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

RandomCurve

Mark_07 wrote: »

Thanks, but that just seems to be an automated service that eventually breaks and asks me to record a message after pressing option 1

They must have changed that then - it used to go through to a human. Probably too many calls about EE!

Mark_07

RandomCurve wrote: »

They must have changed that then - it used to go through to a human. Probably too many calls about EE!

Most likely! I finally got an email back from CISAS confirming they have passed my decision to EE, and EE have confirmed they have received it and will "action in due course" so yet more waiting

On the plus side I'm getting free service from them

RandomCurve

If anybody is still up for helping me to to prod Ofcom into taking the action it should be taking to protect US the consumer from the EE change in T&Cs and price rises during the fixed period of the contract in general - then read on.


I have now prepared an "official Complaint" to Ofcom which I will copy here, but which can be found in a downloadable format (word document) from the Fight Mobile Increases website.
http://fightmobileincreases.com/pressure-ofcom/
TEH email to send is FMI-6 and you will also need to attach FMI-4 and FMI-5 (both of which are on the site).


To do the above there is no need for you to have ever contacted Ofcom before and the more people who send the email the harder it will be for Ofcom to walk away from this.


Thanks in advance for your help

RandomCurve

Send to:
Graham.Howell@Ofcom.org.uk

Dear Mr Howell

Official Complaint Re Ofcom’s lack of action over EEs change in T&Cs and Ofcom’s obvious side-stepping of legitimate consumer questions.

Following recent communications with Ofcom and Lynn Parker in connection with the EE (all brands) change in Terms and Conditions effective from 26th March 2014, please accept this letter as the next step in the formal escalation process.

Before beginning the substance of the complaint I would like to point out that from a consumer perspective asking one senior Ofcom employee to review another senior colleagues’ response does not come across as an unbiased way of reviewing what has happened. I strongly suspect that that you will do little more than to agree with your colleagues’ opinion. However as this is the next stage in a larger complaints process I have taken the time to prepare the below.

In essence there two complaints (originally only one, but due to Ofcom’s (lack of) response it is unfortunately now two.

I will only outline the issues here as all of the details can be ascertained by reading the correspondence that has already taken place.

Complaint 1
Ofcom did not take action when EE gave notice that they were changing their T&Cs effective 26th March 2014. The change is in connection with the price variation clause (the very clause that Ofcom has tried to address in its change of definition of Material detriment).
The change means that EE now purports to have the right to increase the contract price by RPI inflation on an annual basis without triggering my right to a penalty free cancellation, whereas the old clause capped EE price rises to the maximum of the LOWEST inflation figure (CPI which according to the Office of National Statistics (ONS) due to the calculation methodologies used RPI will always be higher than CPI).
So EE have updated their price rise clause in a manner which allows them to increase prices by an amount greater than was previously the case (58.8% higher using the March inflation figures which a subsequent price rise was based on) during the “fixed” period of the contract.
I would like Ofcom to explain the reasons why no action is being taking, being mindful that my complaint is that Ofcom should have taken action because of the change that was being made, and has nothing to do with if the new clause is fair or causes Material Detriment.

Complaint 2
Despite Ofcom insisting that they have addressed all previous questions, I (the person actually asking the questions) believe a number of points remain unanswered. Please see the attached emails FMI-4 and FMI-5 where I think it is clear enough where I believe Ofcom have either answered different questions to those actually being asked, or have ignored the question altogether.
I am also still unclear if Ofcom are not taking action because their interpretation is that EE have not breached GC 9.6, the UTTCRs, or indeed the Unfair Trading Regulations – Material distortion* regarding the wording of the change notification which made on mention that a higher price rise could now be applied, but rather suggests that the change was to do with the way that the notification will be made
“We're making some changes to the terms and conditions for your 4GEE plan to give you more clarity on the notification of price changes. For more details and to download a copy please see http://www.ee.co.uk/termsrefreshv1 The new terms will take effect from 26 March 2014.
Or if Ofcom are not taking action due to their “administrative priorities”.

Should you believe that Ofcom have already adequately responded to each question (the actually question asked) then could you be so kind as to “cut and paste” the answers under each of the questions in FMI-4 and FMI-5.

Regards

Supporter of “Fight Mobile Increases” – a pressure group dedicated to assisting consumers use the protection of the UTCCRs and GC 9.6, and to monitor and highlight Ofcoms actions (inaction) in relation to the Mobile Phone Market.

*Unfair Trading Regulations
Test 2: Material distortion
10.8 Material distortion is defined (in Regulation 2) as:
‘appreciably to impair the average consumer’s ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise’. It applies either when a practice distorts or is likely to distort the average consumer’s behaviour.
The second condition is likely to be met if, for example, because of the practice, the average consumer would buy a product they would not otherwise have bought, or would not exercise cancellation rights when otherwise they would have done so.

rectangle

Lord give me strength.
Obvously, they have sent me the wrong ammount for my refund, this was on about 25th July.
Call after call I have made. First they said somone will ring back in 2 days. After 5 days, I called them, they said somone will call back on 19th Aug.
Guess what?
No Call Back!!!
Ive been ringin them today, but the call always gets cut off or no one calls me back.

I have no free minutes left on my phone so i keep asking them to call me back.
Everyone ive spoken too seems to inept to deal with my query.

They sent me a cheque for £262, but it should be £398.

Im going mad here.

RandomCurve

rectangle wrote: »

Lord give me strength.
Obvously, they have sent me the wrong ammount for my refund, this was on about 25th July.
Call after call I have made. First they said somone will ring back in 2 days. After 5 days, I called them, they said somone will call back on 19th Aug.
Guess what?
No Call Back!!!
Ive been ringin them today, but the call always gets cut off or no one calls me back.

I have no free minutes left on my phone so i keep asking them to call me back.
Everyone ive spoken too seems to inept to deal with my query.

They sent me a cheque for £262, but it should be £398.

Im going mad here.

Don't bother with phone calls - get it all in writing. Email the exec office and tell them that it was a binding decision and unless they pay the additional money owed by date X (I'd give them 7 days) then you will charge interest on the money owed since the date the contract should have been cancelled and will submit another CISAS case on Date X (8 week after the decision went your way).

Mark_07

Just a quick update, received my PAC but still waiting for the refund.

The EO when I've been emailing have been really good at getting back to me, so I have to give them that.

Bimmermad

Hi all me again, received adjudicators decision that EE had until the 8th august to comply, however they have not and not given any reasons besides that I had not initially called to cancel the contract. Spoke to a ee guy today and he told me that there is nothing on the account in relation to this case. What do I do????

Bimmermad

Bimmermad wrote: »

Hi all me again, received adjudicators decision that EE had until the 8th august to comply, however they have not and not given any reasons besides that I had not initially called to cancel the contract. Spoke to a ee guy today and he told me that there is nothing on the account in relation to this case. What do I do????

RC I was hoping you may be able to provide some help, I have emailed executive office to inform them that this has not been actioned yet and just waiting for a reply, should I also contact CISAS???

rectangle

RandomCurve wrote: »

Don't bother with phone calls - get it all in writing. Email the exec office and tell them that it was a binding decision and unless they pay the additional money owed by date X (I'd give them 7 days) then you will charge interest on the money owed since the date the contract should have been cancelled and will submit another CISAS case on Date X (8 week after the decision went your way).

Its over four months since the decision went my way :eek:XD