Mobile Phone Contract - Price Rise Refunds

factor29

factor29 wrote: »

Ok response received -

Good afternoon

Thank you for contacting Vodafone.

As previously advised by Lorraine in our Directors office Vodafone are regulated by Ofcom.

Also Lorraine referred to the terms and conditions of your contract with Vodafone which highlights why you can not cancel without been charged the early termination fee.

You ask in your email dated 16th June 2014 "if Vodafone is still of the opinion that I am not entitled to a penalty free cancellation"

We have looked at your usage over the last 3 months and can see that your bills would not have increased by more than 10% as a result of the price increase. Therefore you are not eligible to cancel under the 10% clause.

If you would like to discuss this further please call our office on * between 8am-8pm 7 days a week.

Just wondering if anyone has advice on what next steps are with Vodafone.

Cheers

Mikmonken

Ulaggy I will be following a similar process to you, I'm interested in pursuing another claim through CISAS, but will be rejecting this decision once further info comes back from RC.

RC if there is anything that I can do to assist let me know.

Does anyone know whether EE have used the mediation services that are required via SCC, it would be interesting if they didn't as this is usually frowned upon by the judges.

Also re SCC, having been on the receiving end (and had the claim thrown out at the last minute) what my old landlord did, was provide a really really brief (3 points claim) on the application and then not submit anything at all to support his claim. What i learnt from this is that they SCC is flawed and this can work in our favour.

You can leave it right up until the deadline before you submit a detailed claim, i.e. deadline of submitting the claim to all parties is 16:00 on a friday, you could fax it in at 15.59 on the Friday, leaving the defendant no time what so ever to submit their defence. completely unethical in my opinion but absolutely allowed.

My wife and I submitted our defence (blind in terms of what was being claimed) but then wrote to the judge asking for the claim to be thrown out as we had not received anything from the claimant, i.e. their proof.

What this would mean is that EE could effectively send their defence through to you before you've submitted a claim and then we'd be able to address all those points and have a much stronger case than ours already is.

You can se the flaw in the system though really really bizarre.

pau1200

RandomCurve wrote: »

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

Ill hang on, I am looking forward to accepting it not because I want out, contract expires end of September so there is something to be gained.
The adjudicator has said the refund is not enforceable and only a recommendation, but they do state that charges should be at cost. They will therefore have to justify that there charges to me after the 30 days are cost only and no profit.

skuk21

Has anyone had a positive outcome, and then accepted and heard back from CISAS?

falconlady

skuk21 wrote: »

Has anyone had a positive outcome, and then accepted and heard back from CISAS?

I've sent CISAS an email to accept and asked them if they could confirm if any further action was needed on my behalf.

I got the auto confirm reply but no actual response yet. I sent that on Monday.

traylerc

Question: If an adjudicator in the past two weeks has rewarded someone on here Success with backdated cancellation and compensation, would it not stand that someone else with near same contract deal situation and of course near identical template of there reply to EE/TM/Orange defence that they should get near the same results from the same assigned adjudicator?

It's not rational that the Same adjudicator could go against his previous ruling could it?

RandomCurve

pau1200 wrote: »

Ill hang on, I am looking forward to accepting it not because I want out, contract expires end of September so there is something to be gained.
The adjudicator has said the refund is not enforceable and only a recommendation, but they do state that charges should be at cost. They will therefore have to justify that there charges to me after the 30 days are cost only and no profit.

When accepting the CISAS decision include the following 'I reserve the right to bring a case against EE should they decide not to refund all sums incurred from date X to issue of PAC as they will be contriving GC 11.1'

Not sure where they get these adjudicators from but under GC 11.1 EE have an obligation to issue correct bills, if your contract should have been cancelled from date X then any charge after that date must breach GC 11.1. That seems so obvious that I do not know if I have gone mad or they have???

Mikmonken

Just re-reading my response from the adjudicator - this one statement really irritates me.

Is there some reason why the customer can terminate or somehow become entitled to a refund? He points to various regulations, including General Condition 9.6 and the Universal Service Directive, as well as some guidance issued by Ofcom.

He has actually raised a question... surely he is supposed to submit answers not questions. grrrr!

skuk21

falconlady wrote: »

I've sent CISAS an email to accept and asked them if they could confirm if any further action was needed on my behalf.

I got the auto confirm reply but no actual response yet. I sent that on Monday.

I accepted on June 12th. Still waiting

starsailor123uk

falconlady wrote: »

I've sent CISAS an email to accept and asked them if they could confirm if any further action was needed on my behalf.

I got the auto confirm reply but no actual response yet. I sent that on Monday.

I did the same (accepted my arbirtration victory) and after hearing nothing rung CISAS to confirm all had been received and in order. Everything in process just taking longer than the 5 days (maybe a result of the number of arbitrations ). Received confirmation email last night giving EE deadline to action arbitration