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

RandomCurve

BananaPilot wrote: »

Just had an email from CISAS. EE were supposed to respond by 17/03/2014:



"We acknowledge receipt of a request from the company for an extension of time in which to submit their defence. Under CISAS rules, one extension, up to 5 working days is allowed and we therefore expect the defence [FONT=Arial,Arial][FONT=Arial,Arial]on or before 24/03/2014[/FONT][/FONT].

If the defence is still not received by this deadline then we will proceed with the appointment of an adjudicator and refer to the adjudicator the documents received to date.

The adjudicator may then proceed to determine the dispute ex-parte on the basis of the statement of claim documents. Alternatively if the adjudicator sees fit, he / she may direct that the company may have a further extension of time within which to submit the defence to claim."

Does this mean EE are worried?

Keep us posted with developments - even if it is just to say they have not provided a defence.


If you can post EEs response in full (take out your name case ref and phone number that would be much appreciated so that we can start on a response to the defence - we only have 5 days.

BananaPilot

I have sent CISAS an email reminding them that today is D-Day.

I will not be holding my breath!

RandomCurve

BananaPilot wrote: »

I have sent CISAS an email reminding them that today is D-Day.

I will not be holding my breath!

No problem.


After today I may not be able to log on again until Thursday, but I will be watching and will be preparing a response if you (or anyone else) post something from EE.

Liliya

Hi, I've been viewing/ following the thread up to now and emailing Orange

My emails seem to be going along the same lines as glasgowm148 (my responses are from the same rep) and have just sent response #543 and copied ofcom in.

Thanks RandomCurve for putting so much effort into this

50Twuncle

I have received the following from EE (re the non working unlock code that I paid £20.42 for)

"Please be advised that the credit adjustment of £20.42 including VAT has been applied to your T-Mobile account on 17 March 2014 and was applied as way of reimbursing the unlocking administration fee that you were charged on 2 March 2014. I confirm that this credit will be reflected on the bill total of your next T-Mobile bill dated 26 March 2014."

The thing is that my billing date is NOT 26th March - it is 13th March and no credit was applied to my normal £15.80 bill !!
What an absolutely appalling company.

tateman

I'm at the CISAS stage and have submitted my application. Thanks to all who have helped me out on this thread, fingers crossed we get a satisfactory conclusion!

RandomCurve

I've had an email from Lynn at Ofcom saying that she will call me to discuss this later in the week. I have sent her the following to form the basis of the conversation, so PLEASE copy [EMAIL="Lynn.Parker@ofcom.org.uk"]Lynn.Parker@ofcom.org.uk[/EMAIL] into your correspondence with EE as it is helping me to move this along:




Lynn,


Thank you for agreeing to call me back later in the week. It would probably be easiest to catch me via my mobile number – 07XXX-XX-XXXX.


I wanted to discuss what consumers should do if EE persist in refusing to issue deadlock letters in relation to the recent change in T&Cs. It may be that EE are correct in that the change is not likely to be of Material Detriment, but y understanding of the UTCCRS is such that EE cannot have exclusive right to determining this and therefore if the customer sees this differently then an independent person (adjudicator or judge) needs to be involved. I further understand from conversation with Ofcom advisors and our earlier correspondence that under the regulations EE have to issue a deadlock reference when they have refused to communicate further.


As I’ve stated before this is not an isolated case and I am representing a number of EE customers in regards to this issue and we want o know what steps can be taken to ebsure that EE complies wit hteh regulations as it does not seem right that consumers have to wait 8 weeks when EE have already refused to communicate further.


I look forward to discussing this with you.


Regards



RC


I have included some correspondence below to give you a flavour of what has been happening (I understand that some customers have been copying you into their correspondence – I have highlighted certain phrases).



FROM EE Refusing to issue a deadlock letter


Thank you for your responses dated XX February and XX 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 XX 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





RESPONSE TO EE


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 REFERENCE.

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.




Response from EE


Dear Mr G,

Thank you for your recent email. Your comments are acknowledged.

EE will not be issuing a Deadlock reference in relation to this matter. Any customer can contact CISAS, without a reference number, at any time for an independent advice. They have a very informative website and their contact details are:

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

Email: [EMAIL="info@cisas.org.uk"]info@cisas.org.uk[/EMAIL]
Tel: 020 7520 3827
Fax: 020 7520 3829

I trust this clarifies our position in the matter.



Response to above


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 REFERENCE.

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.

Given the above regulations can you explain on what basis/Ofcom regulation EE are relying on in refusing to issue a deadlock reference"



Regards




Response from EE


Thank you for your email and I am sorry you remain unhappy. Whilst I will not issue a deadlock letter on this matter, I have supplied details below, in order for you to approach CISAS on this matter.

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

Email: [EMAIL="info@cisas.org.uk"]info@cisas.org.uk[/EMAIL]
Tel: 020 7520 3827
Fax: 020 7520 3829

I trust this clarifies our position in the matter.

Yours sincerely



Dawne Hauxwell

50Twuncle

Since Tmobile is still running, in its own right and I signed up with Tmobile NOT EE - EE appear to have taken my contract over with no permission or say so from me - Who is still on a Tmobile contract ?

andrewmp

I don't think I'd ever take out another contract with them, they obviously don't have any idea what customer care is.

50Twuncle

andrewmp wrote: »

I don't think I'd ever take out another contract with them, they obviously don't have any idea what customer care is.

I would (and have !!) strongly advise any potential customer of EE to avoid EE like the plague !!
They are an absolute nightmare to deal with - Customer Care ends at the point where you sign away your rights and as for financial !!!!!! - they have less than any comparative company that I have ever come across - ie Zero


So EE (and I know that you are reading this) - if you want to survive - it is time to change your attitude - if you don't - you are going under (the sooner the better)