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

sshariff

Sunnyhaze wrote: »

I got that today too. Kind of happy really as I spoke to CISAS yesterday and told them that EE were not responding to any of my emails, CISAS said they would send a pack out to me which would explain the next steps.

Haven't received the pack yet, but surprise surprise, I get a response from EE who say this is their final position which I think can be taken as deadlock.

I wonder though, do I or all of us take it as a deadlock and file it all with CISAS? Or is there more emails that I or we need to send EE?

The email that I quoted is the EE response to the 2nd email that we send them. There are a further 2 more emails that we send out! This means that I got the very same response from EE that I quoted twice! I don't think that they are actually reading our emails anymore and are just sending the same response based on the content of the email!

beasty54

I Sent the first template that randomcurve provided and today i got my first response

As a company EE does not accept there has been any material detriment due to the recent proposed change in its terms and conditions. Under these circumstances any request from its customers to be released from contract without penalty will be declined. Any customer wishing to cancel their contract may do so by providing the relevant 30 days notice period required but they will be held liable for any early termination fee.

The company, EE, have fully complied with the General Conditions set out under Ofcom regulations and as the previous emails and this one sets out fully the final position EE has taken in the matter no further discussion will be entered into with regard to this matter.


Yours sincerely

Executive Office,EE

Because EE have stated that "no further discussion will be entered into" should i now get in contact with CISAS?

nsabournemouth

You need to quote this to EE as at no point does it say material detriment. I would ask EE to point you in the direction as to where they are getting that info from.

Directive 2002/22/EC
Of the European Parliament and of the Council
7thMarch 2002
Chapter IV – End User Agreements

Article 20 – Contracts

Paragraph 4


4. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of proposed modifications in the contractual conditions. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.

EE are telling you a pack of lies apart from the fact that USD 2002 is part of GC9.6. I would go to CISAS with it, give them a final offer to accept your wish to cancel under USD first though. Make sure you advise CISAS that EE have lied.

sshariff

nsabournemouth wrote: »

You need to quote this to EE as at no point does it say material detriment. I would ask EE to point you in the direction as to where they are getting that info from.

Directive 2002/22/EC
Of the European Parliament and of the Council
7thMarch 2002
Chapter IV – End User Agreements

Article 20 – Contracts

Paragraph 4


4. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of proposed modifications in the contractual conditions. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.

EE are telling you a pack of lies apart from the fact that USD 2002 is part of GC9.6. I would go to CISAS with it, give them a final offer to accept your wish to cancel under USD first though. Make sure you advise CISAS that EE have lied.

Hi,

Can you please explain if the USD is applicable in the UK and if we can take this to a small claims court solely based on USD? I am a bit confused as the USD directive is since 2002 whereas ofcom specifically state that under certain conditions providers can actually change the terms and conditions as long as it is not a "material detriment" (http://ask.ofcom.org.uk/help/services-and-billing/conchange).

EE are using this in their second email response that it is the ofcom condition that is applicable to them in the UK (not the USD).

CISAS state that they cannot interpret legalities of terms and conditions in contracts and therefore cannot make decisions in this regards so I believe in the end I will need to file a small claims in court. Just need to make sure I get all the facts right in my case against EE.

Thanks

Sunnyhaze

Sunnyhaze wrote: »

I got that today too. Kind of happy really as I spoke to CISAS yesterday and told them that EE were not responding to any of my emails, CISAS said they would send a pack out to me which would explain the next steps.

Haven't received the pack yet, but surprise surprise, I get a response from EE who say this is their final position which I think can be taken as deadlock.

I wonder though, do I or all of us take it as a deadlock and file it all with CISAS? Or is there more emails that I or we need to send EE?

So what's the best way to respond to this?

Nodding_Donkey

I asked the same question earlier and the reply I got was:

RandomCurve wrote: »

I would wait - I'll explain why later

So I'm quite happy to trust RandomCurve's judgement on this.

It's already on record with EE that I don't accept the changes so they can't say they weren't told within the month.

CISAS have stated to me, and others, that the final EE email with "no further discussion will be entered into" is, as far as they are concerned, a deadlock letter so it seems we have made our position clear and the ball is now in our (or RandomCurve's ) court. A few days won't make any difference now.

50Twuncle

Has anyone got a working email address for EE ?
I am after a totally different matter and can't even get a "message received" from either [EMAIL="CSDIR@t-mobile.co.uk"]CSDIR@t-mobile.co.uk[/EMAIL], [EMAIL="executive.office@ee.co.uk"]executive.office@ee.co.uk[/EMAIL] or [EMAIL="Olaf.Swantee@ee.co.uk"]Olaf.Swantee@ee.co.uk[/EMAIL]

50Twuncle

Found this link - "We Are Listening" - but are they doing anything about it ?
https://explore.ee.co.uk/forms/we-are-listening


I have used it and they claim to respond within 3 days - do you think that they will ?

hammerman66

Hi All,
the following email as the first one that I sent;

Please accept this email as my notice to terminate my contract with Orange as per clauses 15.1(b) and 4.3.1 following EEs recent communication to me regarding a change to my Terms and Conditions.

I find the change unacceptable and consider it to be of Material Detriment. Additionally under Universal Service Directive 2002/22/EC of the European Parliament and of the Council 7th March 2002, Chapter IV – End User Agreements, Article 20 – Contracts, Paragraph 4 I have a right to withdraw from my contract (without penalty) upon notice of proposed modifications in the contractual conditions.

Please send my PAC code (penalty free) by return and refund any prepaid sums made on my account.


and I received this in return;

As a company EE does not accept there has been any material detriment due to the recent proposed change in its terms and conditions. Under these circumstances any request from its customers to be released from contract without penalty will be declined. Any customer wishing to cancel their contract may do so by providing the relevant 30 days notice period required but they will be held liable for any early termination fee.

The company, EE, have fully complied with the General Conditions set out under Ofcom regulations and as the previous emails and this one sets out fully the final position EE has taken in the matter no further discussion will be entered into with regard to this matter.


Yours sincerely

Executive Office,EE


What would my next move be.

thanks

naf123

I have two phone numbers which are linked on same account so I wrote the first email requesting cancellation like this

"Dear Mr Swantee

Phone Numbers 0xxxxxx and 0xxxxxxxx

Please accept this email as my notice to terminate my contract with Orange as per clauses 15.1(b) and 4.3.1 following EEs recent communication to me regarding a change to my Terms and Conditions........"

I sent it on Thursday, still haven't got reply, but wanted to double check with you guys if this is OK or should I have sent off separate emails?

Thanks