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

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  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    edited 8 March 2014 at 6:38PM
    Another update to help you find your way around
    For anybody who has yet to send the email at #44 it MAY already be too late - you have 30 days from the date you received the text (plus 2 days - I think I read somewhere that you are deemed o have received two days after it is sent).

    Email 1 - Original cancellation request is at post #44
    All Orange and T-Mobile clauses are at post #57
    EEs response to email 1 is at post #65
    Email 2 - response to EE is at post #68
    EE response to email 2 is at #73 OR #98
    Email 3 - response to EE is at post #110 or #111 for post #73
    Email 3 - response to EE is at post #116 for post #98
    A CISAS guide to read BEFORE sending ANY of the CISAS templates #266
    CISAS Template #267 and #269 for POST 30th October contract holders for Orange, T-Mobile, and EE
    CISAS Template #383 for T-Mobile PRE 30th October 2012 contract holders
    CISAS Template #385 for ORANGE PRE 30th October 2012 contract holders

    Post #402 if you want to "force" a deadlock notice from EE - only to be used when you have an email saying that EE will no longer communicate with you.


    May be worth copying in [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL] on all emails, as Ofcom have to report on the number of complaints they receive for each operator, and better still it will make it harder for Ofcom to accept EEs excuse that this error (of not issuing deadlock letters) has only happened in a small number of case - as in past dealings with Ofcom they blindly believe what EE tell them!
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Frankly - I am surprised that EE have not "switched off" their automatically sent read receipts - it does show that they are stupid as well as ignorant .....
    Incidentally - they have the ability to intercept emails sent and received from your EE phone - not that they would survive long if anyone could prove this - but just be aware !!
  • sshariff
    sshariff Posts: 97 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Go with 50Twuncle.


    Copying in Lynn at Ofcom will help. I am in dialogue with her (although she has also gone a bit quiet lately - possibly working behind the scenes with EE to see how EE can escape this!!) so the more people who email her, the more I can pressure her to get Ofcom to intervene.


    I've already tried to block EE from pressuring CISAS not take cases (after CISAS had already accepted cases) like they did in the price rise fiasco of 2013, by contacting Ofcom to get their view on the role of CISAS - a pre-emptive strike!!!!!

    Hi RandomCurve,

    We would appreciate it if you can also keep something typed up in advance for our small claims case filings which we might ultimately need to pursue.

    Both OFCOM and CISAS are bodies created to give us the customer the feel that someone exists to intervene, however they are known to actually be there for the wealthy service providers to allow them act as they wish (just like Ofcom making amendments to allow them to increase prices by making their terms clearer)!

    I still don't trust if there will be any positive CISAS outcome to this. I believe that our case adjudicators at CISAS never act independently and for cases that tend to go in the customers favour they will need to get it authorized by their senior (so much for being independent)!

    We will have a greater chance of success in court. The 19th is not that far now when we get to hear back from EE!
  • nsabournemouth
    nsabournemouth Posts: 2,042 Forumite
    edited 9 March 2014 at 10:16AM
    As taken from the Ofcom website:

    http://ask.ofcom.org.uk/help/services-and-billing/conchange

    Communications providers must provide customers for whom a change is likely to be of material detriment with one month’s notice of the change.

    At the same time, customers must also be informed that they are entitled to terminate their contract without penalty if the change is not acceptable to them.


    First up EE can't decide what is material detriment and second, If EE have made contact with you then they must deem the change to be of material detriment?

    On the subject of EE not responding, if you've given them notice that you don't accept the change then I would assume that unless they challenge your notice they must accept it if they haven't said otherwise within the 30 days.

    I've told them that I am 11 days in to my notice, they are yet to challenge my claim to cancel so in 19 days my contract would have finished.
  • louisg
    louisg Posts: 26 Forumite
    Just received my 1st email back from the executive office.

    I originally sent my first email on 12/2/14 :(

    Second email from this thread now sent.

    Thanks RandomCurve for your help
  • ryan92
    ryan92 Posts: 607 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Received an email from them today ; just the template others have had

    Thank you for your email regarding the recent text message you received.

    Please be advised the text message sent to you was not sent to notify you of a price increase but to advise you of a change in our network terms and conditions which will be made from 26 March 2014.
    As a company we wish to provide clarity on the terms to ensure customers are provided with more certainty and transparency in the event of us making any changes to your price plan. The update in the terms and conditions supports the guidance Ofcom recently issued around fairness in contracts around several issues, including price increase in contract. The change in the terms provides greater clarity on price increase notification, which includes the instances when you as a customer have the right to cancel a contract without charge.
    In addition to the above we have signed up to the government's Telecoms Consumer Action Plan which aims to improve the customer experience in a number of areas, including bill transparency and certainty over the lifetime of a contract, in line with the principles of Ofcom's guidance.
    I trust the above explains
    Yours sincerely


    Executive Office,EE

    Not once did I mention a price increase
    Currently in a Protected Trust Deed - 23 payments until DEBT FREE - February 2027
  • tateman
    tateman Posts: 22 Forumite
    I finally got a response some 8 days after my email initial #44 email, exactly the same as ryan92. 2nd email it is.
    Thanks
    Richard
  • sauceychoco
    sauceychoco Posts: 61 Forumite
    Yep, I finally got a response today at 12pm so looks like someone is working overtime in the executive office. only took them 23 days and with two chaser email!

    second letter time.
  • tateman
    tateman Posts: 22 Forumite
    Its going to be interesting how this all pans out. I'm usually a fair kinda guy and would just go with the T&C changes but so soon into my most expensive contract yet and after 14 years with the same operator without a reduction then this is the last straw.

    Whats everyone's aim with this? contract exit and keeping the phone? or would anyone be open to compromise, say a discount on their contract?
  • Sent this email on the 28th. (10 days ago) No response. Should i send another? I've tried skimming this thread but it's a bit long.
    Dear Mr Swantee


    Phone Number XX


    Please accept this email as my notice to terminate my contract with T-mobile/EE as per clauses 2.11.2 and 7.2.3.2 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.




    Regards

    --
    Mark
    Capital One - 950/1400 :eek:
    Barclay Card - 400/1250 :beer:
    Overdraft - 1500/2100 :mad:
    Personal Debt - 0/2000 :T
    nPower - 900/1115 :A
    Total - 3724/7900 -- 52% paid off!
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