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

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  • I just received a new response about going to Cisas but not actually giving me a deadlock ref number. Its been under 8 weeks since I contacted them so I presume I need one before I go to Cisas. Shall I ask for a deadlock reference from EE before I go to Cisas (cc'ing in Lynn)?

    "
    As you remain unhappy with the recent change in your terms and conditions I must advise you are able to seek independent advice from CISAS.

    Under Ofcom regulations all communication providers must subscribe to an independent adjudication scheme, EE is a member of the Communications and Internet Services Adjudication Scheme (CISAS). If you so wish you may seek advice on this matter from CISAS, contact details for CISAS are:

    CISAS
    International Dispute Resolution Centre
    70 Fleet Street
    London
    EC4Y 1EU

    Email: info@cisas.org.uk

    Phone no. 020 7520 3827

    Please be advised while EE now considers this case to be closed.


    Yours sincerely

    Executive Office,EE
    "
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    I just received a new response about going to Cisas but not actually giving me a deadlock ref number. Its been under 8 weeks since I contacted them so I presume I need one before I go to Cisas. Shall I ask for a deadlock reference from EE before I go to Cisas (cc'ing in Lynn)?

    "
    As you remain unhappy with the recent change in your terms and conditions I must advise you are able to seek independent advice from CISAS.

    Under Ofcom regulations all communication providers must subscribe to an independent adjudication scheme, EE is a member of the Communications and Internet Services Adjudication Scheme (CISAS). If you so wish you may seek advice on this matter from CISAS, contact details for CISAS are:

    CISAS
    International Dispute Resolution Centre
    70 Fleet Street
    London
    EC4Y 1EU

    Email: [EMAIL="info@cisas.org.uk"]info@cisas.org.uk[/EMAIL]

    Phone no. 020 7520 3827

    Please be advised while EE now considers this case to be closed.


    Yours sincerely

    Executive Office,EE
    "


    I'm pretty sure the above IS A DEADLOCK LETTER. having never seen one before todays postings I can't be 100% sure, but as it says that you can seek independent advice from CISAS - and goes on to give you contact details, then I can't see how CISAS can possibly say that EE have not giving you "permission" to take it to CISAS.


    I may have confused things before by saying "Deadlock Reference".


    Win or lose once CISAS accept your case it has cost EE far more than they will ever recoup from you via an RPI price rise:)
  • Ed13P
    Ed13P Posts: 13 Forumite
    Not sure if that is deadlock or not.


    I would send #402 (copy in [EMAIL="Lynn.Parker@Ofcom.Org.uk"]Lynn.Parker@Ofcom.Org.uk[/EMAIL] and add at the end "Given the above regulations can you explain on what basis/Ofcom regulation EE are relying on in refusing to issue a deadlock reference"

    I had a similar response basically saying they had complied with all regulations set by Ofcom so they would not issue a deadlock reference and telling me I could approach CISAS independently.

    I am not holding out much hope for a favorable response from CISAS so I have sent EE a letter before action and may simply go straight to the County Court.
  • I'm pretty sure the above IS A DEADLOCK LETTER. having never seen one before todays postings I can't be 100% sure, but as it says that you can seek independent advice from CISAS - and goes on to give you contact details, then I can't see how CISAS can possibly say that EE have not giving you "permission" to take it to CISAS.


    I may have confused things before by saying "Deadlock Reference".


    Win or lose once CISAS accept your case it has cost EE far more than they will ever recoup from you via an RPI price rise:)

    Thanks for all your help RandomCurve. I will contact Cisas and ask them if I actually need a 'reference'. Having a look at Cisas website it dosnt really suggest you need one, just that the company (EE) need to refer you to Cisas.

    "You can apply to use CISAS if:

    - you have not been able to settle your complaint within eight weeks of first complaining to the
    company; or

    - the company has referred you to the scheme."
  • boatman
    boatman Posts: 4,700 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To quote the responsibilities of the new CMA:

    http://www.oft.gov.uk/about-the-oft/work-and-responsibilities/#named2

    The OFT, and from 1 April 2014 the CMA, retains its powers to enforce consumer law, with lead responsibility on unfair contract terms, using them to tackle widespread practices and market conditions that make it difficult for consumers to exercise choice or to seek out the best deal - for example, where consumers are prevented from switching suppliers by unfair contracts or where misleading pricing practices are widely used. A number of sectoral regulators share concurrent competition and consumer powers with the OFT, and will continue to share these powers with the CMA. This includes Ofcom, Ofgem, the Office of the Rail Regulator, OFWAT, the Civil Aviation Authority, the Financial Conduct Authority and Monitor (competition powers only).
  • @randomcurve,
    is there any ground in. us repeating your question to ofcom, given you are clearly being ignored?
    I will happily jump on board, as the more and more I read, the more I am getting irratated by the anti consumer practices of the companies that were set up to protect us.
    I have also sent watchdog a couple of emails, (as I know many before me have), to see if we can get some media backing in this.
  • I just received a new response about going to Cisas but not actually giving me a deadlock ref number. Its been under 8 weeks since I contacted them so I presume I need one before I go to Cisas. Shall I ask for a deadlock reference from EE before I go to Cisas (cc'ing in Lynn)?

    "
    As you remain unhappy with the recent change in your terms and conditions I must advise you are able to seek independent advice from CISAS.

    Under Ofcom regulations all communication providers must subscribe to an independent adjudication scheme, EE is a member of the Communications and Internet Services Adjudication Scheme (CISAS). If you so wish you may seek advice on this matter from CISAS, contact details for CISAS are:

    CISAS
    International Dispute Resolution Centre
    70 Fleet Street
    London
    EC4Y 1EU

    Email: [EMAIL="info@cisas.org.uk"]info@cisas.org.uk[/EMAIL]

    Phone no. 020 7520 3827

    Please be advised while EE now considers this case to be closed.


    Yours sincerely

    Executive Office,EE
    "

    I have also received this email today so will be filling in cisas forms tomorrow.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The reason that Ofcom is not exactly willing to help the consumer is that it is funded by the very people with whom we have a gripe - the telecoms, broadcasting and communications industry .....
    At least CISAS is funded by the Department for Business Innovation and Skills.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Ed13P wrote: »
    I had a similar response basically saying they had complied with all regulations set by Ofcom so they would not issue a deadlock reference and telling me I could approach CISAS independently.

    I am not holding out much hope for a favorable response from CISAS so I have sent EE a letter before action and may simply go straight to the County Court.
    You really need to use the Cisas procedure first. The Court will not take kindly to you using them as a first resort and might award costs against you. You should point out to EE that refusing to issue a deadlock letter constitutes "Unfair trading".
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    @randomcurve,
    is there any ground in. us repeating your question to ofcom, given you are clearly being ignored?
    I will happily jump on board, as the more and more I read, the more I am getting irratated by the anti consumer practices of the companies that were set up to protect us.
    I have also sent watchdog a couple of emails, (as I know many before me have), to see if we can get some media backing in this.


    It might help - so yes please also contact Ofcom and ask them if they will be compelling EE to comply with GC 9.6 and write to all customers to whom they sent the change in T&C text to informing them of their potential cancellation rights should they believe the change is "likely to be of Material Detriment" to them. As it is obvious that the Ofcom guidelines to ensure T&Cs are fair and enforceable can only apply to new contracts as changing existing contracts to make the terms enforceable is by definition a material detriment to the consumer.


    Put the last bit in so it gives Ofcom a way of challenging EE without looking stupid themselves, and of course if Ofcom came back that the guidelines do apply to existing contracts then that will be further proof of where Ofcoms loyalties lye!


    Thanks
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