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

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  • SimonD316
    SimonD316 Posts: 331 Forumite
    Part of the Furniture Combo Breaker
    I've just received my CISAS confirmation too.
    We acknowledge receipt of comments on the company’s response to the claim from the customer. A copy is provided for the company’s information.

    The parties are advised that Miss X has been appointed as adjudicator and that all of the case papers received have been forwarded for consideration.

    Upon receipt, the Decision will be sent to both parties (usually within 3 weeks). In the meantime, we may contact you if the adjudicator requires any clarification or further information on the documents submitted.

    When the Decision is issued the Customer will be given 6 weeks to advise us whether they accept or reject it.

    It's just the waiting game now :)
  • ryan92
    ryan92 Posts: 607 Forumite
    Part of the Furniture 100 Posts Name Dropper
    My case is now with CISAS and they have until the 11/04/14 to reply yet I got the following email today to an email that went unanswered I'm sure ( I'm on my break at work so I will check dates when I get home at 4pm) the email was just this standard template

    Thank you for response with regard to the recent notification in the change of the Terms and Conditions of your agreement.

    Please note this is a change to our Terms and not notice of an actual price increase. This is actually to protect our customers and clarify their rights, should we have a price increase in the future.

    Please be advised the Universal Service Directive 2003/22/EC you refer to is implemented in the UK through the Telecommunications Act 2003 and via Ofcom's General Conditions. Under General Condition GC9.6 a customer has the right to cancel its contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

    EE have fully complied with the General Conditions set out under Ofcom regulations and as the previous emails and this one sets out fully the final position EE has taken.

    I trust the above clarifies the slight change in our Terms.

    Kind regards,


    EE Executive Office
    Currently in a Protected Trust Deed - 23 payments until DEBT FREE - February 2027
  • sshariff
    sshariff Posts: 97 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    I have a sinister feeling that all this CISAS stuff is just a formality as everything has been pre decided through converstaions between EE, Ofcom, and CISAS.

    To be honest, the way EE have put up their defence makes me believe that they didn't even bother with it! I can't believe legally trained professionals can respond in such an amateur manner unless they knew beforehand where this is all going.

    Secondly they have basically told CISAS that this falls outside their jurisdication as it includes complicated issues of law. However all the CISAS adjudicators are legal professionals whose main qualifications are in legal matters. For example this is a link to the adjudicator assigned to my case (note that she specializes in such matters!) http://www.cedr.com/about_us/people/?p=Uju-Obi

    We will know soon whether my thoughts are correct (3 weeks max from now for a decision)
  • Sunnyhaze
    Sunnyhaze Posts: 42 Forumite
    If it has all been decided, why would CISAS continue with the claim. Wouldn't it be seen as unprofessional if they mocked an investigation, etc.?

    Also, what about EE's response and admission that one or more terms and conditions were not clear, amongst other things they said in heir defence.
  • Just submitted my response EE's defence to the CISAS. My deadline was 1st April.

    I can't thank RandomCurve enough for all the work he has put into helping me (and others) to construct my arguments against EE's attepts at bullying their customers.

    I will let you all know if/when I receive a response from CISAS.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm sorry to be so late coming back to this thread but I hadn't realised until yesterday that I had received a reply from Orange (it took them a while to reply). Maybe I've missed the boat, I hope not, but this was my reply from them:


    Dear Ms Chocaholic

    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 more clearly to you why the text message was sent to you.


    Yours sincerely

    Executive Office,EE



    What, if anything, can I do now?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • baldyj
    baldyj Posts: 194 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I'm sorry to be so late coming back to this thread but I hadn't realised until yesterday that I had received a reply from Orange (it took them a while to reply). Maybe I've missed the boat, I hope not, but this was my reply from them:


    Dear Ms Chocaholic

    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 more clearly to you why the text message was sent to you.


    Yours sincerely

    Executive Office,EE



    What, if anything, can I do now?

    Read through this thread! The response you have posted, and answer to it has been posted numerous times.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks, I would have searched but thought I may have missed the boat as it were, hence the main reason for my post.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Thanks for all your help RC and everyone else on this forum,
    I have just received a mail, from CICAS after responding with RC's latest reply.
    CICAS have appointed an adjudicator and I can expect to receive an answer in the next 3 weeks, with a decision.
    I will let you know how it all goes, as I hear anything else.
    Again thanks for all your help, RC, the response to EE's defence, was awesome.

    Cheers
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    edited 31 March 2014 at 10:14PM
    Thanks to all of those who have passed on their thanks - this seems to have become a hobby (bordering on an obsession) to bring EE and the whole corrupt mobile market to justice (aim for the stars and you may hit the moon).


    I will be writing to Ofcom asking them how EE can be allowed to only mention one of the changes they have made to the T&Cs.


    Good luck to all
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