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

SimonD316

RandomCurve wrote: »

Before posting a template CISAS claim I thought a little step through guide to the CISAS process may be of use.


When you submit your claim CISAS will forwarded it to EE who then have 10 days to respond (submit a defence).


CISAS will send you a copy of the defence and you will have 5 days to respond the EEs defence - you do not have to respond, but if past history is anything to go by it will be a pack of lies including claiming that CISAS do not have authority to decide these cases, and that EE have not changed your T&Cs!!! So you should respond (I am happy to help if needed).

Thanks for the guide, this is the first time I've used CISAS so it's all new to me. I've got a couple of questions about the process...

How long does it take for CISAS to send the application to EE? I sent mine on 25th Feb. Should I get confirmation it's been sent onto them?

Is the ten days to send a defence working days? and the same for the five days to respond to the defence?

PEllix

RandomCurve wrote: »

The pre October 2012 (Orange and T-Mobile) never referred to any other rate other than RP (or its processor), so you can't use the fact the contract has moved from the lower CPI to the Higher RPI rate, but you can use the other arguments put forward (Material detriment being ambiguous, and unenforceable clause to enforceable per Ofcom guidance).


You could also construct an argument that the original intention of RPI not being of Material detriment was that it was the UKs National measure of inflation, however since March 2013 RPI is no longer a National Statistic and has been replaced by CPI as THE official measure of UK inflation. You where contractually bound by RPI, but when EE updated the T&Cs they should have also replaced RPI with CPI as any right to increase the price over and above CPI would be creating a rise that was of Material detriment as it is above the official UK inflation rate. As you have the right to cancel the contract if it is to your material Detriment - then that is what you are doing.


The above are all in addition to the argument that the old Orange contract referred to a defunct RPI and publishing body and so is likely to be unenforceable.

I haven't posted on this thread yet, but I have been following it closely, and have sent the first three emails (to the executive team) that RandomCurve generously provided.

I am on a pre-October 2012 T-Mobile Contract, am I correct in thinking that I shouldn't use the templates in post #267 and #269 to submit a claim to CISAS in that I should remove the extensive section arguing the difference between the CPI and RPI?

I think I have a paper copy of my original terms and conditions at home, I shall try to look it out this evening.

[Deleted User]

50Twuncle wrote: »

I have decided not to stay with EE - after my 2 year contract expires in 2 months time

I need an "unlocking code" for my Samsung note (GT N7000) -

I tried all of the usual on-line sources - but none could guarantee me a working code - so I reluctantly filled in EE's £20 + vat form - to wait up to 2 months for the code

I received confirmation of my order by text "Thanks for submitting your request to unlock your iphone. Please allow 20 days to receive your email detailing the code and instructions to unlock your iphone."

The BLITHERING IDIOTS think that I have an iphone - which will no doubt fail to unlock - leaving me with an unusable phone

I requested an unlock code for my handset last year October and received a text saying that I have an iphone. I called their CS up and was told that in their system both the note and the text were all stating that I'd required code for xxx not an iphone, and thus I should not worry too much. I think the text is sent to everyone whoever asking for a code.

Since I sent my first email to EE, still have no reply as yet, not even a Read message come through. I think I probably needed to send another email soon using the FAO.

50Twuncle

[quote=[Deleted User];64863590]I requested an unlock code for my handset last year October and also received a text saying that I have an iphone. I called their CS up and was told that in their system both the note and the text were all stating that I'd required code for xxx not an iphone, and thus I should not worry too much. I think the text is sent to everyone whoever asking for a code.

Since I sent my first email to EE, no one has replied yet, not even a Read message come through. I think I probably needed to send another email soon using the FAO.[/QUOTE]



So - you asked for an unlock code for a handset - last October and they still have not sent it yet ???

[Deleted User]

50Twuncle wrote: »

So - you asked for an unlock code for a handset - last October and they still have not sent it yet ???

Sorry for the late reply. No in fact I received the code within 2 weeks time. A lot quicker than the time frame they suggested.

The email I talked about above is the termination email I sent to EE last week.

Keverso

jakethepeguk wrote: »

If your using Outlook, make you go to options and click both delivery and read receipt and maybe resend them the mail, so at least you have a read receipt.
I have found they generally read the mails within 24 hours, then take as long as they feel like, to respond.
no harm in resending tbh, make sure you send it as a new mail though, they have an auto delete program that will delete your resends.

Done and done. Sent one e-mail for each of us and just received the read receipts.

Now I join you guys in the wait.

Kevin.

Wallace231

Just received this email from CISAS...
PRIVATE AND CONFIDENTIAL
03 March 2014
For information only
Dear Mr ******
Case No: **** - ***** v T-Mobile (UK) Limited
We acknowledge receipt of an application for adjudication by the customer, a copy of which
is attached for the attention of the company.
Please note that any further documents submitted after this date may lead to your
application being restarted in order to give the company time to consider them.
In accordance with the rules of the scheme, the company is now required to submit two
copies of their response to the claim, which should be returned to us within 10 working days
of receipt of this letter, that is, on or before 17/03/2014. The company should list all papers
being submitted, and where possible submit their response by email. A copy of any
defence to your case received from the company will be sent to you and you will be given
the opportunity to make any comments about it which you wish to make.
Please be advised that the company may contact you in order to negotiate a settlement of
your claim. If they do that but no agreed settlement is reached they must still submit their
defence to your claim by the due date above.
The company may decide to settle your claim in full, ie to give you everything you are
claiming in your application. Under these circumstances the company will notify us and we
will write to tell you. We will close our file at that time because the adjudicator has no power
to award any more than is claimed.
We will contact you again in due course.
Yours sincerely,
Miss *****

Liam-1987

Hello Lee,

We have not raised our monthly plans, and we have no intention of raising the prices over the rate of inflation.

However if we do raise our price plans over the rate of inflation, you could cancel free of charge.

Thanks,
William

I received that from EE and hey I've reading this last few days some good advice here.

shafeeq

Hi

I put my on line application in today, after giving EE a week to get back to me. Which they haven't. I emailed documents to CISAS.

Here hoping...

THANKS RC couldn't have dont it without your help and support.

Shafeeq

RandomCurve wrote: »

Before posting a template CISAS claim I thought a little step through guide to the CISAS process may be of use.


When you submit your claim CISAS will forwarded it to EE who then have 10 days to respond (submit a defence).


CISAS will send you a copy of the defence and you will have 5 days to respond the EEs defence - you do not have to respond, but if past history is anything to go by it will be a pack of lies including claiming that CISAS do not have authority to decide these cases, and that EE have not changed your T&Cs!!! So you should respond (I am happy to help if needed).


Once CISAS receive your response to the defence an adjudicator will be appointed (takes a day or 2) and then CISAS will make a judgement within 3 weeks of the appointment.


As for the application process itself it goes like this:


I will post a CISAS claim that you should just be able to copy and paste into the CISAS claim form (it is less than 750 words) which can be found here:

http://www.cisas.org.uk/Makeanapplication-25_e.html

Don't forget to update the Red and blue items dates/clauses as relevant to you.

When you follow the link above you will need to enter some details (name address etc etc) there are also some drop down boxes - most are self explanatory, but here is some guidance:

• 'Dispute Type'- contract Terms
• 'What do you want the company to do?'
  • 'take some action' - Give a back dated penalty free cancellation and a PAC and unlock code
• 'Give you money' *

* the amount you put in this box is the MAXIMUM they will give you, you will see from the claim below that I have put in 4 lots of 25 pounds,

You will also have an option to upload "evidence" or to submit that separately by email - I suggest you submit it separately via email (as the attachments method did not work when I tried to do it that way). The evidence is just the emails you have sent EE and the responses you have received. If you have a copy of the Text they sent in February and you can "copy" it into an email then use that too. These emails are the Appendix 2 - X referred to in the claim I will supply Appendix 1.

BananaPilot

I submitted my application to CICAS on 24/02/2014.

Just got an e-mail from them confirming my application and giving me my reference number. The 10 working days countdown has been started from today.