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

PenguinJoshy

I've discovered I took my phone contract out on the 23rd Jan 2014...I still received the initial 'we're changing T&C's' text.

The 23rd was the date it changed wasn't it.

Where do I stand?

Dils47

EE Post, used RC templates, few edits nothing major. Vidette Ogden

baldyj

PenguinJoshy wrote: »

I've discovered I took my phone contract out on the 23rd Jan 2014...I still received the initial 'we're changing T&C's' text.

The 23rd was the date it changed wasn't it.

Where do I stand?

If you got the text i take that to mean you must have been on the T&C's preceding 23/01/14, so go for the penalty free termination.

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 (x2 Contracts):
Orange/Pre Oct '12/Edited RC's Template/Justine Mensa-Bonsu adjudicated.
WON! Contracts 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.

Dils47:
EE/Post Oct '12/Used RC's Templates/Vidette Ogden adjudicated
WON! Contract Terminated, full compensation awarded.

12/14 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!

PenguinJoshy

I have sent the email off today.

So I'm ok to follow the guidelines within this thread then?

I know I'm being lazy, but this is a 50odd page thread! When I receive my increasing price letter, do I respond to that, leave it or what?

baldyj

PenguinJoshy wrote: »

I have sent the email off today.

So I'm ok to follow the guidelines within this thread then?

I know I'm being lazy, but this is a 50odd page thread! When I receive my increasing price letter, do I respond to that, leave it or what?

I think it is probably best to wait for RC to comment. I'm not sure whether it would be wise to pursue two lines of action at the same time.

I would go with the rejection of the T&C's as per RC's advice in #744, but at the same time follow RC's advice in #800. This way if you fail with the T&Cs argument you can go back to the price rise issue without having been deemed to have accepted the rise due to time lapsed.

PenguinJoshy

baldyj wrote: »

I think it is probably best to wait for RC to comment. I'm not sure whether it would be wise to pursue two lines of action at the same time.

I would go with the rejection of the T&C's as per RC's advice in #744, but at the same time follow RC's advice in #800. This way if you fail with the T&Cs argument you can go back to the price rise issue without having been deemed to have accepted the rise due to time lapsed.

Thank you.

I'm happy with my phone atm, but it's the principle of changing a FIXED contract that riles me.

I'll peruse the terms and conditions line as per this thread. I don't have anything to lose.

SimonD316

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 (2 x Contracts):
Orange/Pre Oct '12/Edited 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.

Dils47:
EE/Post Oct '12/Used RC's Templates/Vidette Ogden adjudicated
WON! Contract Terminated, full compensation awarded.

11/13 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've updated mine - It was for Two numbers on the same contract with different dates. Also I used RC's templates as guidance but edited because the pre october 2012 ones were not done when I submitted my claim.

PenguinJoshy

Just went to print off the sent email for safe keeping and I've been a total idiot and forgot to delete the appropriate clause.

The Email reads;

Dear Mr Swantee

Phone Number 07XXX-XXXXXX

Please accept this email as my notice to terminate my contract with EE as per clauses 15.1(b) and 4.3.1 2.11.2 and 7.2.3.2 2.11.3 and 7.2.3.2 following EEs recent communication to me regarding a change to my Terms and Conditions.

I find the change unacceptable and consider it to be of Material Detriment. Additionally under Universal Service Directive 2002/22/EC of the European Parliament and of the Council 7th March 2002, Chapter IV – End User Agreements, Article 20 – Contracts, Paragraph 4 I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions.

Please send my PAC code (penalty free) by return and refund any prepaid sums made on my account.

Regards'

What an idiot I bet this will ruin my chances.

baldyj

SimonD316 wrote: »

I've updated mine - It was for Two numbers on the same contract with different dates. Also I used RC's templates as guidance but edited because the pre october 2012 ones were not done when I submitted my claim.

I make that 12/14 wins then - i hope mine comes through soon, i'm fed up of waiting!