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

RandomCurve

@Wullie32 - I found your original email within the mountains of Spam!


The adjudicator has ruled that the T&C change claim fails solely due to the timing - claim submitted after 2 month and not within 30 days:


Both Clause 4.3 and Clause 15.1 require the customer to inform the company of his intention to terminate the agreement without penalty within one month of him receiving
　
the notification from the company. The customer did not contact the company until two calendar months after receiving the notification. I am therefore satisfied that the customer did not inform the company within the agreed time period, and so, through his conduct, he accepted the changes made to the agreement which then came into effect on 26 March 2014.


Not sure there is much that can be done on this one now as far as CISAS is concerned. Best bet is to go to SCC and claim that EE mislead you as to the type of change being implemented, and that under GC 9.6 there does not appear to be a time limit for action.

Wullie32

Thanks for looking at it. Do you think the SCC would go in my favour or do you think they would side with EE due to that particular issue? Obviously I'm conscious of ending up further out of pocket.

Has anyone else been turned down over this and gone to SCC?

starsailor123uk

andrewmp wrote: »

Still no PACs for me.

I emailed CISAS and they said

We are sorry to hear that action has not been taken by Everything Everywhere Ltd to comply with the agreed decision within the required timeframe. We fully appreciate how frustrating this matter can be, but unfortunately CISAS is not an enforcing body and has no power to compel a communications provider to comply with any decision agreed under the scheme. However, we can raise issues of non-compliance internally with your telecommunications provider and request that they contact you directly to ensure the issue is fully resolved.

Should you have any further issues regarding the compliance of your case we suggest you contact xxx,who will assist in ensuring that compliance is met as soon as possible.

We thank you for bringing this to our attention and confirm that your complaint with CISAS is now closed. Should you have any further queries regarding the CISAS process, please feel free to contact us.

Kind regards

CISAS

So do I just wait it out knowing I'll get it back eventually and get free service in the meantime, or can EE just ignore me?

If they ignore me, is small claims court the only way to go?

As my conversation with OFCOM/CISAS went

CISAS make a decison

X fails to action

CISAS says its has no enforcement power and refererences OFCOM

OFCOM says it will take it on board but it is for CISAS to resolve and the sancton is for CISAS to remove X from its scheme therefore making the X unable to operate in the UK

CISAS wont do that for reasons

a) Money
b) Legal Threat

End result a system where there is no final recourse other than going to the courts to get it actioned which defeats the whole purpose of ADR

andrewmp

starsailor123uk wrote: »

As my conversation with OFCOM/CISAS went

CISAS make a decison

X fails to action

CISAS says its has no enforcement power and refererences OFCOM

OFCOM says it will take it on board but it is for CISAS to resolve and the sancton is for CISAS to remove X from its scheme therefore making the X unable to operate in the UK

CISAS wont do that for reasons

a) Money
b) Legal Threat

End result a system where there is no final recourse other than going to the courts to get it actioned which defeats the whole purpose of ADR

They got back to me today, saying they forgot to give me my PACs but I'll supposedly get them today. They said "thank you for your emails, and we apologise for the delay in responding.

It appears that due to an oversight on our part the request for a PAC code has not been processed for which we sincerely apologise. We have arranged for the PAC code to be provided to you either verbally or by text message today so that you can arrange to transfer your mobile number.

We will also calculate the backdated refunds required for both of your mobile numbers and we will arrange for these refunds to be processed by way of BACS as soon as possible for you. We would suggest that you cancel your Direct Debit instruction so that no further payments are taken in respect of your account between today and the date of your use of the PAC code.

Please again accept our apologies for this delay and we confirm that feedback has been provided to the relevant departments regarding this issue."

I always thought cancelling a direct debit was a bad idea and that it could cause issues with my credit report etc?

g6jns_2

andrewmp wrote: »

They got back to me today, saying they forgot to give me my PACs but I'll supposedly get them today. They said "thank you for your emails, and we apologise for the delay in responding.

It appears that due to an oversight on our part the request for a PAC code has not been processed for which we sincerely apologise. We have arranged for the PAC code to be provided to you either verbally or by text message today so that you can arrange to transfer your mobile number.

We will also calculate the backdated refunds required for both of your mobile numbers and we will arrange for these refunds to be processed by way of BACS as soon as possible for you. We would suggest that you cancel your Direct Debit instruction so that no further payments are taken in respect of your account between today and the date of your use of the PAC code.

Please again accept our apologies for this delay and we confirm that feedback has been provided to the relevant departments regarding this issue."

I always thought cancelling a direct debit was a bad idea and that it could cause issues with my credit report etc?

Cancelling a DD should not affect your credit record especially where it is legitimate as in this case.

andrewmp

g6jns wrote: »

Cancelling a DD should not affect your credit record especially where it is legitimate as in this case.

Cheers, I'll do that then.

BallsMan

Dear Sir or Madam

Thank you for your e mail of 26 June 2014.I apologise again for the delay in responding but,

as before, I wanted to make sure I considered everything you said carefully.

I know you disagree with the responses I have given to your emails, but I am afraid I do not

agree Ofcom has misunderstood the questions here. We have had lengthy correspondence,

which I have always considered carefully, and I have tried to explain Ofcom’s position in a lot

of detail. I have thought again about what you have said, but I am afraid I do not think your

email raises new points not covered by what I have already said and therefore our position

has not changed.

We have looked at EE’s old and new terms, and taken into account all the recent

correspondence and CISAS adjudications. I have explained that on GC9.6 there were a

number of reasons for our position. One was our view that EE’s new term does not enable it

to raise prices in a way that is likely to be materially detrimental, so changing from the old

term to the new one was not likely to be materially detrimental either. I have explained that

we use RPI as a general guide in forming this view, which still applies. On the UTCCRs, I

have explained the action we took which led to EE adjusting its price rises and amending its

terms. I know you do not agree with us but, in light of these points and all our consumer

protection priorities, we have decided not to take further action on administrative priority

grounds.

Having set out Ofcom’s position a number of times, I do not think any further correspondence

on this matter will be helpful. As you are aware, if you remain dissatisfied with Ofcom’s

response, you may complain about how we have handled this matter by writing to our

Corporation Secretary, Graham Howell.

Yours sincerely

Lynn Parker

token78

Received my decision from the adjudicators today. It was only with them for a few days. Claim succeed. Backdated payments from 17th Feb 2014 and also my PAC code. I asked for compensation which was refused, however CISAS recommended that EE send me a written letter by way of an apology. Many thanks to Random and everyone else on this forum. GREAT work. Thank you.

g6jns_2

starsailor123uk wrote: »

As my conversation with OFCOM/CISAS went

CISAS make a decison

X fails to action

CISAS says its has no enforcement power and refererences OFCOM

OFCOM says it will take it on board but it is for CISAS to resolve and the sancton is for CISAS to remove X from its scheme therefore making the X unable to operate in the UK

CISAS wont do that for reasons

a) Money
b) Legal Threat

End result a system where there is no final recourse other than going to the courts to get it actioned which defeats the whole purpose of ADR

You can take EE to court for failing to abide by the adjudication.

RandomCurve

All - please see the posts #1401 and #1406 on the Price rise forum - any help much appreciated - cheers


https://forums.moneysavingexpert.com/discussion/comment/66059117#Comment_66059117