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

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  • Liam-1987
    Liam-1987 Posts: 14 Forumite
    edited 4 March 2014 at 12:11AM
    I sent the templates off Thursday but not had nothing back. So do I just wait for this letter to state they are putting my monthly tariff up when I ring them they always make out I'm wrong and there right and leave me speechless proper annoying lol
  • Keverso
    Keverso Posts: 38 Forumite
    As recommended earlier in this thread I sent two e-mails (one for me, one for my wife) via outlook requesting read receipts. We received them yesterday afternoon stating that the mighty Olaf himself had read. So I am assuming (hoping) this will count as proof we did sent e-mails.

    I have been following this thread and read the whole thing (quite the saga) and am wondering with all the backwards and forwards how it is looking for an end game? Would I be right in assuming that once the first person get a ruling be that form some organisation EE will listen to, small claims court or what ever, that the rest of us have a reasonable expectation to get the same deal after that? Looking forward to seeing how this one plays out

    Kevin
  • sshariff
    sshariff Posts: 97 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    edited 4 March 2014 at 9:24AM
    I'm sorry, but those posts were for post 30th October 2012, the pre 30th October 2012 contract clauses are different - I should have made it clearer (I have updated the post to hopefully make it so).


    Best to give CISAS a call and find out how you cancel the claim and resubmit.

    Apparently EE had several pre Oct 2012 terms and conditions floating about! Some with an old clause and others with the new clause (similar to post Oct 2012 contracts).

    The pre Oct 2012 terms and conditions that EE refer to are on their website http://help.ee.co.uk/system/selfservice.controller?CONFIGURATION=1016&PARTITION_ID=1&secureFlag=false&TIMEZONE_OFFSET=&CMD=VIEW_ARTICLE&USERTYPE=1&ARTICLE_ID=1423731

    Note that this is what they have for their customers since last year and the document footer also states a date of Oct 2012! So they themselves are admitting to these terms for pre Oct 2012 contracts!

    If you look at the website http://www.tomforth.co.uk/orange/ you can see the case of Jamie Aikers where he managed to get out of the contract penalty free last year by utilizing EE's pre Oct 2012 clause that they have put up on their website!
  • SimonD316
    SimonD316 Posts: 331 Forumite
    Part of the Furniture Combo Breaker
    sshariff wrote: »
    Apparently EE had several pre Oct 2012 terms and conditions floating about! Some with an old clause and others with the new clause (similar to post Oct 2012 contracts).

    The pre Oct 2012 terms and conditions that EE refer to are on their website http://help.ee.co.uk/system/selfservice.controller?CONFIGURATION=1016&PARTITION_ID=1&secureFlag=false&TIMEZONE_OFFSET=&CMD=VIEW_ARTICLE&USERTYPE=1&ARTICLE_ID=1423731

    Note that this is what they have for their customers since last year and the document footer also states a date of Oct 2012! So they themselves are admitting to these terms for pre Oct 2012 contracts!

    If you look at the website http://www.tomforth.co.uk/orange/ you can see the case of Jamie Aikers where he managed to get out of the contract penalty free last year by utilizing EE's pre Oct 2012 clause that they have put up on their website!

    I think I'm in a similar situation, but I think their terms and conditions do actually help us out.

    At some point they will have changed from the Pre-October 2012 terms and conditions. But in both of them the clause 15.1 is very much the same:
    15.1(b) - If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).
    15.1 - If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).

    So I think we can argue we accepted those changes to move to the post October 2012 terms and conditions, but we do not accept the latest change.
  • shafeeq
    shafeeq Posts: 973 Forumite
    Part of the Furniture 500 Posts
    Hi


    Just phoned and cancelled my application.


    Shafeeq

    I'm sorry, but those posts were for post 30th October 2012, the pre 30th October 2012 contract clauses are different - I should have made it clearer (I have updated the post to hopefully make it so).


    Best to give CISAS a call and find out how you cancel the claim and resubmit.
  • patel1977
    patel1977 Posts: 62 Forumite
    Hi

    I have 3 times last week to EE executive office but no reply as yet.

    I am on the Flex 30 plan, contract is ending in April 2014.


    Any advise would be appreciated .

    Please recommend what to do!!
  • sshariff
    sshariff Posts: 97 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    SimonD316 wrote: »
    I think I'm in a similar situation, but I think their terms and conditions do actually help us out.

    At some point they will have changed from the Pre-October 2012 terms and conditions. But in both of them the clause 15.1 is very much the same:





    So I think we can argue we accepted those changes to move to the post October 2012 terms and conditions, but we do not accept the latest change.

    No, don't argue that you accepted "post Oct 2012 terms" as it is just your existing terms that you are referring to as per their website. Last year when Orange raised it's prices they sent us a letter and advised us to refer to the full pre-Oct terms and conditions on their website (which is the link that I provided). They were just being their usual devious selves by sneakily amending the terms so that they could be enforced (the old clause referred to a govenment body that no longer existed)!

    At that time I got a better deal arranged through customer services but by arguing my case, however in hindsight I should have taken them to a small claims court and got out penalty free.

    They are repeating the same trend once again. Again as RandomCurve has already pointed that CISAS (so called independent body) and EE do have discussions amongst themselves and ultimately tend to favour the provider! However the small claims is the route which we should ultimately be taking as we definietly have an independent judge to decide (and it costs very less to apply). I have yet to see a single person lose a small claims against EE based on change in contract terms or enforcement of an unenforceable contract clause! remember it will cost EE a lot more to defend a small claim in court with the added problem of losing face in court if they lose!
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The most important question is :


    What has been the outcome of these claims on EE via CISAS ?


    Has anyone actually won ?


    How much and on what did you base your claim (please detail)


    Also - if you have won - what was the resulting payout based on - (months left / standard compensation / monthly tariff or something else ?)
  • Hi, I put in a cisas application but not sure if I emailed evidence correctly. I just forwarded all the emails with the subject line appendox1 ,2 etc and the first line was my reference number. Would that be the correct way or do I need yo resend. I sent them in the 27th Feb. Thanks
  • 50Twuncle wrote: »
    The most important question is :


    What has been the outcome of these claims on EE via CISAS ?


    Has anyone actually won ?


    How much and on what did you base your claim (please detail)


    Also - if you have won - what was the resulting payout based on - (months left / standard compensation / monthly tariff or something else ?)

    Whoa there sailor... its early days yet. The contract change was only notified a few weeks ago, it could be a month or two before even the first people get their cases looked at before your questions can be answered.
    A big believer in karma, you get what you give :A

    If you find my posts useful, "pay it forward" and help someone else out, that's how places like MSE can be so successful.
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