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

baldyj

snakeyface wrote: »

Hi all,
I just received a letter from EE stating that they will increase the cost of my contract by 2.7%. I'm not happy!

I have sent the email in post #44, but my question to you lovely people is if I am now too late, or of I still have a chance to cancel my contract with this?

Thank you!

No it may not be too late. Read the first couple of paragraphs in post #744. Just make sure you send an email to EE as described in post #800. This way if you don't manage to get out via the t&cs route, you can start the price rise route.

RandomCurve

baldyj wrote: »

Yeah I'll stick around and help where I can.

I can't believe MAddy2K11's result either, and the verdict came from the head of the adjudicators! She seemed to have no grasp of the argument at all! Maybe EE have gotten to her.

Head of the adjudicators - that is worrying, maybe EE have got to them!!!

RandomCurve

As a side issue - and a little vindictive of me but....


...Now EE have admitted in their defence that the price variation clause was not compliant with the UTCCRs, you could (if you have had a previous price increase) write to them and request that they refund all sums taken over and above the originally agreed core subscription contract price - and ask for a deadlock reference if they disagree.


A few extra pounds for you, but it will start to scare them!!!

RandomCurve

Guys - Lynn and Ofcom are still avoiding the question. IF they don't respond properly this time I might ask you all to send Lynn a template email I will prepare - let's wait and see.


Lynn,


Thank you for your further response, but you are still avoiding the question being asked.



I KNOW what remedies are available to consumers - and indeed customers are WINNING cases against EE as I write. My questions relate to WHAT OFCOM AS A REGULATOR can/will do regarding EEs mis application of GC 9.6.



If Ofcom's response - is "we can't/won't do anything", then whilst that woud not be the response I would like to hear as a consumer who thought Ofcom was there to offer me protection from "scams and sharp practices", at lest it would be answering the questons asked.



So for a third time of asking can you let me know;



a) What are the regulatory requirements for consumer protection that Orange is required to follow when changing T&Cs? (and remedies Ofcom can impose for breach)
b) The regulations requiring Orange to display a duty of care and to act in Good Faith? (and te hremedies Ofcom can impose for breach)
c) Confirm that the regulations as they stand allow Orange to effectively focus attention away from changes they would rather customers did not spot? (And if they don't what remedies are available to OFCOM)
This also begs the question – are customers expected to compare revised contracts line by line for changes? - again I would welcome Ofcom’s view
Essentially if Ofcom leaves it solely to a CPs discretion to determine Material detriment when changing T&Cs (which by Ofcom's definition = "a change that is not to the consumers benefit or at least neutral" in other words "any detriment") Then what possible protection does GC9.6 give to the consumer?


Regards

jakethepeguk

No problem,
I will happily send on a template, I am pretty miffed she has ignored all correspondance from me to be honest.
I have also sent further mails to which, (they responded to me, albeit copy paste, but now I have a name, muwhahahahhaha)

[FONT=&quot]

Thanks for your email about EE and please accept my apologies for the delay in getting back to you.

I'm sorry to hear that you have tried to refuse a price increase from EE and haven't been able to get help from Ofcom regarding this. I have certainly passed the details of your experience to our Research and Campaigns Team for their reference. They're always interested to hear how consumers get on with companies in their day to day lives and are always appreciative of any feedback on our campaigns.

We are aware of the loophole that EE found in the rules and we have amended our campaign so that supporters are able to send a letter to EE's CEO to make him change his mind via the website. Please find the link to our campaign page below:

http://www.which.co.uk/campaigns/mobile-phone-price-rises/

Thank you very much for getting in touch and if there is anything else I can help you with, please let me know. I'd be more than happy to help. Alternatively, you can contact our Member Services on 01992 822800, they are available Monday - Friday from 8.30am-6pm and Saturday 9am-1pm.

Have a lovely weekend.
[/FONT]
[FONT=&quot]

I will also continue to pursue the which element, as more consumer groups involved wont do it any harm.[/FONT]

nsabournemouth

Managed to get hold of CISAS yesterday. I will be getting a response on Monday reference EE and how they have countered my case.

I assume it'll be as others have had so hopefully simply a case of copy / paste the points RC has made available.

Indie_Kid

Will post my letter on Monday and will post how I get on. And my insurance has gone up. But phones4u didn't tell me that.:mad:

ed_209_2

RandomCurve wrote: »

Well I did say these things are not guaranteed, but I have never seen a response like this one. If M. Coombes had considered the arguments and made a logical reasoned judgement in favour of EE, then all well and good, but what they have done is argued a case that was never at issue - it is if they are preparing a defence for EE - utter rubbish!


Stating that the argument is undermined because you have not asked for the old term to remain in force is ludicrous, the contract and GC 9.6 does not offer that as a remedy, it is either leave the contract or stay with the contract - If EE had offered you that as an alternative and you refused it then there is possibly an argument, but even that is weak as you don't have to accept an offer that weakens your actual contractual/regulatory rights! And why did they not use that argument against EE - i.e. why did EE not offer you the option to stay on the old terms if it is neutral to them either way - simply biased!
And why are they questioning why you entered the contract in the first place? You may have been happy to enter a contract which you thought you could escape should you need to, and your not happy having a term that restricts that right - your reasoning is none of M. Coombes business! You might have started the case because you had nothing better to do and wanted to cause trouble - it does not matter - if it is Material detriment it is material detriment motive is not an issue -EE wrote the contract and changed the contract and Ofcom made the regulations - not you!

And talking of Material detriment - did the esteemed M. Coombes ever rule on the actual issue?

I'm so glad to see your expert eye over this one as I thought that there is no provisions in the laws and articles to suggest maintaining the status quo as a possible outcome.

I'm actually quite shocked and appalled the head adjudicator has barely any grasp on consumer law and has approached the case like an angry parent would when chastising their child.

hammersfaniow

Applied online to CISAS on the 7th and sent copies of all email conversations to prove deadlock etc. Got the confirmation email but nothing since then. Anyone know how long until you generally get a response from them regarding the case ?

ryan92

EE had until yesterday to submit their defence to my case ; nothing received as of yet