EE.T-Mob.Orange. Change T&C From 26th March 2014

ed_209_2

jon1555 wrote: »

Just had Partners Result through from adjudicator -

Success in part!

Penalty free backdated cancellation

£25 compensation instead of the £100

Was only with the adjudicator for 3 days!

Adjudicator was Clive Sanders and contact was Orange post 2012

Just got to wait for mine now!

Great news for you and hope your result comes through soon.

But its farcial at the arbitrary nature of these decisions and awards. Why only £25 compensation where other adjudicators awarded £100? Utter nonsense

baldyj

jon1555 wrote: »

Just had Partners Result through from adjudicator -

Success in part!

Penalty free backdated cancellation

£25 compensation instead of the £100

Was only with the adjudicator for 3 days!

Adjudicator was Clive Sanders and contact was Orange post 2012

Just got to wait for mine now!

What were the reasons given for only £25 being awarded?

Also did you use RC's templates, or did you edit/not use them (so I can update the summary)

jon1555

baldyj wrote: »

What were the reasons given for only £25 being awarded?

Also did you use RC's templates, or did you edit/not use them (so I can update the summary)

Used RC's Templates exactly

Reasoning for the compensation ;

j. The customer has finally made a claim for compensation in the amount of £100.00 which
is split into four separate claims of £25.00. I consider each in turn.

k. The customer has claimed £25 for breach of General Condition 9.6 in failing to advise
her of her right to cancel her contract at the time that it gave her notice of the
modification on 4 February 2014. Whilst I accept that the company did not inform the
customer of her entitlement to cancel the contract without penalty at the time that it gave
her notice of the modification, I consider that it was not obliged to do so as it did not
consider the change to be likely to cause the customer material detriment. Therefore, I
find that the company did not breach its contract or fail in its duty of care to the customer
in this respect.

l. The customer has claimed £25 for breach of UTCCR Schedule 2, paragraph 1. The
customer submits that the company does not have exclusive right to interpret what
“Material Detriment” means. She submits that by assuming this right they have tried to
pass this modification off as being of no consequence when in fact it is. The Unfair
Terms in Consumer Contract Regulations 1999 regulate unfair clauses in contracts.
Schedule 2 paragraph lists the types of clauses that might be considered objectionable
under the legislation. The legislation does not provide for compensation because if a
clause is unfair then it is simply not enforceable. The customer in any event has not
adequately identified which clause is in breach of UTCCR and on what precise basis it is
in breach. Since this submission has no basis in law I find that the company did not
breach its contract or fail in its duty of care to the customer in respect of this part of the
claim.

m. The customer has claimed a further £25 for breach of the duty of care owed by “ignoring
her legitimate requests for information”. I note that emails were sent on 11 February
2014, 17 February 2014 and a response received on 18 February 2014 from the
company. The customer replied on 20 February 2014 and the company replied on 22
February 2014 . I note that no information was requested in any of the customer’s email.
I also note the company responded to the customer’s request. On the evidence
submitted I cannot be satisfied that the company breached its contract or failed in its duty
of care to the customer in respect of this part of the claim.

n. Finally the customer has claimed £25 for breach of the requirement to act in good faith
in the way that the change in its terms and conditions was presented. The customer has
submitted that the change was presented as being of benefit to her without explaining
the advantages to the company. The customer relies on the email that she received from 7

the company dated 18 February 2014. I have carefully considered that email and I agree
that the information provided makes no mention of the narrower measure of inflation that
the modification defined. Therefore, I find that the company failed in its duty of care to
the customer in this respect.

o. Having regard for the company’s failures in its duty of care owed to the customer as
detailed above and bearing in mind the inconvenience experienced by the customer as a
result of the company’s actions, I am satisfied that the customer’s claim of compensation
in the amount of £25.00 is fair and reasonable under the circumstances. Accordingly, I
direct that the company pays the customer compensation in the sum of £25.00.

sshariff

baldyj wrote: »

Summary of progress so far (please review and correct if i have made any mistakes):

Bimmermad:
EE/Post Oct '12/Used RC's Template/Thomas Earley adjudicated.
WON! Contract terminated, full compensation figure awarded

SimonD316:
Orange/Pre Oct '12/Used RC's Template/Justine Mensa-Bonsu adjudicated.
WON! Contract terminated, full compensation figure awarded

sshariff:
Orange/Pre Oct '12/Edited or didn't use RC's Template/adjudicator not named yet
WON! Contract terminated, full compensation figure awarded

BananaPilot:
EE/Post Oct '12/Edited or didn't use RC's Template/Thomas Earley adjudicated.
LOST!

23six (1/2):
T-Mobile/Post Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
WON! Contract Terminated, partial compensation awarded

23six (2/2):
T-Mobile/Pre Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
LOST!

Sunnyhaze (x2 Contracts):
EE/Post Oct '12/Edited or didn't use RC's Template/adjudicator not named yet.
WON! Contracts Terminated, no compensation requested or rewarded.

Nodding Donkey:
Orange/Pre Oct '12/Used RC's Templates/D Stoker adjudicated.
WON! Contract Terminated, full compensation awarded.


7/9 wins so far, and i think the two cases that lost one would have won if RC's template was used, and the other maybe could have won if a reply to the EE defence had been submitted!

My adjudicator was Uju Obi. Only partial RandomCurve stuff used and that to the one he created for post Oct 2012 contracts

baldyj

Clive Saunders also awarded only £25 to 23six! Anyone who gets this guy will not get all their compensation.

baldyj

Summary of progress so far (please review and correct if i have made any mistakes):

Bimmermad:
EE/Post Oct '12/Used RC's Template/Thomas Earley adjudicated.
WON! Contract terminated, full compensation figure awarded

SimonD316:
Orange/Pre Oct '12/Used RC's Template/Justine Mensa-Bonsu adjudicated.
WON! Contract terminated, full compensation figure awarded

sshariff:
Orange/Pre Oct '12/Edited or didn't use RC's Template/Uju Obi adjudicated
WON! Contract terminated, full compensation figure awarded

BananaPilot:
EE/Post Oct '12/Edited or didn't use RC's Template/Thomas Earley adjudicated.
LOST!

23six (1/2):
T-Mobile/Post Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
WON! Contract Terminated, partial compensation awarded

23six (2/2):
T-Mobile/Pre Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
LOST!

Sunnyhaze (x2 Contracts):
EE/Post Oct '12/Edited or didn't use RC's Template/adjudicator not named yet.
WON! Contracts Terminated, no compensation requested or rewarded.

Nodding Donkey:
Orange/Pre Oct '12/Used RC's Templates/D Stoker adjudicated.
WON! Contract Terminated, full compensation awarded.

Jon1555:
Orange/Post Oct '12/Used RC's Templates/Clive Saunders adjudicated.
WON! Contract Terminated, partial compensation awarded.

Smeghead Dave Lister:
Orange/??/??/??
WON! Contract Terminated, ?? compensation.

jakethepeguk:
Orange/Post Oct '12/Used RC's Templates/?? adjudicator
WON! Contract Terminated, full compensation awarded.

10/12 wins so far, and i think of the two cases that lost one would have won if RC's template was used, and the other maybe could have won if a reply to the EE defence had been submitted!

Smeghead_Dave_Lister

Just received my decision from CISAS.
Case upheld.
EE (orange) instructed to send my PAC code and repay monies backdated to 25/02/14.
Thanks for all the help guys.

Although....

What's the next step????

Will EE contact me directly?
Or will I have to chase them?

baldyj

Smeghead_Dave_Lister wrote: »

Just received my decision from CISAS.
Case upheld.
EE (orange) instructed to send my PAC code and repay monies backdated to 25/02/14.
Thanks for all the help guys.

Although....

What's the next step????

Will EE contact me directly?
Or will I have to chase them?

Who was adjudicating, was full compensation awarded, was it pre or post Oct '12, and did you use RC's templates?

I think the next step is to wait for orange to comply with the ruling, after emailing acceptance of the CISAS ruling.

jon1555

Smeghead_Dave_Lister wrote: »

Just received my decision from CISAS.
Case upheld.
EE (orange) instructed to send my PAC code and repay monies backdated to 25/02/14.
Thanks for all the help guys.

Although....

What's the next step????

Will EE contact me directly?
Or will I have to chase them?

Make sure you reply to the email accepting the decision!

andrewmp

baldyj wrote: »

Summary of progress so far (please review and correct if i have made any mistakes):

Bimmermad:
EE/Post Oct '12/Used RC's Template/Thomas Earley adjudicated.
WON! Contract terminated, full compensation figure awarded

SimonD316:
Orange/Pre Oct '12/Used RC's Template/Justine Mensa-Bonsu adjudicated.
WON! Contract terminated, full compensation figure awarded

sshariff:
Orange/Pre Oct '12/Edited or didn't use RC's Template/Uju Obi adjudicated
WON! Contract terminated, full compensation figure awarded

BananaPilot:
EE/Post Oct '12/Edited or didn't use RC's Template/Thomas Earley adjudicated.
LOST!

23six (1/2):
T-Mobile/Post Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
WON! Contract Terminated, partial compensation awarded

23six (2/2):
T-Mobile/Pre Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
LOST!

Sunnyhaze (x2 Contracts):
EE/Post Oct '12/Edited or didn't use RC's Template/adjudicator not named yet.
WON! Contracts Terminated, no compensation requested or rewarded.

Nodding Donkey:
Orange/Pre Oct '12/Used RC's Templates/D Stoker adjudicated.
WON! Contract Terminated, full compensation awarded.

Jon1555:
Orange/Post Oct '12/Used RC's Templates/Clive Saunders adjudicated.
WON! Contract Terminated, partial compensation awarded.

8/10 wins so far, and i think of the two cases that lost one would have won if RC's template was used, and the other maybe could have won if a reply to the EE defence had been submitted!

I'll test that theory and post their defence in here before replying to it as I'll have no idea what to write!! Still haven't had their defence yet, deadline day tomorrow though.