Mobile Phone Contract - Price Rise Refunds

RandomCurve

27-5 to the consumer
27 (23 with compensation)
5 (1 with compensation - but font accept it if you want to to SCC)

RandomCurve

greavsy026 wrote: »

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!!!!!

You're welcome - Always great to hear from folk who have been following in the shadows. I wonder how many others have been , but have not let us know ?

Swampsnake

RandomCurve wrote: »

27-5 to the consumer
27 (23 with compensation)
5 (1 with compensation - but font accept it if you want to to SCC)

Were the 5 failures all from the same adjudicator or fail on the same point? I'm still waiting for EE to send in their defence and I'm wondering whether my response would need to be adjusted to account for the way the case is being interpreted.


Do you know how many claims were EE, Orange or T-Mobile and how many of each are win/lose?

BountyHunter53

Why is my CISAS only backdating only to 6th June?

Maccadinho25

ulaggy wrote: »

I'm not letting T-Mob/CISAS get away with this. It's the principle of the matter. I've been fuming since my result yesterday. Just hoping to hear from RC as to what I need to do

I feel exactly the same as i had my decision back today and have lost - how can 10 people in a row get a win and then nearly everyone else follows with a loss? I find the wording of my adjudicator to be quite patronising too and very much sounds like a "company" person. I know this probably sounds like sour grapes and it is to an extent but there is clearly no consistency here with CISAS and appears to be a lucky dip of which adjudicator you have

i definitely want to press on now and even if i failed at SCC id be happy to know id have taken more money from the fat cats at EE

Do we just email back now stating we reject as we dont feel our points have all been considered? Can we reference the difference in decisions based on who the adjudicator is even if they wont do anything about it?

My adjudicator was DMC

pau1200

Maccadinho25 wrote: »

I feel exactly the same as i had my decision back today and have lost - how can 10 people in a row get a win and then nearly everyone else follows with a loss? I find the wording of my adjudicator to be quite patronising too and very much sounds like a "company" person. I know this probably sounds like sour grapes and it is to an extent but there is clearly no consistency here with CISAS and appears to be a lucky dip of which adjudicator you have

i definitely want to press on now and even if i failed at SCC id be happy to know id have taken more money from the fat cats at EE

Do we just email back now stating we reject as we dont feel our points have all been considered? Can we reference the difference in decisions based on who the adjudicator is even if they wont do anything about it?

My adjudicator was DMC

was your adjudicator dr mcd? if so thats mine and seeing she rejected cases for t+c change then her decision is hypocritical.

Martinmal1

pau1200 wrote: »

was your adjudicator dr mcd? if so thats mine and seeing she rejected cases for t+c change then her decision is hypocritical.

I have Dr MCD can you ask for change of adjudicator?

pau1200

Ive been reading through the CISAS rules and this rule may be acceptable

section 8
c If the customer or company has a complaint about the Scheme, the adjudicator or a
member of IDRS’s staff, the complaint should be made through the IDRS complaints
procedure, copies of which are available from IDRS. However, the complaints procedure cannot be used to challenge a decision made under the Scheme.


Is it worth raising a complaint with IRDS against the scheme based on the fact that the adjudicators are not using the same rules when assessing the claims. We can use the failed t+c cases is we get permission from the people who's claimed failed and the price increase failures to show that the scheme doesnt work. The t+c cases failed because there was no detrimental increase, and the price rise fails are because we didn't seek termination when the t+c's failed.
We are not challenges the decision just the rules being used and how they are applied by some adjudicators.


Also OFCOM should be able to step in as EE failed to notice of the right of cancellation when the t+c's changed for the failed price rise increase so we may be able to claim via cisas retrospectively.

just my thoughts

Pilotmic

RandomCurve wrote: »

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.

I believe my reasoning by adjudicator had some info about that in. Will forward to you at website and you can judge for yourself.

pau1200

Ill let you know, I have decided to request a new adjudicator based on the fact that some cases have failed and section 5a pf there rules state that there decision should be fair, unbiased and where necessary use the appropriate law, guidelines. As the claims based on the same points the decisions should be the same and they are not.
Section 8a of there rules allow a substitute adjudicator to be appointed so I cannot see any problem.

Martinmal1 wrote: »

I have Dr MCD can you ask for change of adjudicator?