Mobile Phone Contract - Price Rise Refunds

Martinmal1

EE playing silly games with me at the minute, had 2 wins on 2 contracts one was sorted quickly and the other was supposed to be done before the 21st August and they are still dragging there heels.

Cisas very little help so may have to go to the SCC and will be sending the letter before action today

RandomCurve

Martinmal1 wrote: »

EE playing silly games with me at the minute, had 2 wins on 2 contracts one was sorted quickly and the other was supposed to be done before the 21st August and they are still dragging there heels.

Cisas very little help so may have to go to the SCC and will be sending the letter before action today

Below is Section 54 of the Communications and says what Ofcom need to put n place for an ADR to be compliant as per Section 52 of the act - take a look Section 54(2)g - I'm sure if you contact CISAS and Ofcom and inform them that under the Communications Act 2003 section 54(2)g they have to be able to enforce the position the you may get some action.
Did CISAS backdate with full refund? If so then let them dag their heels if not just cancel; the contract immediately. MAy be worth copying in Observer as well:

http://www.theguardian.com/money/201...omplain-orange


Are you having problems with your mobile phone provider? Are you struggling to receive a signal, or having difficultly cancelling your contract? Please write to us at Cash, The Observer, Kings Place, 90 York Way, London N1 9GU or email [EMAIL="your.problems@observer.co.uk"]your.problems@observer.co.uk[/EMAIL] putting "mobile phones" in subject field.




Communications Act Section 54
Approval of dispute procedures for the purposes of s. 52E+W+S+N.I.

(1)Before giving their approval to any dispute procedures, OFCOM must consult the Secretary of State.

(2)OFCOM are not to approve dispute procedures unless they are satisfied that the arrangements under which the procedures have effect—

(a)are administered by person who is for practical purposes independent (so far as decisions in relation to disputes are concerned) of both OFCOM and the communications providers to whom the arrangements apply;
(b)give effect to procedures that are easy to use, transparent and effective;
(c)give, in the case of every communications provider to whom the arrangements apply, a right to each of his domestic and small business customers to use the procedures free of charge;
(d)ensure that all information necessary for giving effect to the procedures is obtained;
(e)ensure that disputes are effectively investigated;
(f)include provision conferring power to make awards of appropriate compensation; and
(g)are such as to enable awards of compensation to be properly enforced.

Martinmal1

RandomCurve wrote: »

Below is Section 54 of the Communications and says what Ofcom need to put n place for an ADR to be compliant as per Section 52 of the act - take a look Section 54(2)g - I'm sure if you contact CISAS and Ofcom and inform them that under the Communications Act 2003 section 54(2)g they have to be able to enforce the position the you may get some action.
Did CISAS backdate with full refund? If so then let them dag their heels if not just cancel; the contract immediately. MAy be worth copying in Observer as well:

http://www.theguardian.com/money/201...omplain-orange


Are you having problems with your mobile phone provider? Are you struggling to receive a signal, or having difficultly cancelling your contract? Please write to us at Cash, The Observer, Kings Place, 90 York Way, London N1 9GU or email [EMAIL="your.problems@observer.co.uk"]your.problems@observer.co.uk[/EMAIL] putting "mobile phones" in subject field.




Communications Act Section 54
Approval of dispute procedures for the purposes of s. 52E+W+S+N.I.

(1)Before giving their approval to any dispute procedures, OFCOM must consult the Secretary of State.

(2)OFCOM are not to approve dispute procedures unless they are satisfied that the arrangements under which the procedures have effect—

(a)are administered by person who is for practical purposes independent (so far as decisions in relation to disputes are concerned) of both OFCOM and the communications providers to whom the arrangements apply;
(b)give effect to procedures that are easy to use, transparent and effective;
(c)give, in the case of every communications provider to whom the arrangements apply, a right to each of his domestic and small business customers to use the procedures free of charge;
(d)ensure that all information necessary for giving effect to the procedures is obtained;
(e)ensure that disputes are effectively investigated;
(f)include provision conferring power to make awards of appropriate compensation; and
(g)are such as to enable awards of compensation to be properly enforced.

Thanks random curve

EE now querying the back dated issue. Which cisas will no doubt cave in on. Will email ofcom and observer this evening and have put in the letter before action.

Martinmal1

Hi Random curve
Have just emailed Ofcom/the observer and copied EE in for good measure, just had a thought as i do not want to cancel the contract as i want to take the number with me as it would be more hassle to change it with everyone i know.
What if i now took a new phone with EE and they then provide me with a PAC code would it just allow the contract to cancel for free with the new phone? as if they are not to backdate it anyway surely the cancellation is effective from the day i use the penalty free PAC? Really want to mess them about now as they are an absolutely shocking company to deal with.

sick_of_paying_more

Martinmal1 wrote: »

Thanks random curve

EE now querying the back dated issue. Which cisas will no doubt cave in on. Will email ofcom and observer this evening and have put in the letter before action.

Expect EE to fight you all the way! I'm currently going through the scc route and they are spoiling for a fight! However I have had a legal friend word a response for me that should hopefully sway the judge!!
What do ee not understand about the meaning of backdating??
Will keep you informed

Martinmal1

sick_of_paying_more wrote: »

Expect EE to fight you all the way! I'm currently going through the scc route and they are spoiling for a fight! However I have had a legal friend word a response for me that should hopefully sway the judge!!
What do ee not understand about the meaning of backdating??
Will keep you informed

Best of luck. They are such a despicable company to deal with. Hopefully if going to scc the fact they missed the cisas date will be in my favour

Helenb92

Hi, have been having a read over a few pages on this thread, and you're all doing such a great thing helping others get money back!

I started a contract with tmobile in November 2012 and since then have had 2 price increases which now mean that my £26/ month contract is now £28.12! Not much I know, but like others, it's the principle of it! I was fuming but didn't think there was anything I could do about it until I found this thread. I will be paying my last month in October therefore not much point trying to close my account without penalty. Is it too late to claim back for the price increases?? Help!

I will most definitely not be taking out another contract with tmobile!

RandomCurve

sick_of_paying_more wrote: »

Expect EE to fight you all the way! I'm currently going through the scc route and they are spoiling for a fight! However I have had a legal friend word a response for me that should hopefully sway the judge!!
What do ee not understand about the meaning of backdating??
Will keep you informed

Good luck - keep us posted. I'd love to see their defence (I find them so funny) if you email it to [EMAIL="info@fightmobileincteases.com"]info@fightmobileincteases.com[/EMAIL] I'll keep it confidential.

RandomCurve

Martinmal1 wrote: »

Hi Random curve
Have just emailed Ofcom/the observer and copied EE in for good measure, just had a thought as i do not want to cancel the contract as i want to take the number with me as it would be more hassle to change it with everyone i know.
What if i now took a new phone with EE and they then provide me with a PAC code would it just allow the contract to cancel for free with the new phone? as if they are not to backdate it anyway surely the cancellation is effective from the day i use the penalty free PAC? Really want to mess them about now as they are an absolutely shocking company to deal with.

Not sure I follow that. Are you saying that if you use the PAC on a new EE contract the new contract runs from the date of the backdated cancellation?
EE should give you a PAC so you can port your number to a new provider anyway.

RandomCurve

Helenb92 wrote: »

Hi, have been having a read over a few pages on this thread, and you're all doing such a great thing helping others get money back!

I started a contract with tmobile in November 2012 and since then have had 2 price increases which now mean that my £26/ month contract is now £28.12! Not much I know, but like others, it's the principle of it! I was fuming but didn't think there was anything I could do about it until I found this thread. I will be paying my last month in October therefore not much point trying to close my account without penalty. Is it too late to claim back for the price increases?? Help!

I will most definitely not be taking out another contract with tmobile!

Not o too late to claim back the price rises - see this thread and just use the "appendix 1" part.


https://forums.moneysavingexpert.com/discussion/5021418