Mobile Phone Contract - Price Rise Refunds

jocklatic

To Randomcurve & others involved in this topic/ thread

A big thanks for putting up this topic & all the excellent replies to help us less informed people take on these big cash grabbing companies. I copied the original template & got a reply & have just sent the template from post 175. I just hope we can get the right outcome & maybe , just maybe get EE to treat us a bit better :beer:

RandomCurve

ulaggy wrote: »

I'm a little confused, unless I'm just misreading. It was me that CC'd Ofcom in, not EE. Unless you're referring to the email received by Delboy9 which specifically mentions CISAS?

I've had the same email from Ofcom, not from EE (my EE email or letter didn't mention CISAS). Still, if one person is getting told to go to CISAS, then that's a good start!

Yes Delboy9 at post #252 - thanks for the clarification.

ulaggy

RandomCurve wrote: »

Yes Delboy9 at post #252 - thanks for the clarification.

No worries, just wanted to check. Not surprised if you are confusing yourself, you've got tons of different "conversations" to handle at once!

RandomCurve

RandomCurve wrote: »

I know some of you have also seen my posts on the Which forum (thanks for your support on there guys).


I have challenged Which to read my post at #165 and have their legal people review it (I've also challenged MSE to do the same!) - and then to either publically say we have no chance (in which case we will prove them wrong) or to accept that the arguments are sound and to run a full article on how to potentially escape your contract and even to use our email.


I posted the challenge a couple of hours ago (3 days ago to MSN), but as yet it has not "appeared" so Which may suppress it [Update: Which have not supressed my comment - lets see if they act on it!!!].


If you want to issue Which the same challenge please feel free:


http://conversation.which.co.uk/technology/ee-orange-t-mobile-price-rise-ofcom/

Still no response from Which so I have "reported" my own comment to them. Reason for reporting comment "You have not responded - will Which take up the challenge?"
I'll post their response here. If others want to also "report" the comment - an ask the same question that would help!!

RandomCurve

ulaggy wrote: »

No worries, just wanted to check. Not surprised if you are confusing yourself, you've got tons of different "conversations" to handle at once!

To right. I have to stop myself writing T&C responses on this price rise forum & vice versa, plus there are the O2 guys - who seem to have it all under control, but I still dip in occasionally.

:coffee:

RandomCurve

My challenge to Which!


Patrick,
Following some unsolicited positive feedback on this forum I’d like to issue you and Which a challenge.


In your article above you quote the EE propaganda “….., and if you’re unhappy with the hike you’ll have to pay the cancellation charges that apply.”


My challenge to you is have your LEGAL team review my post at #165
https://forums.moneysavingexpert.com/discussion/4818999
and then if they think it can’t win put a post on this forum stating that my arguments can’t win – I will report back the CISAS/SCC outcomes.



If your legal team think it has any chance of winning then I ask that you write another article explaining how people may be able to cancel their contract.



The time frame is limited to 30 days from when you received the price rise letter so most people have 12 days or so – can Which rise to the challenge and put up an article in say 5 days?

The comment has been reported. Thank you.

Posted 22 April 2014 at 8:25 pmVA:F [1.9.22_1171]


1 - 0

Martinmal1

Just had a generic response from ee saying goto cisas and not dealing with any issue

djewson

2 days before my 2nd email which had another 7 day response ultimatum

it reads as follows

Case Reference: XXXXXXX
Account Number: XXXXXXXX

Please respond to executive.office@everythingeverywhere.com

Dear Mr XXXXXX,

Thank you for your email received in the Executive Office, I have been asked to respond on behalf of EE.

I'm sorry you are unhappy with the recent increase to our prices and some of our services. As a company we are committed to investing significantly in our network and work hard to give the best value for our service, we have in this instance tried to keep these increases to a minimum. However due to rising business costs linked to inflation we have had to revaluate our pricing structure.

In this instance, the increase to price plans is in line with RPI at 2.7% and compliant with the terms and conditions of your contract. Our terms and conditions give us the right to increase the cost of our services and this change does not give you a right to terminate your contract. Please refer to clause 3.7 in your terms and conditions.

EE do not feel that this change is of material detriment to you as it is in line with the Retail Price Index (RPI), which is a measure of inflation. I acknowledge you do not agree with this decision therefore the next step would be to seek independent adjudication via CISAS.

You may refer your complaint to CISAS. CISAS will determine whether the complaint falls within the jurisdiction of its ADR Scheme. We may argue that it does not. If CISAS agrees its Scheme applies, it will adjudicate on the complaint in line with the Scheme rules. CISAS's details are as follows:-

CISAS
International Dispute Resolution Centre
70 Fleet Street,
London,
EC4Y 1EU

Email: info@cisas.org.uk
Tel: 020 7520 3827
Fax: 020 7520 3829

I trust the above information is of assistance to you.

Yours sincerely




Executive Office, EE
NOTICE AND DISCLAIMER
This e-mail (including any attachments) is intended for the above-named person(s). If you are not the intended recipient, notify the sender immediately, delete this email from your system and do not disclose or use for any purpose.

We may monitor all incoming and outgoing emails in line with current legislation. We have taken steps to ensure that this email and attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.

EE Limited
Registered in England and Wales
Company Registered Number: 02382161
Registered Office Address: Trident Place, Mosquito Way, Hatfield, Hertfordshire, AL10 9BW


I have emailed CISAS to ask that my case is looked into as EE have told me to do that as they are not willing to proceed any further, which I deem to be deadlock
I have copied all 3 emails to them
My original (which EE ignored for 13 days!)
My second email (which they responded to after 5)
Their response today

Will post once I have a reply

Cheers Dean

muse213

Just recieved the letter through the post...

""Dear XXXXXXX

Orange Account Number: XXXXX

Thank you for your email dated 11 April 2014, received in the Executive Office, I have been asked to respond on behalf of EE.

I am sorry you are unhappy with the recent price increase. As a company, we are committed to offering the best value for service which is why we have kept the increase to a minimum. The increase is a result of the rising costs to our business and is in line with the Retail Price Index (RPI), which is a measure of inflation.

We are obliged, as are all UK operators, to abide by General Condition 9.6 of the Ofcom. This condition sets out what we must do if a change is of material detriment to a customer, which is to provide 30 days' notice and allow a customer to end their agreement free of charge. When the changes are not of material detriment, the customer does not have the right to end their agreement. In the case of this price increase, the change is not of material detriment to customers.

The increase is in line with the Terms and Conditions of your contract (specifically clause 15.1). As this increase is less than RPI should you wish to close the account early in accordance with clause 4.3.1 you would be subject to an early termination fee.

Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter.

Yours sincerely

Victoria Hunt
Executive Office, EE"

What I find ridiculous is how EE are allowed to use the previous months RPI, and estimate the figure that is going to be for the next month. With that BBC article, it said that in March, the RPI figure went down to 2.5, not 2.7...

What would i be allowed to do now? Do i send another email?

aye

So I received an email after chasing again, just the standard reply. Also received the same in the post. Am I right in thinking it's still the template in post 175 to follow up to this?

Cheers

I am sorry you are unhappy with the recent Price Increase. As a company we are committed to offering the best value for service which is why we have kept the increase to a minimum. The increase is a result of the rising costs to our business and is in line with the Retail Price Index (RPI), which is a measure of inflation.

We are obliged, as are all UK operators, to abide by General Condition 9.6 of the Ofcom. This condition sets out what we must do if a change is of material detriment to a customer, which is to provide 30 days' notice and allow a customer to end their agreement free of charge. When the changes are not of material detriment, the customer does not have the right to end their agreement. In the case of this price increase, the change is not of material detriment to customers.

The increase is in line with the Terms and Conditions of your contract specifically clause 15.1). As the increase is less than RPI should you wish to close the account early in accordance with clause 4.3.1 you would be subject to an early termination fee.

The Office for National Statistics published its official rate of RPI on the 25th March.
The official measure of RPI for this period is 2.7%. We contacted customers between the 5th and the 14th April in order to give 30 days' notice of the effective date, which is 28th May 2014.

Whilst I appreciate this may not be the response you had hoped for, I trust I have explained the reason why I cannot release you from the agreement without penalty.