Mobile Phone Contract - Price Rise Refunds

Pilotmic

RandomCurve wrote: »

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

Just had an idea, I do think its worth getting in touch with IDRS as pau1200 stated. Also OFCOM must have some guidance due to the fact that EE didn't advise us that we could cancel if we did not accept the t's&c's changes. Further to that, all the people who had lost on the other forum page should now have a chance to get their cases reheard as the statements in many of the losses by the adjudicators shows that those cases should have in fact won.

If we can get OFCOM to state that t's&c's changes should've been given but with the option to cancel and us all told that by the company, then all the people who have just won their cases and also those that lost, should have their contracts cancelled and backdated further - to the original t's&c's date. So those that have won should keep checking this thread for further updates so they don't lose out.

My apologies if none of this makes much sense, hopefully you all can puzzle my reasoning out. I am writing in a hurry.

ulaggy

Pilotmic wrote: »

Just had an idea, I do think its worth getting in touch with IDRS as pau1200 stated. Also OFCOM must have some guidance due to the fact that EE didn't advise us that we could cancel if we did not accept the t's&c's changes. Further to that, all the people who had lost on the other forum page should now have a chance to get their cases reheard as the statements in many of the losses by the adjudicators shows that those cases should have in fact won.

If we can get OFCOM to state that t's&c's changes should've been given but with the option to cancel and us all told that by the company, then all the people who have just won their cases and also those that lost, should have their contracts cancelled and backdated further - to the original t's&c's date. So those that have won should keep checking this thread for further updates so they don't lose out.

My apologies if none of this makes much sense, hopefully you all can puzzle my reasoning out. I am writing in a hurry.

That last line made me chuckle. Visions of you being chased by Evil EE Agents, hence why you have to hurry!

Maccadinho25

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.

No mention of Dr, although i could probably tell you what theyre a doctor in but may get kicked off the forum

Well i sent my rejection of the decision email, probably should have calmed down first but there you go. Ive informed CISAS that i believe there is absolutely no consistency in their decision making

amf

Mikmonken wrote: »

It might be worth asking if you can change adjudicator but do it sooner rather than later, I lost too on the fact I should have left contract earlier.

I've just done that, thanks :beer: I'm not too hopeful but can only try.

Pilotmic

ulaggy wrote: »

That last line made me chuckle. Visions of you being chased by Evil EE Agents, hence why you have to hurry!

Ha ha, i hipe i make them that angry.

RandomCurve

Hospital discharge did not happen so still only have access via phone .

See golbravo posts on the T&C forum re changing adjudicator - I think you should all follow his lead and copy in Lynn.parker@ofcom.org.uk

Ofcom do not consider the change to T@Cs to be of material detriment see the responses on the T@c forum,

Please see the fight mobile increases website on the Ofcom page and send them the second email (the one with 13 questions) you wol need to change the start if that email to say you are aware ofcoms position and would like to understand.......

Please send that email even if you won and copy in the media - cheers

RandomCurve

MSE asked on the T&C forum that we did not post any adjudicator names I have challenged MSE and one of their reports was supposed to contact me to get a story - but they never did ( see T&C forum about 5 or 6 pages from the end)

Martinmal1

Don't think there will be much success in asking fur change of adjudicator looking into when people have asked. Will just have to take stock of second decision when it comes and go from there with it. Have though accepted the first decision and now time to see how quick ee can get the unlock code. Anyone know if I ring EE will the c/services be aware of cisas decision or be there usual unhelpful selves?

ulaggy

Sorry to hear they've not let you out RC, best wishes matey.

Should I hold off on declining the CISAS ruling until we're ready to move to SCC? I've no intentions of accepting the CISAS ruling (£15 compensation is insulting) and am fully prepared to go to SCC.


Can't remember who said it, but someone here said they were going to inform EE (or was it T-Mob) that they are going to the SCC. Whoever you are, did you inform them and what did they say? Just wondered if it was worth doing or whether I should just wait and follow the SCC procedure once RC is well

pau1200

I asked last night for a change of adjudicator stating that the process in unfair and different decisions are coming out for the same claim etc etc. I received an email from CISAS this morning not regarding my asking for a change of adjudicator but my decision, co-incidence or what. Can you guess what the decision was.......wrong the claim succeeds in part, holy poo...


Ill email the full response but the adjudicator states some interesting points and is consistant with the t+c case. They mention that the change in t+c does not warrant a right to leave the contract as there would have been no loss. She agrees however that as they changed the t+c then they should be bound by the ofcom gc9.6 guidance and they have failed in there duty of care. They also define material detriment as "being worse off" which is nice to see. I get no compensation as I have not provided sufficient evidence to show that there has been no loss stress.
Also the back dated cancellation is from 30 days after the complaint which is fair. What is strange is that its only a recommendation they repay what I have been charged after that point and they are not obliged to do so.





Bearing in mind the Ofcom guidance summarised above It follows that if a provider does not allow a customer to exit the contract without penalty then it may be acting against the spirit of Ofcom’s guidance which the company was or should have been aware of, and

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thus might fail in its duty of care. As the circumstance of this case match closely the, ‘[FONT=Arial,Arial][FONT=Arial,Arial]individual customer’, [/FONT][/FONT]situation recognised by Ofcom I therefore find that in this specific case the company did fail in its duty of care. The company should allow the customer to terminate his contract 30 days from the date of the customer’s notice without penalty and issue a PAC if required. I would recommend (though it should be noted the company is not obliged to act on the recommendation) that any monies paid to the company or owed to the company after a 30 day period must either be refunded or cancelled though equally any services used by the customer after the 30 day notice period should be charged for at cost providing any payments do not exceed the agreed package cost prior to the application of any price rise and for the period between the expiry of the customer’s 30 day notice and the actual termination date.


I need to act quick with the decision as I may not get back anything from them