Mobile Phone Contract - Price Rise Refunds

ulaggy

That's an utterly bizarre ruling for you. Good that you got your cancellation but bizarre that they aren't enforcing a refund.

pau1200

I know what was strange is I got an email saying it cant change adjudicator 2mins after the decision came through. My decision feels like a lets keep him quiet one

ulaggy

Oh, just noticed in my CISAS ruling (which I'm formatting in a word doc to send on to RC's website) that the adjudicator has put 2013 instead of 2014 for something.

Not that it makes the slightest bit of difference to my decision (due to the not being able to appeal) but it shows that the CISAS adjudicator has put as much duty of care into my case as T-Mob did. Grr!

As an aside, I've been nosying around the other thread a bit - found this RC post with regards to a Letter Before Action.
http://forums.moneysavingexpert.com/showpost.php?p=65292817&postcount=1285

It's obviously not appropriate for our failed cases, but I think the basic structure is sound. My reason for failing was that I didn't try to cancel during the T&C change. I imagine that we'll be putting in something about that - like "I was unaware of my right to cancel my contract during the terms and conditions change as T-Mobile did not make me aware of this fact."

Sure RC will have a better idea!

Martinmal1

pau1200 wrote: »

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

8
　
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

Congrats on the part win, hopefully the success continues

RandomCurve

There is no immediate rush to go SCC but do let CISAS know that you reject the decision.
Part of SCC process is to inform EE but that needs to be done in a particular way so don't contact them yet. In case you were in any doubt EE will not buckle and will make you go through the whole process of SCC only giving on a day or so before the hearing .

ulaggy

RandomCurve wrote: »

There is no immediate rush to go SCC but do let CISAS know that you reject the decision.
Part of SCC process is to inform EE but that needs to be done in a particular way so don't contact them yet. In case you were in any doubt EE will not buckle and will make you go through the whole process of SCC only giving on a day or so before the hearing .

Reject it straight away then? I wasn't sure if there were time frames with regards to SCC so I didn't want to reject the decision too soon and end up with no further avenue to take.

RandomCurve

What sort of stupid adjudicator decides to give EE the choice if refunding??? EE won't refund and so have managed to gain an extra month or so of business from you that they were not entitled to - disgraceful! If you only have say a month or so left on the contract I would reject the decision and go to SCC, but if you have more time I guess it is best just to accept.

RandomCurve

ulaggy wrote: »

Reject it straight away then? I wasn't sure if there were time frames with regards to SCC so I didn't want to reject the decision too soon and end up with no further avenue to take.

Yeah wait a while - just in case I am delayed further .

ulaggy

No problem. I will leave my ranty refusal email to CISAS in the draft folder for now!

RandomCurve

RandomCurve wrote: »

What sort of stupid adjudicator decides to give EE the choice if refunding??? EE won't refund and so have managed to gain an extra month or so of business from you that they were not entitled to - disgraceful! If you only have say a month or so left on the contract I would reject the decision and go to SCC, but if you have more time I guess it is best just to accept.

Don't accept yet I have a longer post to make, but signal is not strong