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Mobile Phone Contract - Price Rise Refunds

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Comments

  • Mikmonken
    Mikmonken Posts: 374 Forumite
    Tenth Anniversary
    Is there an option to reject the case raising a complaint at the discrepancy over decision making, the should be consistancy we all had the same cases so in light of the differences in opinion from the adjudicators surely it is therefore evident that some of the adjudicators training in terms of CISAS and the law is insufficient?

    Secondly given that some have been told that we should have cancelled what the T&Cs changed and no one was informed by EE that that was an option can we go through this process of CISAS again on that basis?

    If not SCC here I come!
  • SUCCESS!!!

    Just had my decision. EE / Orange contract to be cancelled backdated to April, PAC to be issued, £75 compensation and a formal apology.

    Massive thanks to Random Curve!
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    Mikmonken wrote: »
    Is there an option to reject the case raising a complaint at the discrepancy over decision making, the should be consistancy we all had the same cases so in light of the differences in opinion from the adjudicators surely it is therefore evident that some of the adjudicators training in terms of CISAS and the law is insufficient?

    Secondly given that some have been told that we should have cancelled what the T&Cs changed and no one was informed by EE that that was an option can we go through this process of CISAS again on that basis?

    If not SCC here I come!
    CISAS has NO appeals process what so ever.

    I am working an idea that whilst the contract says you have to request cancellation with 30 days under GC 9.6 there seems to be no such time restriction. Also as EE never complied with GC 9.6 even if there were a time limit it should not have started yet and potential contract change was not legal!
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    None of the adjudicator actors (win or loes) have addressed the main argument which is if T&Cs were changed AFTER Ofcom changed the MD definition then is the change subject to the new definition or not? I say it must be as it is effectively a renegotiation of the contract.
  • pau1200
    pau1200 Posts: 49 Forumite
    Your right about them not addressing all the points. If they do not fully address the concerns then can it be raised again as no decision would have been made by the adjudicator.


    Also what I find frustrating is the term material detriment, they all make comments that they do not believe it is of material detriment and the OFCOM definition of any increase is detrimental so what is the definition of material detriment. If this is known then we would give evidence to support the change is of material detriment. So what are they basing there judgment on?
  • ulaggy
    ulaggy Posts: 201 Forumite
    pau1200 wrote: »
    Your right about them not addressing all the points. If they do not fully address the concerns then can it be raised again as no decision would have been made by the adjudicator.


    Also what I find frustrating is the term material detriment, they all make comments that they do not believe it is of material detriment and the OFCOM definition of any increase is detrimental so what is the definition of material detriment. If this is known then we would give evidence to support the change is of material detriment. So what are they basing there judgment on?

    No one wants to make definitive judgements as to what material detriment is because they know it'd open the flood gates.
  • ulaggy
    ulaggy Posts: 201 Forumite
    I still only have access. Is phone, but feeling well and should be discharged today.

    The losses are disappointing and show just how difficult this can be - I did say up front, and is why EE will fight every case.

    Having taken EE to SCC before I will be able to help with that :)
    Glad to hear you are on the mend!
  • Followed this forum since the start of the thread, cannot express my gratitude to RC enough.

    Received decision today. My contract was ending in Feb 15. Claire Williams for CISAS was making the decision.

    Free termination of contract backdated until April. PAC codes for all 3 of my accounts. £75 compensation. Superb result!!

    Thanks again, really do appreciate your hard work.

    Up yours EE!!!!!
  • Martinmal1
    Martinmal1 Posts: 38 Forumite
    edited 18 June 2014 at 3:20PM
    Was starting to get worried over a second contract I had with a couple of losses recently but glad to see some more success rolling in. Just waiting on the adjudicator fir the second one now.
    As always a massive thanks to RC and hope you are on the mend.

    Just got the adjudicator and it's Dr MCD anyone had a decision yet?
  • BountyHunter53
    BountyHunter53 Posts: 15 Forumite
    edited 18 June 2014 at 11:22PM
    I won! Succeeded in part! Unlock Code + PAC.
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