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Mobile Phone Contract - Price Rise Refunds

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  • gadgetshop
    gadgetshop Posts: 17 Forumite
    Big Thanks RC

    letters sent and received as normal. CISAS claim submitted. Just wait & see now, with fingers crossed
  • claireb1
    claireb1 Posts: 32 Forumite
    EE took monthly bill other day hopefully that be the last I pay em!
  • 03029174
    03029174 Posts: 26 Forumite
    I had the same email as zcakg26 today. I had sent the 175 email 8 days ago and followed it up with a chaser email yesterday copying in Lynn from Ofcom. Sure enough i got a email straight back today saying go to CISAS.
  • PeteM1967
    PeteM1967 Posts: 24 Forumite
    Part of the Furniture 10 Posts
    I've just submitted my complaint to CISAS using RCs templates and all my T-Mobile correspondence emails attached.

    All quite painless so far, I'd recommend anyone else sitting on the fence to give it a go!

    Now I hopefully have to just sit back and see what happens.

    Thanks RC for all the help you have been giving us!
  • goggster
    goggster Posts: 13 Forumite
    Im at the stage of submitting a claim to CISAS

    Can someone who has done this give me a few pointers?

    Ive had my contract since June 2012, so its nearly up.

    On the template Page 1 it has
    Without Prejudice (only use this if the your payment has increased above 2.7% e.g. Original payment £25.00 plus 2.7% (£25.00*2.7/100= £0.675p) so maximum new price = £20.67p)
    The price rise applied to my account means that the actual net monthly core subscription price that I am paying to EE reflects an increase higher than the February RPI rate allowed under the contract, and as per our contract I am entitled to a penalty free cancellation

    Without Prejudice (Only use this argument if you are a T-Mobile customer and took out your contract BEFORE 30th October 2012 OR if you had a 3.3% price rise applied last year and never had that reduced to 3.2% in October/November 2013 – you would have received a text advising you of a 0.1% reduction).
    As EE applied an annual inflation rate to my account in 2013 referencing the March 2013 RPI rate (published in April) then by applying an annual inflation rate in 2014 that references the February 2014 RPI rate EE have applied a 12 month inflation rate to an 11 month period. This is in breach of our contract as it is implied that price rises (by virtue of the contract allowing reference to the annual RPI) can only be applied annually, if this were not the case then EE could apply the annual RPI to my account every month if they so choose, and this could not never have been the intent of EE when drafting the contract.

    I take it i delete the first paragraph and leave the 2nd one but remove the part in brackets and in red?

    Then at the bottom of Page 1 it says :
    Correspondence is at Appendix 2 to X

    I realise Appendix 2 is a copy of my correspondence with EE, what do I change the red X to?

    And lastly , because i have a pre 30th Oct 2012, i just leave the blue text in on Page 5 and remove the green text on Page 6?

    thanks
  • Mikmonken
    Mikmonken Posts: 374 Forumite
    Tenth Anniversary
    goggster wrote: »
    Im at the stage of submitting a claim to CISAS

    Can someone who has done this give me a few pointers?

    Ive had my contract since June 2012, so its nearly up.

    On the template Page 1 it has



    I take it i delete the first paragraph and leave the 2nd one but remove the part in brackets and in red?

    Then at the bottom of Page 1 it says :



    I realise Appendix 2 is a copy of my correspondence with EE, what do I change the red X to?

    And lastly , because i have a pre 30th Oct 2012, i just leave the blue text in on Page 5 and remove the green text on Page 6?

    thanks

    I'm with EE proper and this is what i submitted on the basis that i only left in the paragraphs that we relevant. so in the original template I only had one paragraph that applied to my case

    Complaint About: Everything Everywhere Ltd
    First Complaint Date: 15-04-2014
    Company advised you of CISAS: Yes
    Dispute Type: Contract_Terms

    The Company's Deadlock Reference:

    What you want the company to do

    Apology Required: No
    Explanation Required: No
    Action Required: No
    Bill Action Required: No

    Money Required: £219
    Product or Service required: No

    Summary of the claim:
    My claim is not in regards to EE (referred to as EE throughout the remainder of this claim) business decision to increase prices, as a business EE is free to make whatever business decisions it chooses. My claim is that the price rise notified to me is of material detriment as per the Ofcom definition of Material Detriment under GC 9.6, and therefore under GC 9.6 I am entitled to a penalty free cancellation.

    Further I request that I be awarded £219 compensation (£73 for each made up of 2 contracts 1 x £41pm and 1 x £32 pm) of the following:
    • EEs breach of GC 9.6 – not informed of my rights to cancel the contract penalty free should I consider the increase to be of Material Detriment, (£73)
    • EEs initial lack of response to my email of 15 April 2014 – taking 5 days and 1 follow-up email until a response was received (£73)
    • EE falling to address the points raised in my original email even though I had made it clear that a response that did not address each point would not be an acceptable response (£73).

    Details are at appendix 1
    Correspondence is at Appendix 2 - Referral to CISAS received in email of 28/4/14
    Previous months bill Appendix 3
  • Shaunyboy
    Shaunyboy Posts: 58 Forumite
    Not heard a bean from CISAS since 9/5/14.
  • Mikmonken
    Mikmonken Posts: 374 Forumite
    Tenth Anniversary
    Shaunyboy wrote: »
    Not heard a bean from CISAS since 9/5/14.

    Mine came exactly a week after i submitted so you should hear from them on Friday, unless you've not even had the initial post submission email confirmation in which case it may not have gone through.
  • BountyHunter53
    BountyHunter53 Posts: 15 Forumite
    edited 15 May 2014 at 2:47PM
    So I'm just a bit confused... When you used the template, did you input all of that information into the details part of the CISAS form? Or did you send it as a separate attachment? Or in the post?
  • Mikmonken
    Mikmonken Posts: 374 Forumite
    Tenth Anniversary
    So I'm just a bit confused... When you used the template, did you input all of that information into the details part of the CISAS form? Or did you send it as a separate attachment?

    No not all of it, bit from Summary of the claim: ending with the appendices was added into the detail bit, the other information above that was just pulled from the confirmation email they sent through to me.

    the actually Appendices were sent via email once i'd click submit
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