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

RandomCurve

boatman wrote: »

I had a part win in September from CISAS, but T-Mobile failed to abide with the decision, they charged me for 2 PAC's but removed one of them and refused to remove the other, they did not pay the £50 compensation on time, this is the bulk of the letter i received from CISAS the other day..

Any new issues must be addressed directly with the company’s complaints procedure in the first instance.

Our involvement with this particular case is now over and we are unable to assist you any further.


Might also be worth copying in some media outlets.

Should you wish to take this existing matter further I would recommend that you seek independent legal advice.


Kind Regards

Michelle Ekpenyong


I really find it difficult to see the point in CISAS if you get a decision in your favour yet they fail to follow up on it....

Write to Ofcom, copy in EE saying that EE have failed to comply fully with BINDING decision from CISAS (include a copy of the COSAS decision), and ask Ofcom what your next steps should be and what sanctions they will impose on EE.


Once that is done if EE still won't pay up then go to the SCC (I'll assist you if you need me)

RandomCurve

Wallace231 wrote: »

Hi, I know that it says it can take up to three weeks for a reply from the adjudicator, how long does it normally take for them to reply?
Can't wait to see if i've won or not..

11/04.. was the last contact from cisas..

Thanks

When we challenged T-Mobiles price rise last year (95% success rate!!!) just about every case took the full 3 weeks. I am quite amazed how quickly CISAS are going through these cases.

RandomCurve

claireb1 wrote: »

Hi

I need read this forum and try this. Not just the increase for me. When I got my EE contract last april/may since then prices on plans have dropped alot mine is £36 a month you can get same for 22.99 with half gig more data actually.

I'm far from impressed that have to increase prices were loyalty for current customers a new customer get cracking deal.

Joke EE another year with these hope can get out of it!!

Should be easy enough - follow the template emails on the price rise forum (posts 97-99)
https://forums.moneysavingexpert.com/discussion/4818999

RandomCurve

For the 3 who have lost there CISAS cases below is the "letter before action" please pick the relevant colour coded paragraphs for you circumstances, and make sure the subject matter of the email reads "LETTER BEFORE ACTION" (don't forget there are 2 standard black text parts below


XXXXXXXXXXXXXXXXXXXXXX


LETTER BEFORE ACTION


Dear Mr Swantee,


Case Number : XXXXX

In regards to EEs recent change in T&Cs I have exhausted the ADR process to resolve this issue and now intend to pursue the matter in the Small Claims Track of the County Court. This letter before action is to give EE a final opportunity for EE to comply with Ofcom regulation General Condition 9.6 (GC 9.6), under which I should be entitled to a penalty free cancellation of my contract.


Whilst the adjudicator at CISAS ruled in favour of EE it was made clear that had I correctly articulated the difference between CPI and RPI then the decision would almost have certainly have followed that in the majority of CISAS claims in regards to the matter and I would have won my case.


As I was unable to prepare a response to EEs defence during the adjudication process due to the short time scales afforded to claimants to respond, I believe the adjudicator reached the decision without having the full facts. Had I responded to EEs defence documents I am confident that the decision would almost have certainly have followed that in the majority of CISAS claims in regards to the matter and I would have won my case.


The adjudicator in my case never made a decision based on the fundamental point of the argument, which is whether or not the change is likely to be of material detriment to me, but rather went completely outside of due process in the factors she considered. A separate compliant has been lodged with both CISAS and Ofcom. I am confident that had the adjudicator ruled on the substantive issue the decision would almost have certainly have followed that in the majority of CISAS claims in regards to the matter and I would have won my case.


I have set out my arguments below for your consideration and trust that on reflection EE will reconsider its position.


If I have not received a response to this email within 7 days I will begin proceedings, and seek to recover costs.


XXXXXXXXXXXXXXXXXXXX
To the above attached your CISAS case, plus any additional points you made/should have made in your response to EEs defence.


My guess is they will ignore the above or respond that as CISAS have made a ruling then "get lost". you the complete the SC form and a day or two before it goes to court EE will settle with you.

RandomCurve

All I need some more help trying to prod the "dead" regulator Ofcom into life.


Can you ALL send the email below to:
[EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org.uk[/EMAIL]
[EMAIL="graham.howell@ofcom.org.uk"]graham.howell@ofcom.org.uk[/EMAIL]
[EMAIL="Ed.Richards@ofcom.org.uk"]Ed.Richards@ofcom.org.uk[/EMAIL]


And also pick any 2 or 3 media organisation (or all of them!) from the list below to copy in too. Thanking you in advance.

[EMAIL="Edwin.lane@bbc.co.uk"]Edwin.lane@bbc.co.uk[/EMAIL]
[EMAIL="joel.taylor@ukmetro.co.uk"]joel.taylor@ukmetro.co.uk[/EMAIL]
[EMAIL="News.desk@express.co.uk"]News.desk@express.co.uk[/EMAIL]
news[EMAIL="news@moneysavingexpert.com"]@moneysavingexpert.com[/EMAIL]
[EMAIL="news@the-sun.co.uk"]news@the-sun.co.uk[/EMAIL]
[EMAIL="home@guardian.co.uk"]home@guardian.co.uk[/EMAIL]
[EMAIL="home.news@thetimes.co.uk"]home.news@thetimes.co.uk[/EMAIL]
[EMAIL="which@which.co.uk"]which@which.co.uk[/EMAIL]
[EMAIL="editor@thisismoney.co.uk"]editor@thisismoney.co.uk[/EMAIL]
[EMAIL="editor@which.co.uk"]editor@which.co.uk[/EMAIL]
[EMAIL="editor@itn.co.uk"]editor@itn.co.uk[/EMAIL]
[EMAIL="editor@reuters.com"]editor@reuters.com[/EMAIL]
[EMAIL="watchdog@bbc.co.uk"]watchdog@bbc.co.uk[/EMAIL]
[EMAIL="uknewsplan@bbc.co.uk"]uknewsplan@bbc.co.uk[/EMAIL]
[EMAIL="news@sky.com"]news@sky.com[/EMAIL]
[EMAIL="james.smith@pressassociation.com"]james.smith@pressassociation.com[/EMAIL] [EMAIL="Jayne.atherton@ukmetro.co.uk"]Jayne.atherton@ukmetro.co.uk[/EMAIL]
[EMAIL="ean@ft.com"]ean@ft.com[/EMAIL]
[EMAIL="steve.hawkes@the-sun.co.uk"]steve.hawkes@the-sun.co.uk[/EMAIL]
[EMAIL="paul.dacre@dailymail.co.uk"]paul.dacre@dailymail.co.uk[/EMAIL]
[EMAIL="itvplanning@itn.co.uk"]itvplanning@itn.co.uk[/EMAIL]
[EMAIL="news@channel4.com"]news@channel4.com[/EMAIL]
[EMAIL="louise.armitstead@telegraph.co.uk"]louise.armitstead@telegraph.co.uk[/EMAIL]
[EMAIL="mirrornews@mgn.co.uk"]mirrornews@mgn.co.uk[/EMAIL]
[EMAIL="mirrornews@mirror.co.uk"]mirrornews@mirror.co.uk[/EMAIL]"
[EMAIL="News.london@ukmetro.co.uk"]News.london@ukmetro.co.uk[/EMAIL]
[EMAIL="newseditor@independent.co.uk"]newseditor@independent.co.uk[/EMAIL]
[EMAIL="rachel.williams@moneywise.co.uk"]rachel.williams@moneywise.co.uk[/EMAIL]


Dear Ofcom.


As a concerned consumer I would like an explanation as to why Ofcom has not acted on the following breaches of Ofcom regulations – all of which Ofcom have been made aware of:

• In February 2014 EE announced a change to its T&Cs to existing customer regarding the price variation clause, without following GC 9.6. Ofcom have said that the change is not of Material detriment, but CISAS – the independent adjudicator, has, in 90% of cases, ruled the change is of Material Detriment .
  1. Will Ofcom investigate EEs apparent breach of GC 9.6 in that it did not comply with 9.6 (b) and (c), and if not – why not?
• Ofcom have said that ANY change in core subscription prices is likely to be of material detriment in any contract signed after 23rd January. As EE updated its T&Cs effective 26th March 2014 (2 months after the new regulatory definition of Material Detriment) then the revised T&C must be subject to the post 23rd January definition. EE did not write to customers in full compliance of GC 9.6. explaining their right to a penalty free cancellation when sending notification of a price rise in April.
  1. As the new Material Definition was widely heralded by Ofcom as protecting consumers from mid-term price increases, why have Ofcom not enforced their new “flagship” regulation and compelled EE to comply fully with GC9.6 (b) and (c)?
  2. Will Ofcom investigate EEs apparent breach of GC 9.6 in that it did not comply with 9.6 (b) and (c), and if not – why not?
• As Ofcom will be aware in 2013 T-Mobile applied the March 2013 RPI rate to customers on V58 of the contract, those same customers are now being subjected to an ANNUAL RPI increase based on February 2014 RPI (i.e. a 12 month inflation rate applied to an 11 month period)
  1. As Ofcom is the regulator with responsibility for protecting the consumer from “scams and sharp practice” – can you confirm that Ofcom will investigate EEs actions?
  2. If Ofcom does not see fit to protect the consumer from this abuse can you clearly articulate to me why not?
     
     

Please be advised that my concerns are not relating to my, or any, individual case, but to how EE has abused the Ofcom regulations on THREE occasions since February 2014. From a consumer view point it does appear that there is an amazing lack of enforcement being applied by Ofcom.

Regards

apf666

EE have confirmed cancellation of contract without early termination fee being applied when cancellations dept contacted and this argument was quoted.....i called in response to the price rise letter i recently received

so a positive outcome for me without having to go through cisas......i referred to the number of upheld complaints to strengthen the material detriment argument with EE

hope this may be of use to others

cheers

Nodding_Donkey

RandomCurve wrote: »

All I need some more help trying to prod the "dead" regulator Ofcom into life.


Can you ALL send the email below to:

Sent to all.

ETA: A couple bounced

<home@guardian.co.uk>: host guardian.co.uk.s200a1.psmtp.com[207.126.147.10]
said: 550 No such user - psmtp (in reply to RCPT TO command)

<editor@reuters.com>: host mailin2-trp.thomsonreuters.com[163.231.6.25] said:
550 5.1.1 <editor@reuters.com>... User unknown (in reply to RCPT TO
command)

03029174

hi guys
what is the next step if you dont get a reply from [EMAIL="executive.office&#64;ee.co.uk"]executive.office@ee.co.uk[/EMAIL], and [EMAIL="Olaf.Swantee&#64;ee.co.uk"]Olaf.Swantee@ee.co.uk [/EMAIL]? I email 7 days ago and have not had a response. I'll give it a few more days since we are hitting a few bank holidays but just trying to get ready for the next action. Thanks

Robc99

Hi,

Great work at getting back at EE!

Wondering if anyone can tell me where i stand, i phoned EE to try and cancel my contract on the 26/03/2014 and the 29/03/14 or to let them know i would

They have this on record but as the advisers didn't seem to willing i thought i had no chance but after finding this last night can i still try?

I have emailed the first template letter, my contract was opened Dec 2013

Bimmermad

RandomCurve wrote: »

All I need some more help trying to prod the "dead" regulator Ofcom into life.


Can you ALL send the email below to:

All Done!!