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

RandomCurve

ed_209 wrote: »

EE refusing to give a deadlock letter... complaint without merit yada yada yada...

I will reply when I have some time... this will require a little finesse

Thank you for your responses dated 28 February and 04 March 2014 requesting a deadlock reference.

I write to confirm the following:

As a company, EE is of the understanding the change of Terms and Conditions falls outside of the scope of CISAS' arbitration scheme. As such your request for a deadlock reference is denied. It is noted from your 04 March 2014 email, that you intend to approach CISAS in regard to this matter, this is of course, entirely your prerogative.

I reiterate the notification we have provided you was one advising of a change in the Terms and Conditions to provide you with better clarity under which conditions you can end your agreement without penalty. None of these conditions have been met so your complaint is without merit and your request to end your agreement without penalty is also denied.

I trust this response clarifies our final position and why no further emails relating to this matter will be responded to.
Yours sincerely

A REQUEST FOR SOME HELP PLEASE


If you use the template below -or something similar can you "thank" me - it is not that I am trying to increase my "thanked" ratings I am tying to gauge how many of us are pursuing this in case I need to contact Ofcom again - I know this won't capture those who are not members of the forum - but you guys should join in - it's free and the more views that people share the stronger we can make our case.

Okay this has gone far enough!


I have spoken with a "Consumer Advisor" af Ofcom (she asked that I did not use her name on the internet. and I will respect that) about "deadlock"


The rules are clear that if EE have said that they will not communicate further then under the regulations they HAVE TO ISSUE A DEADLOCK LETTER (apparently it is a "standard" letter which says that they will not deal with the matter further and that you may take the case to CISAS).


She suggested the following action (I also suggest that you copy in Lynn Parker at Ofcom (Consumer Director) [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL] )




Dear Mr Swantee,


Advice has been sought from Ofcom over EEs refusal to issue a deadlock reference in relation to whether or not the change in T&Cs entitles me to a penalty free cancellation as per our contract.

The Ofcom Consumer Advisor stated that where a company makes it clear that they will make no further communication on the matter (as EE have) then under the regulations you HAVE TO ISSUE A DEADLOCK REFERNCE.

Further it appears that if EE does not honour its obligation to issue a deadlock reference then it can face sanctions from Ofcom including a fine of up to 10% of its turnover.

I have copied Ofcom into this email so that they can gauge the extent to which EE is dishonouring its' obligations and again respectfully request that as EE have emailed me that you will not communicate further on this matter that you issue a deadlock reference by return.


Regards




I suggest you send the same email above every day starting subsequent emails with "This is my 2nd request" (3rd request 4th request etc). until you receive the deadlock reference.


After the Red text in the email you may want to also copy and paste the part of the last email you have received from EE that says they won't communicate further.

ed_209_2

Wow... Random Curve, you are the man!

Thank you - far better and faster than I could have come up with!

shafeeq

Hi RC

The letter says I spoken to OFCOM, since we didn't can I change the letter to say ihave been lead to believe?

Shafeeq

RandomCurve wrote: »

Okay this has gone far enough!


I have spoken to a "Consumer Advisor" af Ofcom (she asked that I did not use her name on the internet. and I will respect that) about "deadlock"


The rules are clear that if EE have said that they will not communicate further then under the regulations they HAVE TO ISSUE A DEADLOCK LETTER (apparently it is a "standard" letter which says that they will not deal with the matter further and that you may take the case to CISAS).


She suggested the following action (I also suggest that you copy in Lynn Parker at Ofcom (Consumer Director) [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL] )




Dear Mr Swantee,


I have sought advice from Ofcom over EEs refusal to issue a deadlock reference in relation to whether or not the change in T&Cs entitles me to a penalty free cancellation as per out contract.


The Ofcom Consumer Advisor informs me that where a company makes it clear that they will make no further communication on the matter (as EE have) then under the regulations you HAVE TO ISSUE A DEADLOCK REFERNCE.


I was further informed that if EE does not honour its obligation to issue a deadlock reference then it can face sanctions from Ofcom including a fine of up to 10% of its turnover.


I have copied Ofcom into this email so that they can gauge the extent to which EE is dishonouring its' obligations and again respectively request that as EE have emailed me that you will not communicate further on this matter that you issue a deadlock reference by return.




Regards




I suggest you send the same email above every day starting subsequent emails with "This is my 2nd request" (3rd request 4th request etc). until you receive the deadlock reference.


After the Red text in the email you may want to also copy and paste the part of the last email you have received from EE that says they won't communicate further.

rachx21

I have filled in the online cisas claim form and emailed my evidence separately which was my 1st email template sent to EE then the same email again but with *Letter before action* as the header, also a copy of a letter I sent in the post to EE and the text message recieved from EE informing me of the changes in t&c.i just sent all this as attachments have I done that right?? Also I have had no responses at all from EE so does that make my cisas claim void? Thank you in advance

RandomCurve

shafeeq wrote: »

Hi RC

The letter says I spoken to OFCOM, since we didn't can I change the letter to say ihave been lead to believe?

Shafeeq

Original re-worded

sshariff

RandomCurve is EE enemy number 1 at this moment. Didn't they try to bribe you yet:)?

Thanks for all your assistance to everyone on this forum.

Btw CISAS have accepted my application and have given EE until the 19th to respond back with their defense. Still I have a gut feeling that this will ultimately go to the small claims court as EE are bound to do some tacit deal with CISAS in the background!

shafeeq

RandomCurve wrote: »

Original re-worded

Hi

I re-worded that "Advice was sought from Ofcom over EEs refusal. .."

RandomCurve

esmith1234 wrote: »

.......


Whenever we have increased the Service Plan charges historically this has always been based on Retail Price Index. Therefore the change does not impose any material detriment to you. This is the companies final position and it refers the right not to enter into any further discussion with regard to this matter.......

What a fantastic email from EE. The only response is to thank them for confirming that they have indeed breached the T&Cs in the past and this is even stronger evidence that to accept the new T&Cs would be to you material detriment!


The other thing I was considering (it won't apply to you with the wording of their response) but when EE only state how the change Benefits YOU , it might be worth writing and thanking them for pointing out how it benefits you, but o understand if it is a detrimental; change you also need to know how it benefits EE? I assume you would get a "we don't need to explain our business decisions" response, but it would be great just for the fun of it!!!!

RandomCurve

sauceychoco wrote: »

Think my post may have been stuck between two much more important posts.

What should I do if Orange just don't get back to me? shall I call them or is there another email address I can forward this onto?

Yes send it again and put a "read receipt" amend the email to say "this is the my third attempt at soliciting a response"


Good Luck

RandomCurve

rachx21 wrote: »

I have filled in the online cisas claim form and emailed my evidence separately which was my 1st email template sent to EE then the same email again but with *Letter before action* as the header, also a copy of a letter I sent in the post to EE and the text message recieved from EE informing me of the changes in t&c.i just sent all this as attachments have I done that right?? Also I have had no responses at all from EE so does that make my cisas claim void? Thank you in advance

The attachment have to be in the right format so if you've done that then then it should be okay.


An interesting point that EE have not responded to you at all, it will be interesting to see how CISAS react to that - keep us posted.