Mobile Phone Contract - Price Rise Refunds

RandomCurve

goldfink wrote: »

Well spotted, it does look like they have transposed the figures.

I will see if RC comes back to me re the contracts. Many thanks.

Do double check if hey have applied a raet higher than 2.7% or not - even if yo need to cal 150 ad ask them to confirm the actual before and after figures.


As regards contract versions it is irrelevant unless you were on T-Mobile Pre 30th October 2012 contract (V58) as EE changed all the T&Cs effective March 26th 2014. As you "renewed" your contract in 2013 you can just ignore the contract version.

RandomCurve

Swampsnake wrote: »

Mine contract is also less than 12 months (Sept 2013) so I too would like to know please.

The adjudicator makes no mention of it. All of the decisions have been the same:
Material Detriment = "any change that is not to your benefit or neutral" as a price rise of any amount is not neutral then it is of Material Detriment.
:T

RandomCurve

traylerc wrote: »

Hi, ok so Just had T-Mobile/EE respond and it's about 80% on par with what the template on here says so will link/correct each Point for my reply.

If someone is able to help I will place the points that T-M/EE have added on with there new response and hope someone can assess what if need be I add/reply with. Thanks in advance!

---

15. Save that the Respondent denies that the change in terms effective 26 March 2014 gave the Claimant the right to terminate his Agreement without charge the Respondent submits that in any event the Claimant was required to give notice to terminate prior to the change of terms taking effect on 26 March 2014. The Respondent submits that the Claimant failed to give notice to terminate the Agreement prior to 26 March 2014 and therefore is bound by the terms of the Agreement effective 26 March 2014.

21. The Respondent submits that the previous increase of charges in March 2013 does not prevent the increase in charges in May 2014. The Respondent submits that, in accordance with the terms of the Agreement that it can increase its charges providing that notice of such increase of charges is given to the Claimant. The Respondent submits that due notice was correctly given to the Claimant.

28. The Material Detriment Issue does not relate to any of the matters set out in Rule 2a.
Bills: It does not relate to any bill issued by the Respondent to the Claimant.
Customer Service: It does not relate to the quality of customer service provided by the Respondent to the Claimant.
Communications Services: For the reasons further set out below, the reference in Rule 2a to “Communications services provided to customers” relates to the physical provision of electronic communications services and/or does not relate to regulatory issues such as the Material Detriment Issue. Rule 2a is intended to implement General Condition 14.5 (“GC 14.5”) which requires the Respondent to “implement and comply with a Dispute Resolution Scheme, … for the resolution of disputes …in relation to the provision of Public Electronic Communications Services.” Electronic Communications Services are defined in s.32 of the Communications Act 2003 to mean “a service consisting in, or having as its principal feature, the conveyance by means of an electronic communications network of signals”. That indicates that the focus of the dispute resolution scheme is on the service actually provided to customers.



Also as a side note, they have said I am on T&C version CVN58/C, but clearly even on there website when I log in it states on the link It CVN59 (My phone contract with them started on 14th March 2013).

And one more point, they have made a real big messup on maths and said "cancellation charge in the sum of £701.53" now I only have 9 months left on my contract that is about £36 a month, so 9 X £36 = £324, where are they pulling the extra £377.53p charge from if I cancel? Should I bring this point up in my reply to show there incompetence of basic math skills?

There is a response to all of the points a little further back on the forum (no more than 2pages).


And yes pull them up on the wrong T&Cs and cancellation amount - it makes them look incompetent and enhances your claim for compensation

factor29

RandomCurve wrote: »

Send to:
[EMAIL="jeroen.hoencamp@vodafone.com"]jeroen.hoencamp@vodafone.com[/EMAIL]
CC, [EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org.uk[/EMAIL]
info@fightmobileincreases.com




Dear X,
Phone number 07XXXX


Thank you for your email dated X.


Unfortunately your response fails to address ANY of the points raised in my email of X.


For your convenience I have reattached the original email and respectfully request that you respond to the actual points raised in that email.


Any further response which fails to address the legitimate issues raised will be used as evidence of Vodafone's lack of duty of care when dealing with this matter should we be unable to resolve this dispute without going to arbitration.


Regards

A supporter of “FightMobileIncreases” – a pressure group dedicated to assisting consumers use the protection of the UTCCRs and GC 9.6, and to monitor and highlight Ofcoms actions (inaction) in relation to the Mobile Phone Market.

Thank you, have sent the response and will update once (if!) I hear back.

Mikmonken

RandomCurve wrote: »

Oh boy!!!


In the T&Cs cases rather than basing a judgement on the facts presented she questioned:

1. The customers motives for entering the contract in the first place
   1. what does that have to do with deciding if EE have breached the contract/GC 9.6 or not?, and
2. Why the customer had asked for a penalty free cancellation rather than asking for the T&Cs to remain unchanged?
   1. Maybe because that is NOT a remedy under the contract nor GC 9.6!

We have complained to Ofcom about this (you'll never guess their response - "we can't get involved" - Once again regulation at its finest!!!).
GolfBravo has asked for her not to judge his T&C case - we await a CISAS second response to the request. But CISAS did contact MSE and ask for the names of the adjudicators to be removed - me thinks they are worried that we are shinning a light into their murky little World!!!

If it's still within the 5 days you have to pass comment of the defence can it be amended to address those points?

Mikmonken

RandomCurve wrote: »

6-0; and 3 with compo

Has anyone managed to get phone unlocking included in the decision, other wise the only option to change is to Virgin Mobile or get a new phone?

pau1200

Should I be worried as we have a valid case that any change is of detriment to me, hence I have right to cancelation. Or should I ask CISAS for another adjudicator, all I want is a fair decision and based on the decisions so far I should win, with the only question being on compensation.


Also if she rules in EE's favor what happens next, can you appeal the decision or is it off to small claims court.
I know this is a silly question now as we don't know the decision but It would be nice to know what the next steps should be if I lose.

RandomCurve wrote: »

Oh boy!!!


In the T&Cs cases rather than basing a judgement on the facts presented she questioned:

1. The customers motives for entering the contract in the first place
   1. what does that have to do with deciding if EE have breached the contract/GC 9.6 or not?, and
2. Why the customer had asked for a penalty free cancellation rather than asking for the T&Cs to remain unchanged?
   1. Maybe because that is NOT a remedy under the contract nor GC 9.6!

We have complained to Ofcom about this (you'll never guess their response - "we can't get involved" - Once again regulation at its finest!!!).
GolfBravo has asked for her not to judge his T&C case - we await a CISAS second response to the request. But CISAS did contact MSE and ask for the names of the adjudicators to be removed - me thinks they are worried that we are shinning a light into their murky little World!!!

Martinmal1

Mikmonken wrote: »

Has anyone managed to get phone unlocking included in the decision, other wise the only option to change is to Virgin Mobile or get a new phone?

I got an unlock code in my decision! 3 or virgin next for me

ulaggy

Mikmonken wrote: »

Has anyone managed to get phone unlocking included in the decision, other wise the only option to change is to Virgin Mobile or get a new phone?

A lot of shops will unlock it for you. Don't think it costs a huge amount and is pretty quick.

http://www.moneysavingexpert.com/phones/unlock-mobile-phone Article about unlocking from MSE Hopethat helps buddy

Mikmonken

ulaggy wrote: »

A lot of shops will unlock it for you. Don't think it costs a huge amount and is pretty quick.

http://www.moneysavingexpert.com/phones/unlock-mobile-phone Article about unlocking from MSE Hopethat helps buddy

I've got 2 iPhones so it's £20+ a pop for me unless the adjudicator rules in my favour.