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

LIQU1D5NAKE

sauceychoco wrote: »

Notified today that I have won my case. I was on a Pre Oct Orange contract and used all of RC's templates.

However I wasn't awarded any of the £100 compo. The gist of it was that my adjudicator thought that they were acting in good faith and notified me of my rights when required to do so.

My adjudicator was Alison Dablin. :beer:

Some funny snippets from Alison, reads like she was a bit annoyed with them;

"The company has submitted that the dispute falls outside the scope of the CISAS Scheme. I do not accept this.The dispute clearly relates to the contract for the provision of communication services."

"... I consider it to be against the spirit of the CISAS Scheme to ‘cherry pick’ only those terms strictly relating to the actual provision of the communication service as being admissible."

"I also do not consider the issue to be a complicated area of law ...the company is not able to hide behind an argument of ‘unclear construction’ in order to avoid the dispute..."

"I am also not persuaded that the issue of determining material detriment falls outside an adjudicator’s competence"


Thanks RC :j

Same outcome as me from same adjudicator. Seems she doesn't believe in compensation. Oh well. A win is a win.

jakethepeguk

@ssharif
how long did they take to refund your bills after using the pac?
Is it unreasonable to play merry hell with them, after not receiving the backdated bills, a week after transferring my number to another network?
Bearing in mind, this is also well over a week since they were told by cisas to cough up.

hammersfaniow

jakethepeguk wrote: »

@ssharif
how long did they take to refund your bills after using the pac?
Is it unreasonable to play merry hell with them, after not receiving the backdated bills, a week after transferring my number to another network?
Bearing in mind, this is also well over a week since they were told by cisas to cough up.

See post #1615 for a rough guideline to timings after you've won your case

Nodding_Donkey

jakethepeguk wrote: »

@ssharif
how long did they take to refund your bills after using the pac?
Is it unreasonable to play merry hell with them, after not receiving the backdated bills, a week after transferring my number to another network?
Bearing in mind, this is also well over a week since they were told by cisas to cough up.

After you accepted CISAS' decision did they not send you a letter with a deadline date for EE to comply? (four weeks I think)

RandomCurve

dazz7400 wrote: »

I'm ready to email CISAS with the evidence template.


However it says in the first paragraph that '[FONT=&quot]following notification of a change in terms and conditions notified to me by text'

I cant remember receiving this text and have no text on my phone.


What date can anyone suggest I use?

The date of which I received the letter from EE notifying the change?[/FONT]

Don't bother with a date - or put "early Feb".

RandomCurve

sshariff wrote: »

Hi,

I checked my bank account and found that EE are continuing to charge me further in spite of the final settlement! I have just emailed them the below:



To all those who have won - make sure you check your bank account regularly to see if EE are still taking money out from your account.

I know now resolved BUT if anybody else has the same problem then GC 11.1 places an obligation on EE to only bill for the correct amount - so email Mr Swantee (copy in Ofcom) and ask them why they are breaching GC 11.1 and asking Ofcom what enforcement action they intend to take ([EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL])

RandomCurve

boatman wrote: »

T Mobile had the cheek to charge for a 'Notice Period charge' which they have refused to remove even though i won my CISAS case in part... they try anything to rob people...

Email (copy in Ofcom) and ask where in the contract they are allowed to apply a "Notice Period Charge" especially as CISAS have directed that ALL CHARGES are cancelled. Also state that you will begin proceedings to recover the charge should EE not remove it.


What a lovely bunch of people they are at EE!

RandomCurve

Jadams14 wrote: »

A question,

My adjudicator decided that I have to give 30 days notice, therefore moved my backdated date forward 30 days. But only two other people have had that happen to them.

Does the 30 days notice period apply in this case?

Thanks.

This is an error on the part of the adjudicator - but there is nothing you can do about it now (unless you want to go the SCC which I would not bother with at this stage). The contract says you need to give 14 days notice if a change in T&Cs is of Material Detriment so many of the terminations had the 14 days added on. Your adjudicator has applied the standard 30 day notice period for leaving a contract, a small error in the scheme of things - at least they got the main decision correct.

RandomCurve

Great to see so many more wins. If BaldyJ is still reading can you do an updated scoreboard please?

jakethepeguk

@NoddingDonkey yeah, they had to comply by 14th May.
I have received the cheque and pac, but have still not had my bills refunded.

Just wondered how long its been taking other people to receive those back, given its been 7 days since I used my pac.

I guess I should report them to cisas, maybe stir up a bit more of a poo storm for them