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

RandomCurve

50Twuncle wrote: »

Nor have I (I emailed them over a week ago)


It appears that they are claiming that they have not broken their own rules (yet) - merely allowing them to change them in the future ...


How unsportsmanlike can a company get ?

Don't rush them.


EE have a service standard of 5 working days to respond to emails - if they miss the deadline then you can use that against them to try and gain some compensation as they were not adhering to the rules


Give them 8 or 10 working days and them resend the email adding that it has been X days (included weekends) since you email and you "find the delay in responding unacceptable"


As long as you can prove you sent the email - then you notice of termination is effective.

RandomCurve

rectangle wrote: »

Who are they referring the right to?

In other news, I sent my first email on the 11th and havent had a reply yet.

I have no idea - any legal bods out there?


I wonder if it is meant to be "RESERVE"???

RandomCurve

A few facts for everyone following this forum that has NOT sent a cancellation email.

1. The text received is NOT a notification of a price rise
2. The text received IS a change to the T&Cs
3. A change in T&Cs CAN trigger your right to a PENALTY FREE CANCELLATION
4. You can only request this with 30 days of receiving the text
5. If you do nothing then you have ACCEPTED the change
6. When you receive the price increase text/letter/email (between 27th March and 8th April – you’ll see) you will be able to do NOTHING (unless the EE club are stupid enough to use a rate higher than RPI)
7. If we are wrong and it transpires that CISAS side with EE then you have lost nothing
8. If we right and CISAS side with us then for you it will be TOO LATE and you would have missed the opportunity.

EE are now (finally) admitting that potentially you can cancel your contract if they change the T&Cs – look back at some of the previous posts on EE responses:

“….Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment.”

So the ONLY debate really is what constitutes material detriment! If you win that argument you get a penalty free cancellation guaranteed – it is winning the argument that is going to be the difficult part, but only the adjudicator or the courts can rule on this (not EE and not Ofcom)! So you have to send the cancellation request in NOW because if you wait to find out the outcome it will be too late for you!

GolfBravo

@ RandomCurve

What's the best way to reply to this:

Dear GolfBravo,

Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.


Yours sincerely

Executive Office,EE

They are champions at side stepping issues.

RandomCurve

Mr_Uddin wrote: »

Got the second response

Case Reference: XXXXXXXX
Account Number: XXXXXXXXXX

Dear XXXXXX,

Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.


Yours sincerely

Executive Office,EE
NOTICE AND DISCLAIMER
This e-mail (including any attachments) is intended for the above-named person(s). If you are not the intended recipient, notify the sender immediately, delete this email from your system and do not disclose or use for any purpose.

We may monitor all incoming and outgoing emails in line with current legislation. We have taken steps to ensure that this email and attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.

EE Limited

Finally the truth begins to emerge – you can cancel your contract penalty free if the change in T&Cs is to your “material determent”! I had hinted at post #67 (page 4) that there was further regulation we can use (as I knew we would get to this stage eventually) and now is the time to use it. There are two possible responses to this email, but I think in this case “less may be more”, and I suggest the following:




Dear Mr Swantee


Thank you for your email dated XXXX


I notice that you now accept that “Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment.” That is exactly the basis on which I originally requested a penalty free cancellation (quote from my original email) “I find the change unacceptable and consider it to be of Material Detriment”.


You then go on to assert “The notice we have issued to our customers is not a notice whereby the change is of material detriment.”, however to my knowledge under the Unfair Terms in Consumer Contracts Regulations (UTCCRs), EE cannot give itself the sole right to determine what “Material Detriment” means, therefore you would have been obliged to write to me fully explaining this cancellation right –and you did not!
UTCCRs Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:

(m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract.


Given you have taken it upon yourself (in contravention of Schedule 2, paragraph 1 (m) of the UTCCRs) to give yourself the exclusive right to interpret what is of Material Detriment to me, can you please clearly explain what criteria you have used and which of my personal circumstances have been taken into consideration when you reach this conclusion?

I still contend that this change is/likely to be of material detriment to me and request that you terminate my contract penalty free as per our contract and as per GC 9.6 and USD 2002/22/EC.

Please can you also explain what "... it refers the right not to enter into any further discussion with regard to this matter" actually means?


Regards

shafeeq

Hi

I sent the first email on Saturday 8th February. I had no response yet. Do I wait few days more before emailing again and stating I have had no response to the email.

Thanks
Shafeeq

RandomCurve

shafeeq wrote: »

Hi

I sent the first email on Saturday 8th February. I had no response yet. Do I wait few days more before emailing again and stating I have had no response to the email.

Thanks
Shafeeq

See post #112 - I would leave it until Wednesday/Thursday, that way they are clearly outside of the 5 day service standard whatever days they consider to be working days.

RandomCurve

Can somebody post the original EE price variation clause on the forum please - I have all of the Orange and T-Mobile ones.


Cheers

RandomCurve

just to help everyone keep track of things:


Email 1 - Original cancellation request is at post #44
All Orange and T-Mobile clauses are at post #57
EEs response to email 1 is at post #65
Email 2 - response to EE is at post #68
EE response to email 2 is at #73 OR #98
Email 3 - response to EE is at post #110 or #111 for post #73
Email 3 - response to EE is at post #116 for post #98

Mr_Uddin

RandomCurve wrote: »

Can somebody post the original EE price variation clause on the forum please - I have all of the Orange and T-Mobile ones.


Cheers

7.1.4 we can increase any price plan charge. We will give you "written notice" 30 days before we do so. The change will then apply to you one the notice has run out.