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

Samarkand

Thanks Random, will do it now.

SimonD316

RandomCurve wrote: »

It seems to be the best kept industry secret (even Ofcom have refused to tell me the answer) but I have heard it said that for every case that goes to CISAS EE have to pay CISAS £300-£500.

This is really interesting - They appear to have bit their nose to spite their face a little!

We have one account with two phones, both started at different times before November 2012. The minimum terms on both were 24 months, one has six months left, the other has eight. We rarely go over the allowances, so usually pay just the basic contract price... if we leave as soon as the minimum terms expire we will pay a total of just £268.74 + VAT.

So taking the complaint to CISAS will cost them more than allowing us to cancel regardless of the outcome!! :rotfl::rotfl:

patel1977

Hi Folks

I have been following this thread for a quite a few weeks and I am in the same situation as you folks.

My contract is coming to an end in mid April 14 ( once account and 2 lines). I am on the old Flex 30 plan.

I have phoned them up and enquired about the text which I have received but were not helpful.

Anyway to cut story short, what is the best for me to do – renew my contract or move to another network- I have been with T-mobile for over 10 years.

Any suggestions would be welcome.

Thanks

Olduserpasswordforgot

RandomCurve wrote: »

For anybody who has received the response below I think they should send the email below that. This is just to clarify exactly how "awkward" EE are being and should increase your chances of receiving compensation (win or lose). As long as you have sent the FIRST email and received the response below you can jump straight to the FINAL email before taking this to CISAS. Of course you could go to CISAS now if you prefer,


EEs RESPONSE
Dear Mr xxxxxxxxxxxxxxx

Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.


Yours sincerely


Final email to send




Dear Mr Swantee,


Thank you for your email dated X,


Given that EE have changed its T&Cs which directly affects me as a customer I believe I have a legitimate expectation to be informed of the following so that I can take the appropriate action:


You have stated that “The notice we have issued to our customers is not a notice whereby the change is of material detriment” Therefore I believe I have a legitimate expectation to know what criteria you have used and which of my personal circumstances have been taken into consideration when you reach this conclusion, especially considering that under the UTCCRs EE cannot have exclusive right to determine what is of material Detriment me:


UTCCRs Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:

(m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract.)


On your website the reason for the change is cited as “We’ve clarified our terms to offer customers more certainty and transparency in the event of us making any changes to your price plan charge.” Again I believe I have a legitimate expectation to be informed of what Ofcom guidance (document name/reference) prompted this change? And what the legal effect is on me by having terms “with more certainty and transparency”


As you have stated in response to my email DATED X that “This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.”, Then If I have not had a response from you within a week of this email being sent, I will take the non-response as your refusal to engage in a legitimate debate over this change.


For your information I have already contacted CISAS who have confirmed that the statement “This is the companies final position” can be used in lieu of the issuing of a deadlock reference therefore if I have not heard from you within a week I will bring a case to you via CISAS.



Regards

Many thanks Random, i have just sent the above response to EE final response which was exactly as you mentioned.

do you know the process should EE not respond, how long will the CISAS process take?

[Deleted User]

Hi,

I renewed my contract with Tmobile last year and received the text this year February. Currently paying £60+/ month for a 2 years contract, and admittedly dislike very much the idea of having any possible price rise to the current bill.
I have not sent any emails as yet. I'd just love to know what'll roughly happen if the case goes to CISAS? How long does it take to reach a verdict? What are our chances of winning this case? Do we still have to go to small claims court in the end?

I'm sorry for asking so many questions. Any help will be greatly appreciated.

ryan92

I joined T-Mobile after october 2013 and I've received the notification of change in t's and c's through post today ?

sshariff

[quote=[Deleted User];64815439]Hi,

I renewed my contract with Tmobile last year and received the text this year February. Currently paying £60+/ month for a 2 years contract, and admittedly dislike very much the idea of having any possible price rise to the current bill.
I have not sent any emails as yet. I'd just love to know what'll roughly happen if the case goes to CISAS? How long does it take to reach a verdict? What are our chances of winning this case? Do we still have to go to small claims court in the end?

I'm sorry for asking so many questions. Any help will be greatly appreciated.[/QUOTE]

Normally takes upto 6 weeks. However cisas do tend to favour the provider on more occasions. You may also need to be open to raise a small claim in the end if needed.

The longer it takes for the process the more you will be using the current EE contract and if a decision goes in your favour then that means you have used the contract free during this period as EE will need to pay you out since you put in your notice to leave. Therefore you need to hurry to put in your notice if not already done so.

It's also not economical for EE to contest a small claim as getting legal representation for the court will cost them a lot more than settling the claim out of court. Also they wouldn't want a decision to go against them. So it is very much possible to make EE pay for the trouble they are putting us through.

The more of us that act the better.

nsabournemouth

I've had a letter through today saying that Orange customers who joined or upgraded after 30 October 2012 and before 23rd of January are affected.

That is different to the terms currently up on the EE website here.

http://help.ee.co.uk/system/selfservice.controller?ARTICLE_ID=3596936&CONFIGURATION=1016&PARTITION_ID=1&TIMEZONE_OFFSET=null&segment=consumer&isSecure=false&CMD=VIEW_ARTICLE

baldyj

Right I am confused again!!

I signed up to T-Mobile (through a 3rd partywebsite) just before Christmas. Nowhere in the package I received containing my new phone and sim card did it state the T&C's that I had signed up to. I therefore went to the T-Mobile website (http://www.t-mobile.co.uk/shop/terms-and-conditions/terms/) and downloaded the T&C's that were there entitled:

T-Mobile wrote:

Pay monthly terms and conditions for customers that joined after 30 October 2012.

In this document it states that it is:

T-Mobile wrote:

Version 59 dated October 2012.

However looking at the proposed new T&C’s coming in from 26th March 2014 (http://e-gain.s3.amazonaws.com/external/content/Ts%20and%20Cs/TMUK_PAYM_TERMS_V58C.pdf) it states it is:

T-Mobile wrote:

Version 58C dated 26 March 2014.

By this logic I would of thought that the actual version I signed up with would have been 58B?!? Does anybody have a copy of this version? Does it exist? Why would they number a newer version of the T&C's with a lower number??

Also in relation to the new terms and conditions on the T-Mobile website (http://help.ee.co.uk/system/selfservice.controller?CONFIGURATION=1016&PARTITION_ID=1&secureFlag=false&segment=consumer&TIMEZONE_OFFSET&CMD=VIEW_ARTICLE&ARTICLE_ID=3596939&CUSTOM_BRAND=TM#) it states that:

T-Mobile wrote:

Who is affected by the new terms? The new terms and conditions affect all customers who joined or upgraded to a T-Mobile plan before 30 October 2012.

Yet there is a clear detrimental change to the wording of 7.2.3.3 between version 59 (dated Oct 2012) and 58C (dated March 2014)! So how can they say only those who upgraded before Oct 2012 are affected????

50Twuncle

I sent a complaint email to Executive Office on Monday (24th) - they failed to even read it, so yesterday - I sent it again and eventually got a reply from an Angie Jones, informing me that they hadn't received it - so I resent it (3rd time) and received confirmation of receipt (automated) - but still no reply
So today - I resent it again - still no reply - so sent further HURRY UP request and have just received a reply from a Jim Phillips - asking me to resend it - yet again
Which tends to imply that for a communications company - something is terribly wrong..