator was a Ms S E.

Just a few questions: where do I go from here to continue with this? or how do I continue with this? How do i accept this decision? Do i go straight to Tmobile?

If I want to change my number do I still take the PAC code but say I'm not going to use it?

I also saw that for some people Tmobile tried to be sneaky and not pay up (i.e. refund the the charges after a certain date) when even though the claimant won.

Much Thanks

I just replied to email from CISAS saying I accept the decision etc etc who acknowledged this and then about a week later I emailed EE to give a little push (plus I was getting email offers to upgrade early, which I've never had before) who then confirmed I would receive PAC and once used to let them know so they could work out any refund due. PAC code arrived a week later and I put it on a sim only for now a: just to get rid of EE and b: to try Tesco network

sick_of_paying_more

hi rc,
have just had the following email from ee, it makes no reference to refund of line rental (had the charges clarified- no go!) should i question this or will they work out what is due to me once i use the pac code?
We refer to the above and to your acceptance of the adjudicator’s decision.

I confirm that we have requested the PAC codes for your mobile number and will allow you to terminate from the EE network without applying a cancellation charge. Please allow up to 21 days for receipt of your PAC, this should be sent to you by way of text message.


Please note that we cannot cancel your accounts until the PAC has been used. Should you wish to receive your PAC earlier please contact customer services by dialling 150 from your handset. The issue of the PAC via this method will be subject to the acceptance of any cancellation charges. Should you choose this option please confirm by return so that we can then waive the cancellation charges.

We are in the process of arranging payment in the sum of £25.00 as per the compensation element. Please allow 21 days for receipt of the sums by way of a cheque payment.

Kind regards


have sent a donation to your charity, thanks for your help so far!!

RandomCurve

sick_of_paying_more wrote: »

hi rc,
have just had the following email from ee, it makes no reference to refund of line rental (had the charges clarified- no go!) should i question this or will they work out what is due to me once i use the pac code?


.................



have sent a donation to your charity, thanks for your help so far!!

I would question this as it seems like another case of EE trying to avoid "backdating" the cancellation - see a few posts back for some ideas of how to broach it with EE and the Ombudsman.


Thank you for making a donation.

RandomCurve

factor29 wrote: »

Has anyone on Vodafone heard back from the Ombudsman yet?

Still waiting to hear from them after I sent further details

I'm not aware that anybody has.

sick_of_paying_more

Rc have had the following back from ee, they really want to play funny with this one and below that is my reply cobbled from a few posts on here!!
Do you have any comments or ideas with this please??
Dear CISAS



The adjudicator’s decision provides that:-



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.



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 the contract without applying a cancellation charge. This we have done and provided her with the PAC.



It is the customer’s view that such includes a refund of charges incurred from that date.



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



I have copied the customer into this email.



Kind regards

My reply was as follows

I wish to add my comments on this if it is going back before the adjudicator.

In my application to CISAS I clearly stated "Action Required: Give a back dated penalty free cancellation and a PAC and unlock code" a BACKDATED penalty Free cancellation which by implication backdated means without charge since the date of termination, otherwise I would have requested an "immediate penalty free Termination" which is what has been given by EE and not what was requested OR the adjudicators decision I accepted in this case


This is clearly another penalty being imposed on me due to EE's refusal to comply, for which I should not be punished.
EE INCORRECTLY refused to allow me to leave my conrtact with them on the 23rd April, any payments made after this date should never have been taken, as my contract would have ended on the 23rd April, had EE not shown a complete disregard for ofcoms rules, specificly general condition 9.6.
Why would the adjudicator specificly state my decision is to be backdated to the 23rd April (14 days written notice from 9th april) if it was not his intention that all charges after this date were to be repaid?
It is clear to me that EE recognize that the end of your contract can mean nothing less than the end of your billing, as of the 23rd April this would clearly indicate no more bills should be taken, therefore any payments after this date should be returned.
The adjudicator has since written to me to say that call charges are not refundable, how can this be if in effect I should no longer have been in contract after 23rd April ?
I would like the adjudicator to take in to context what should happen after he has already stated that the contract should not be enforced after the 23rd April

The.Real.Me

sick_of_paying_more wrote: »

Rc have had the following back from ee, they really want to play funny with this one and below that is my reply cobbled from a few posts on here!!
Do you have any comments or ideas with this please??
Dear CISAS



The adjudicator’s decision provides that:-



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.



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 the contract without applying a cancellation charge. This we have done and provided her with the PAC.



It is the customer’s view that such includes a refund of charges incurred from that date.



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



I have copied the customer into this email.



Kind regards

My reply was as follows

I wish to add my comments on this if it is going back before the adjudicator.

In my application to CISAS I clearly stated "Action Required: Give a back dated penalty free cancellation and a PAC and unlock code" a BACKDATED penalty Free cancellation which by implication backdated means without charge since the date of termination, otherwise I would have requested an "immediate penalty free Termination" which is what has been given by EE and not what was requested OR the adjudicators decision I accepted in this case


This is clearly another penalty being imposed on me due to EE's refusal to comply, for which I should not be punished.
EE INCORRECTLY refused to allow me to leave my conrtact with them on the 23rd April, any payments made after this date should never have been taken, as my contract would have ended on the 23rd April, had EE not shown a complete disregard for ofcoms rules, specificly general condition 9.6.
Why would the adjudicator specificly state my decision is to be backdated to the 23rd April (14 days written notice from 9th april) if it was not his intention that all charges after this date were to be repaid?
It is clear to me that EE recognize that the end of your contract can mean nothing less than the end of your billing, as of the 23rd April this would clearly indicate no more bills should be taken, therefore any payments after this date should be returned.
The adjudicator has since written to me to say that call charges are not refundable, how can this be if in effect I should no longer have been in contract after 23rd April ?
I would like the adjudicator to take in to context what should happen after he has already stated that the contract should not be enforced after the 23rd April

I already sent this to RC via facebook and my result specifically says EE are to waive the charges on my account from 12th April when I first complained

"Decision
1. The claim succeeds in part.
2. I direct that the company compensates the customer in the sum of £xx:xx; provide a written apology to the customer; allow the customer to terminate the contract penalty free (backdated to xx April 2014); provide a PAC code to the customer; waive all charges incurred on the customer’s account from xx April 2014 onwards"

sick_of_paying_more

The.Real.Me wrote: »

I already sent this to RC via facebook and my result specifically says EE are to waive the charges on my account from 12th April when I first complained

"Decision
1. The claim succeeds in part.
2. I direct that the company compensates the customer in the sum of £xx:xx; provide a written apology to the customer; allow the customer to terminate the contract penalty free (backdated to xx April 2014); provide a PAC code to the customer; waive all charges incurred on the customer’s account from xx April 2014 onwards"

hi the.real.me.

my result from the adjudicator said the following

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.

is it me or am i reading something different to what EE seem to be seeing? i specifically asked for clarification from cisas regarding backdated charges i.e calls etc and was told i couldn't have these back (not that i use the phone that much anyway) however nothing was mentioned about line rental, however how can i be charged line rental when the adjudicator said to terminate the contract from the 23rd ? EE are not making this easy!!!!:mad::mad::mad:

RandomCurve

sick_of_paying_more wrote: »

hi the.real.me.

my result from the adjudicator said the following

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.

is it me or am i reading something different to what EE seem to be seeing? i specifically asked for clarification from cisas regarding backdated charges i.e calls etc and was told i couldn't have these back (not that i use the phone that much anyway) however nothing was mentioned about line rental, however how can i be charged line rental when the adjudicator said to terminate the contract from the 23rd ? EE are not making this easy!!!!:mad::mad::mad:

If CISAS still come down on the side of EEs view, then send EE a "letter before Action" (head it up as such) and say that you will take this to the SCC as they have taken funds from you when no contract was in place. EE will make you submit a claim to SC but I think they will settle before a hearing, and if they don't I'm 95% sure they would lose.

The.Real.Me

sick_of_paying_more wrote: »

hi the.real.me.

my result from the adjudicator said the following

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.

is it me or am i reading something different to what EE seem to be seeing? i specifically asked for clarification from cisas regarding backdated charges i.e calls etc and was told i couldn't have these back (not that i use the phone that much anyway) however nothing was mentioned about line rental, however how can i be charged line rental when the adjudicator said to terminate the contract from the 23rd ? EE are not making this easy!!!!:mad::mad::mad:

@sick_of_paying_more

From what I can see the difference between mine and yours is mine specifically says to waive all charges, that makes me think there is no wriggle room in my adjudication, whereas yours leaves it open for a company looking for a way out to TRY and get out!

Samarkand

WEE T-Mobile had until today to reply to CICAS with there evidence, not arrived but i guess CICAS will allow them an extension.

Can i ask CICAS to refuse this extension as one of my points is there non existent Customer Service and never getting back to you on time.

Regards