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

RandomCurve

@IPY -Whoops posted this on the price rise forum in error!


I reviewed your response - seems okay just a few pointers:
Check the paragraph numbers relate to the points in the defence that EE have sent you
Par 27 change "Ask" to "I ask the court"


Re the Group 12 (narrow if not precisely) you need to use this in response to where EE state that the old term gave them a choice of rates and timing the full quote is:
12.4 A degree of flexibility in pricing may be achieved fairly in the following ways.30
• Where the level and timing of any price increases are specified (within narrow limits if not precisely) they effectively form part of the agreed price. As such they are acceptable, provided the details are clearly and adequately drawn to the consumer's attention.
As the old clause clearly failed this "narrowly if not precisely" test by EEs own admission then the price rise clause was not enforceable, whereas the new clause is enforceable. Replacing an unenforceable price variation clause with an enforceable one is clearly to my material detriment.

RandomCurve

Below sent to MSE today.


The MSE community are getting impatient with me to start the next fight with EE to combine the change in T&C and price rise campaigns into a new campaign. I have posted that I was waiting to find out what, if any, support MSE can offer by way of a news story or contacting Ofcom for a statement etc.


I know things must be busy, but can you let me know one way or another if MSE will give us some support so that we can get going.

ghost3h

Hi all,

So I finally got my response through, and my claim failed =(

I have spoken to a friend (who I advised to do this himself) and his claim was passed, and he got out of his contract early with £75. Even though his contract started about a year after mine. He had also moved house so wasn't even sure if he had got a letter letting him know.

it was mentioned within my response that cause I didn't ask out within 2 weeks of the letter that I didn't qualify to get out of the contract.

Have people found that different adjudicators are coming up with different decisions?

Any suggestions on what I can do now? I thought of maybe raising a new case with cisas and not usingn specific dates similar to how my friend did it.

Cheers
Ghost

[Deleted User]

RandomCurve wrote: »

@IPY -Whoops posted this on the price rise forum in error!


I reviewed your response - seems okay just a few pointers:
Check the paragraph numbers relate to the points in the defence that EE have sent you
Par 27 change "Ask" to "I ask the court"


Re the Group 12 (narrow if not precisely) you need to use this in response to where EE state that the old term gave them a choice of rates and timing the full quote is:
12.4 A degree of flexibility in pricing may be achieved fairly in the following ways.30
• Where the level and timing of any price increases are specified (within narrow limits if not precisely) they effectively form part of the agreed price. As such they are acceptable, provided the details are clearly and adequately drawn to the consumer's attention.
As the old clause clearly failed this "narrowly if not precisely" test by EEs own admission then the price rise clause was not enforceable, whereas the new clause is enforceable. Replacing an unenforceable price variation clause with an enforceable one is clearly to my material detriment.

Thank you so much for your help!! I will send out the reply by the end of this week. And will definitely keep all of you posted on the outcome.

RandomCurve

ghost3h wrote: »

Hi all,

So I finally got my response through, and my claim failed =(

I have spoken to a friend (who I advised to do this himself) and his claim was passed, and he got out of his contract early with £75. Even though his contract started about a year after mine. He had also moved house so wasn't even sure if he had got a letter letting him know.

it was mentioned within my response that cause I didn't ask out within 2 weeks of the letter that I didn't qualify to get out of the contract.

Have people found that different adjudicators are coming up with different decisions?

Any suggestions on what I can do now? I thought of maybe raising a new case with cisas and not usingn specific dates similar to how my friend did it.

Cheers
Ghost

You had have a minimum of 30 days and in reality until the change takes affect (26th March for T&C change).
Was that the only reason the claim failed - shows how silly all of this is if you friend followed the exact same emails and timing as you - nonsense!

token78

Hi again,

I've had my submitted my second claim with CISAS and I have recieved EEs defence to my claim.

They state that there has been no material detriment only marginal detriment. They have also submitted a chart showing CPI rates variance against RPI which shows that the rate of RPI is consistently higher ( which I thought was strange ),anyway what I'd like to know is do I need to submit another counter defense or will this still go to adjudication if I don't reply?

Many thanks.

boatman

Marginal detriment is still to your detriment, they have admitted as much, how stupid of them...

RandomCurve

token78 wrote: »

Hi again,

I've had my submitted my second claim with CISAS and I have recieved EEs defence to my claim.

They state that there has been no material detriment only marginal detriment. They have also submitted a chart showing CPI rates variance against RPI which shows that the rate of RPI is consistently higher ( which I thought was strange ),anyway what I'd like to know is do I need to submit another counter defense or will this still go to adjudication if I don't reply?

Many thanks.

You MUST respond to the defence, otherwise the adjudicator will take everything EE have put in it as factually correct!
There is a defence response at post #703, but I think EE then revised their defence (with the CPI v RPI "chart") and so I provided an updated defence response to use - You will need to search for it through this thread I'm afraid

Wullie32

Wullie32 wrote: »

Just sent that over to you mate, thanks.

Have you had any chance to look at this yet RC? Cheers.

[Deleted User]

Hi,

I've just sent my reply to EE's defence (+directions questionnaire) to the County Court Money Claims Centre today. I was told by one of the court staffs over the phone the other day that I needed to fill in something called directions questionnaire. But I never received any questionnaire from the court except a letter telling me my claim number. So I just downloaded it from the website and filled it out.

The problem is, I've just noticed that on the website it says that an extra fee needed to be paid when returning the questionnaire. I've tried to look for more information online but cannot really find out how much exactly needed to be paid and how it should be paid?

Also, I just wonder, could anyone please tell me what will happen next after I submitted my reply? Do I need to go to a hearing, or I will be referred to small claims mediation service first?

Any help will be greatly appreciated!!!