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

jakethepeguk

oh what a surprise and quote, "the change in terms and conditions is not a price increase".
What a bunch of crooks !

jakethepeguk

We should just mail the crap out of them about this.

jakethepeguk

I've sent another mail to which, lets see if we can get more involvement in this, as apart from the consumers, no-one else seems to want to get involved !

robbies_gal

its a joke these t and c are not a price hike was a lie just got my letter one contract ive got has gone up twice now

SimonD316

Couple of Questions for Random Curve...

Those of us who have a CISAS case with an adjudicator should we forward the letter onto them as it's part of the dispute?
I'm on the old T&C that only mention Detriment so should I reject the increase on those grounds?
Or should I ignore the letter in the hope/assumption the adjudicator rules in my favor?

RandomCurve

robbies_gal wrote: »

its a joke these t and c are not a price hike was a lie just got my letter one contract ive got has gone up twice now

I hope you found his thread and ACTED upon it when they change the T&Cs


I think this price rise needs to be dealt with under a different thread - I already have a price rise thread and I will deal with this matter there. There are a number of ways you MAY be able to get out of your contract as follows:

1. I think I have found a definition fof Material Detriment (that has been existence for years) so under GC 9.6 you should be able to cancel your contract
2. Ofcom clarified what Material Detriment means in October 2013, but said it only applies to new contracts, however the change was a definition clarification not a change therefore it should (legally) apply to the old contracts too -so again under GC 9.6 you should get a penalty free termination
3. By using RPI and not CPI the change is higher than the designated statistic for UK price inflation (by 58.8%) and so is of Material detriment - so again a penalty free cancellation.
4. EE can only use the price rise clause if their costs have increased by RPI ,not just by RPI - so under the UTCCRs you should be able to avoid the price rise (but not escape your contract)
5. If we win our claims here then - EE never followed the correct procedure in notifying the change in T&Cs and therefore the change has not been made, as EE have admitted the old clause is unenforceable so depending on how you argue it you may be able to get a penalty free cancellation, or more likely stop the price rise.

I doubt CISAS will rule in your favour on any of the above, but The SCC I think will, and I think I know how to by pass CISAS so you can go straight to the SCC.

I will post details on the price rise forum later


https://forums.moneysavingexpert.com/discussion/comment/65175355#Comment_65175355

RandomCurve

SimonD316 wrote: »

Couple of Questions for Random Curve...

Those of us who have a CISAS case with an adjudicator should we forward the letter onto them as it's part of the dispute?
I'm on the old T&C that only mention Detriment so should I reject the increase on those grounds?
Or should I ignore the letter in the hope/assumption the adjudicator rules in my favor?

I would not send anything new to the adjudicator, but I would advise writing to EE immediately informing them that you dispute the price rise and want an immediate penalty free cancellation - no need to tell them anything else - just put in a "place marker" to cancel (which hopefully you will not need).

tateman

My case is with the CISAS, is it worth mentioning these price rises (I'm November 2013 EE contract - dispute) in my response to their defence? Unless they all drink at the same pub at the weekends this has to work in our favour? I will never use EE/Orange ever again even if it means using a cup and string, they have royally peeved off a customer of over 14 years now.

RandomCurve

tateman wrote: »

My case is with the CISAS, is it worth mentioning these price rises (I'm November 2013 EE contract - dispute) in my response to their defence? Unless they all drink at the same pub at the weekends this has to work in our favour? I will never use EE/Orange ever again even if it means using a cup and string, they have royally peeved off a customer of over 14 years now.

I will add this to the defence responses.


I am also going to update the CISAS claim Template AND the defence responses for something else that we have missed as follows:


"EE claim that the change is to my benefit as they have made the T&C's clearer, however if EE were really concerned with making their terms clearer for my benefit then at the same time as making this change they would have updated clause X.X to remove the phrase "Material Detriment" which is clearly an unclear term. This omission by EE must bring into question the real motive behind only making the price rise clause clearer and I suspect the change has more to do with giving EE a greater security of enforcement than it does to offering a benefit to me".


As for never using EE again - I vowed that, but now I wish I had as I would have taken out a new contract in September - and would (likely -V. likely through SCC) be getting a penalty free cancellation back dated to Mid Feb, and a compensation payment - the best deal on the market!:rotfl:

ZhugeEX

EE have just announced a 2.7% price increase for it's customers from May 28th.

Affects all customers who signed up before January 23rd.