📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

Options
15960626465210

Comments

  • sshariff
    sshariff Posts: 97 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    CPI is at 1.7%, the lowest it has ever been and RPI for Feb was 2.7%. http://www.bbc.co.uk/news/business-26730533

    So shortly we can expect EE to provide a notice of price increase based on the higher RPI rate!
  • andrewmp
    andrewmp Posts: 1,792 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    50Twuncle wrote: »
    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)

    Freudian slip?
  • boatman
    boatman Posts: 4,700 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 March 2014 at 4:22PM
    I think its got to the stage where these companies need a real rocket up their behinds, they should be running scared of the regulator like the airlines with the CAA, instead of acting with complete contempt to the consumer CISAS and OFCOM, they are laughing in our faces.
    The terms and conditions for these companies need to done by the regulator as they have all clearly proven they are incapable of writing or complying with their own, OFCOM need an instant say in contract issues if the operator fails to resolve the problem quickly, at the moment the mobile companies are costing us tax payer to clear up their mess by having such a long winded time consuming and expensive process. Everybody has phone and or access to email, we are no longer waiting on snail mail or carrier pigeon, having to wait 8 weeks to complain to CISAS is a waste of everyone's time, there is no reason why the companies need more than 3 days to sort problems out, if they don't, OFCOM will do it for them, they run a network 24/7, they have ops managers on duty having to make and act on decisions all the time, they can do the same for customers. We have had mobiles for long enough now to produce a flowchart/checklist and have a standard response to peoples complaints and problems.
    The same applies to the energy companies, they have had their fun and ripped off the consumer for too long, it has to change.

    Oh and while I'm at it, why are they complaining about people not paying TV licences, scrap the licence and take the money out of VAT or tax and get rid of another load of bureaucrats lining their pockets arguing over a licence.

    RandomCurve, have you made any contact with the:
    http://www.communicationsconsumerpanel.org.uk/
  • baldyj
    baldyj Posts: 194 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I have sent CISAS an email reminding them that today is D-Day.

    I will not be holding my breath!

    Any joy yet Banana?

    My EE response is due tomorrow (although there hasn't been any extension given so far)
  • Just checked my e-mail, been off work today.


    This is EE's response to my CICAS complaint. Looks like I have some reading up to do!



    Document is too long, will have to split it.

    DEFENCE
    1. The Respondent denies liability to the Claimant as pleaded, or at all.
    2. The Respondent is a mobile telecommunications network operator that enters
    into Service Agreements with its customers to enable its customers to access its
    network. The Claimant is one such customer of the Respondent.
    3. Access to the Respondent’s network is granted to the customer by way of the
    issuance to the customer of a SIM card which is issued subject to the
    Respondent’s then applicable conditions for telephone service.
    4. The Claimant has been a customer of the Respondent since ** September
    2013, when he connected to the Respondent’s network via the Respondent’s
    telephone sales department. The Claimant was made aware that the Agreement
    was subject to terms and conditions which were offered to the Claimant prior
    to entering into the Agreement and were available for viewing on the
    Respondent’s website. A copy of the terms and conditions were subsequently
    despatched to the Claimant.
    5. The Claimant is registered with the Respondent as a consumer and was
    allocated account number ********* upon connection. The Respondent
    submits that the Claimant has one active mobile telephone number on the
    above account, being 07941 ****** (“the Mobile Number”).
    6. The Respondent maintains a paperless environment with regards to Service
    Agreements entered into with its customers but does not retain a copy.
    However, the Respondent maintains a record of the applicable terms and
    conditions that govern each Service Agreement entered into.
    7. At Schedule 1 attached hereto is a copy of the Terms and Conditions for
    Telephone Service – Conditions Version 01A. The Respondent submits that
    such terms and conditions relate to the original terms and conditions to the
    Agreement.
    8. At Schedule 2 attached hereto is a copy of the amended terms and conditions –
    Conditions Version 01B, to be subject to the Agreement and take effect as of
    the 26th March 2014.
    9. The Respondent submits that this dispute, as per the Claimant’s application,
    arises from the Respondent’s amendment of the terms of the Agreement
    between the Claimant and Respondent. The amendment changed the
    circumstances in which a price rise gives the Claimant an automatic right to
    terminate the Agreement, without paying a cancellation charge. The
    amendment was introduced in light of recent Ofcom comments with the
    intention of increasing certainty for consumers and is to the Claimant’s benefit.
    10. As to the substance of this complaint, the Respondent’s position is that it has a
    general right to change the terms of the Agreement, as per the terms and
    conditions exhibited at Schedule 1. That right is subject to the right of the
    Claimant under the terms of the contract and the regulatory scheme to
    terminate the Agreement if the change is of material detriment to the Claimant.
    However, in the present case, the change is not of detriment to the Claimant at
    all, alternatively any detriment is marginal and not material. On the contrary, it
    is to the Claimant’s benefit, and accordingly there is no right of termination.
    11. The Respondent submits that they also consider that this dispute falls outside
    CISAS’ remit on the grounds that (i) it does not fall within CISAS rule 2a;
    and/or (ii) it falls within CISAS rule 2b.
    12. This response addresses below:
    a) The change to the Contract;
    b) The Respondent’s right to change the terms of the contract;
    c) The Claimant’s right to terminate following a change if the change is
    of material detriment;
    d) Why the change is not of material detriment to the Claimant;
    e) Why the dispute falls outside CISAS’ remit and/or is not
    appropriately resolved by CISAS.
    THE CHANGE TO THE CONTRACT
    13. The Agreement provides for a specific right for the Respondent to vary its
    charges for services provided under the Agreement. The change about which
    complaint is made concerns the terms which provide for when increases to the
    Claimant’s £** price plan (the main recurring monthly charge) gives a right
    to terminate without paying a cancellation charge.
    The Contract prior to the Change
    14. The Respondent is referred to the terms and conditions at Schedule 1.
    15. Prior to the changes in question, Clause 7.1.4 of the Agreement provided:
    7.1.4. We can increase any Price Plan Charge. We will give You
    Written Notice 30 days before We do so. The change will then apply
    to You once that notice has run out.
    16. The Contract further provided that the Claimant has a right to terminate the
    Agreement without paying a cancellation charge where a price increase notified
    under point 7.1.4 was of material detriment to the Claimant (Clause 7.2.3.2) or
    exceeded the rate of inflation (Clause 7.2.3.3).
    7.2.3. A Cancellation Charge won’t apply if You are within the
    Minimum Term and:

    7.2.3.2. You are a Consumer and the change that We gave You
    Written Notice of in point 2.11.3 or 7.1.4 above is of material
    detriment to You and You give Us notice to immediately cancel this
    Agreement before the change takes effect; or
    7.2.3.3. The change that We gave You Written Notice of in point 7.1.4
    is: (i) an increase in Your Price Plan Charge (as a percentage)
    higher than any increase in the retail price index (also calculated as
    a percentage) or any other statistical measure of inflation published
    by any government body authorised to publish measures of inflation
    from time to time, and published on a date as close as reasonably
    possible before the date on which We send You Written Notice; and
    (ii) You give Us notice to immediately cancel this Agreement before
    the change takes effect.
    17. Clause 7.2 above is referred to below as “the Old Term”.
    18. The effect of Clause 7.2.3.3 was that the Claimant would only have a right to
    terminate the Agreement if the price increase was higher than the retail price
    index (“RPI”) or another statistical measure of inflation selected by the
    Respondent. The purpose of including reference to another measure of inflation
    was that, at the time of the drafting of this term, it was understood that the
    Office for National Statistics was intending to cease publication of RPI.
    19. It was considered that the term was insufficiently clear in two respects in that it
    allowed the Respondent to select both the measure of inflation to be used and to
    select any measure of inflation within a reasonable period prior to the
    notification of the price increase.
    20. It is not clear whether the Claimant contends that the Old Term allowed the
    Claimant to cancel if the price increase notified was less than RPI but higher
    than some other statistical measure of inflation. If and to the extent that the
    Claimant does make such a contention, the Respondent’s position is that, on its
    proper construction, Clause 7.2.3.2 allowed them to select the measure of
    inflation which was to be used. Moreover, it would now be for the Claimant to
    identify the statistical measure of inflation which it is said should apply under
    point 7.2.3.2.
    The Agreement after the Change
    21. The Respondent refers to the terms and conditions as at Schedule 2.
    22. The revised terms provides as follows:
    7.2.3.3. We have given You Written Notice of an increase in a Price
    Plan Charge under point 7.1.4 and (i) the increase in Your Price
    Plan Charge (as a percentage) is higher than the annual percentage
    increase in the Retail Price Index (RPI) published by the Office for
    National Statistics (calculated using the most recently published RPI
    figure before we give you Written Notice under 7.1.4); and (ii) You
    give Us notice to immediately cancel this Agreement before the
    change takes effect.
    23. The effect of this term (“the New Term”) is that the Claimant has a right to
    terminate the Agreement if the price increase is higher than RPI, calculated
    using the most recently published RPI figures.
    24. This change increases certainty for customers and reduces the scope for
    disputes regarding whether a price change gives rise to a right to cancellation.
    The Respondent’s right to change the terms of the contract
    25. The Respondent is entitled to revise its contract terms pursuant to Clause 2.11
    of the Agreement, which provides as follows:
    2.11.1 We will make a copy of Our current version of these terms and
    conditions available on Our website. We can change these terms and
    conditions for any good reason, for instance, if We want all
    customers on the same conditions. We will tell You about the change
    beforehand, as explained here:
    2.11.2. If You are a Consumer and the change of terms and
    conditions is not of material detriment to You or You are not a
    Consumer, We will send You Written Notice 30 days before the terms
    and conditions are due to change. The new terms and conditions will
    automatically apply to You once that notice has run out
    The Claimant has a right to terminate only if the change is of material detriment
    26. The Agreement further provides that where a change notified under point
    2.11.3 is of material detriment to the Claimant, the Claimant has a right to
    terminate the Agreement without paying a cancellation charge. However, if the
    change notified is not of material detriment and the Claimant is within their
    minimum term, the Claimant does not have such right of termination.
    27. Points 2.11 and 7.2 provide (so far as material) as follows:
    2.11.2. If You are a Consumer and the change of terms and
    conditions is not of material detriment to You or You are not a
    Consumer, We will send You Written Notice 30 days before the terms
    and conditions are due to change. The new terms and conditions will
    automatically apply to You once that notice has run out.
    2.11.3. If You are a Consumer and the change is of material
    detriment to You, We will send You Written Notice 30 days before the
    terms and conditions are due to change. The new terms and
    conditions will apply to You once that notice has run out, unless You
    terminate Your Agreement with Us within that notice period. If You
    do this You won’t have to pay any Cancellation Charge that would
    otherwise apply, see point 7.2.3.2.

    7.2. Your termination rights
    7.2.1. You can give Us notice to terminate this Agreement, to take
    effect on or after the end of the Minimum Term. However (except as
    set out in point 7.2.3 and 7.2.4) if, in our total discretion, We accept
    notice from You to terminate this Agreement within the Minimum
    Term, You will have to pay Us a Cancellation Charge and, if
    applicable, the Additional Commitment Service Cancellation Charge.
    You can terminate this Agreement without having to pay Us a
    Cancellation Charge after the Minimum Term has ended.


    7.2.3. A Cancellation Charge won’t apply if You are within the
    Minimum Term and:

    7.2.3.2. You are a Consumer and the change that We gave You
    Written Notice of in point 2.11.3 or 7.1.4 above is of material
    detriment to You and You give Us notice to immediately cancel this
    Agreement before the change takes effect;
    28. Clause 2.11 implements General Condition 9.6, imposed by Ofcom on
    Communications Providers under s.45 of the Communications Act 2003, which
    provides for Communications Providers to give subscribers one month’s notice
    of “any modifications likely to be of material detriment” and to allow
    subscribers to withdraw from the contract without penalty.
    The Change is not of material Detriment
    29. The Change is not of material detriment for the following reasons.
    30. Under both the Old Term and the New Term, the Claimant may cancel, without
    incurring a cancellation charge, if the price increase notified by the Respondent
    exceeds the rate of inflation as measured by RPI. In substance, the Claimant’s
    rights of cancellation have therefore not been affected and the Claimant has
    suffered no detriment whatsoever.
    31. On the contrary, the effect of the changes is to benefit the Claimant. The
    changes make clear and certain the specific published measure of inflation
    which may be used for the purposes of this comparison. Out of date and
    potentially confusing references to other statistical measures of inflation have
    been removed. The changes therefore will enable the Claimant to identify when
    a right of cancellation arises.
    32. Alternatively, if and to the extent that the Claimant has suffered any marginal
    detriment, such detriment is not material.
    32.1. The only circumstance in which it could be said that the Claimant has
    suffered detriment would be if it were established that the Old Term
    allowed the Claimant to terminate, without incurring a cancellation
    charge, in circumstances where the price rise notified was less than RPI,
    but higher than some other statistical measure of inflation.
    32.2. In order to demonstrate that the change was of material detriment, the
    Claimant would need to (i) identify such other statistical measure of
    inflation which it is said would qualify under the Old Term; (ii) identify
    the difference over the period of the Claimant’s minimum term between
    price rises which would be calculated according to RPI and price rises
    which would be calculated according to the alternative measure of
    inflation and (iii) establish that the difference between such price rises
    qualifies as material detriment under Clause 7.2.3.2.
    32.3. The Claimant has not identified such an alternative measure of inflation.
    32.4. Further or alternatively, it is submitted that the difference, over the
    course of the Claimant’s minimum term between any two measures of
    inflation which would qualify under Clause 7.2.3.2 is not sufficient to
    be material.
  • BananaPilot
    BananaPilot Posts: 19 Forumite
    edited 27 March 2014 at 12:07PM
    Part 2


    THE DISPUTE FALLS OUTSIDE CISAS’ REMIT
    33. The dispute cannot be settled by CISAS under Rule 2 of the CISAS Rules
    insofar as it concerns whether the Claimant is entitled to cancel the Agreement
    by reason of the Respondent’s amendments to Clause 7.1.4 and/or 7.2.3.3 on
    the grounds that those amendments are modifications likely to be of material
    detriment to the Claimant. The material detriment issue does not relate to any of
    the matters set out in Rule 2a and/or involves a complicated issue of law.
    34. The material detriment issue does not relate to any of the matters set out in Rule
    2a.
    34.1. Bills: It does not relate to any bill issued by the Respondent to the
    Claimant.
    34.2. Customer Service: It does not relate to the quality of customer service
    provided by the Respondent to the Claimant.
    34.3. Communications Services: For the reasons further set out below, the
    reference in Rule 2a to “Communications services provided to
    customers” relates to the physical provision of electronic
    communications services and/or does not relate to regulatory issues such
    as the material detriment issue. Rule 2a is intended to implement
    General Condition 14.5 (“GC 14.5”) which requires the Respondent to
    implement and comply with a Dispute Resolution Scheme, … for the
    resolution of disputes …in relation to the provision of Public Electronic
    Communications Services.” Electronic Communications Services are
    defined in s.32 of the Communications Act 2003 to mean “a service
    consisting in, or having as its principal feature, the conveyance by
    means of an electronic communications network of signals”. That
    indicates that the focus of the dispute resolution scheme is on the service
    actually provided to customers.
    35. Further or alternatively, the material detriment issue constitutes a complicated
    issue of law.
    35.1. A proper resolution of the case would require CISAS to consider (i) the
    proper construction of the Old Term, as a matter of contract; (ii) the
    proper construction of the New Term, as a matter of contract; (iii) the
    proper construction of the term “material detriment”; and (iv) whether,
    in light of those matters, the change from the Old Term to the New
    Term was of such material detriment. Each of points (i), (iii) and (iv)
    involves complicated issues of law.
    35.2. As noted above the proper construction of the Old Term may not be
    easy to establish. It does not make clear which statistical measures of
    inflation may be used for the purposes of comparison.
    35.3. Further, the meaning of material detriment needs to be established both
    as a matter of contractual construction and by reference to the regulatory
    context. The term is not defined explicitly in the Agreement or in
    GC9.6. The fact that Ofcom has recently published guidance on the
    issue of material detriment in respect of price change clauses indicates
    that absent such guidance, the issue of material detriment is unclear; and
    that the considerations applicable to determining material detriment can
    be complicated.
    35.4. The application of the material detriment test to the change of terms is
    doubly complex. It is not sufficient simply that it is theoretically
    possible that the change could be of some detriment to the Claimant.
    Rather it is necessary that the Claimant identify the degree to which the
    Old and New Terms would differ, if applied to him, and to establish that
    that difference is material.
    36. For the reasons stated above the Respondent denies that the Claimant as at all
    entitled, whether contractually or otherwise, to terminate his Agreement without
    charge, either for the reasons as indicated within his application or any other such
    reason. Therefore, the Respondent submits that the Claimant is subject to the
    standard contractual termination clauses as per the applicable terms and
    conditions.
    37. In any event and notwithstanding the above, the Respondent submits that both
    the Old Term and New Term allowed the Respondent to increase its prices, and
    the Old Term allowed the Respondent to increase its prices by an amount equal
    to or less than RPI. The Claimant accepted those terms upon entering into the
    Agreement and the Claimant would have been subject to the Old Term had the
    Respondent increased its prices. The New Term, as set out above, purely
    restricts the Respondent’s ability to increase its prices and is therefore of a
    benefit to the Claimant and not to the Respondent.
    38. The Respondent notes that the Claimant has made no complaint as to customer
    services or any other complaint and in any event, the Respondent submits that the
    Claimant was provided with a good level of customer services at all times and
    that any dissatisfaction on the part of the Claimant simply stems from the fact
    that the Respondent confirmed that he could not cancel the Agreement without
    payment of a cancellation charge, which is a remedy to which he is not entitled in
    this instance.
    39. The Respondent submits that it will provide the Claimant with a Port
    Authorisation Code (“PAC”) to enable the Claimant to transfer his number to
    another provider and to cancel the Agreement upon request, however it is the
    Respondent’s position that the Claimant will remain liable for a cancellation
    charge upon cancellation of the Agreement, currently the sum of £**.**,
    reducing on a daily basis.
    40. The Respondent submits that they have acted well within the parameters of their
    terms and conditions and entirely in compliance with any obligations and
    therefore, any liability to the Claimant is entirely denied.
    The Respondent believes that the facts stated in this form are true. I am duly
    authorised by the Respondent to sign this statement.
    Dated the 24th March 2014

    (Text removed by MSE Forum Team)
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    Ninth Anniversary 1,000 Posts
    Did anyone else read that as

    "This is far too complicated for you to understand and so you should leave it to us to decide how we stitch our customers up, and it's none of your business anyway"

    I really hope that CISAS read it that way as well :)
  • I got almost exactly the same response from EE yesterday. Not identical though (which is interesting), but it is also peppered with inaccuracies.
    They seem to have forgotten that they already put my tarrif up LAST year (less than 12 months into the contract).

    I also note with interest that the new T & C come into being today - & that the EE site is presently down for maintenance and I cannot log into my account.

    This is a company that would rather spend a fortune on legal representation, than keep it's customers.
    Own goal???
  • sshariff
    sshariff Posts: 97 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    I had already posted earlier that CISAS might not adjudicate on this matter and ultimately we will need to go to court. Their own website rules state the limited scope of cases they deal with. In the past as well they have refused to adjudicate based on their inability to "interpret matters of law".

    I can see that EE have raised this matter in the second defense that this matter falls beyond the scope of CISAS! They are also putting their case to be a "legal" interpretation of their clause so they have basically told CISAS that they cannot deal with this case!
  • SimonD316
    SimonD316 Posts: 331 Forumite
    Part of the Furniture Combo Breaker
    Thanks BananaPilot that's a very interesting reply.

    I assume your a T-Mobile customer from the references to clause 7.2.3.2?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.