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

Nodding_Donkey

Ahh good, mine was submitted on the 27th Feb as well, hopefully they are looking at them in some sort of order.

23six, can you confirm that you didn't reply to their defence?

ETA looks like we posted at the same time

23six

Nodding_Donkey wrote: »

Ahh good, mine was submitted on the 27th Feb as well, hopefully they are looking at them in some sort of order.

23six, can you confirm that you didn't reply to their defence?

ETA looks like we posted at the same time

Correct. I received this on April 4.

We note that no Comments on Defence have been received from the claimant. We have therefore, proceeded to appoint the adjudicator.

Good luck!

23six

For those with multiple contracts, here is the adjudicators reasoning:

First number = May 2013 contract
Second number = October 10 2012 contract

The company have submitted that there are in fact two active service agreements being the First Mobile Number which is subject to CVN59 and the Second Mobile Number which is subject to CVN58.
Neither party has produced documentary evidence supporting this. However, I note that the customer has not rebutted the company’s submissions. Having regard to the dates of the original service 4 agreements I accept that the parties contracted on the basis set out by the company it its defence.

CVN58/9 are variations of the older 7.2.2.3 term:

“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) for the 12 months before the month in which We
send You Written Notice and You give Us notice to immediately cancel this Agreement
before the change takes effect. (the ‘Old CVN58 Term”)

“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” (the ‘Old CVN59 Term’).

“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)” (the ‘New Term’).

baldyj

@23six what did they say about your other mobile?

23six

baldyj wrote: »

@23six what did they say about your other mobile?

Adjudicators reasoning:

The Second Mobile Number CVN58
f. I have careful examined the wording of the old and new terms as detailed above. I note that the old CVN58 term conferred a right on the consumer to terminate her contract without penalty if and when the company increased its prices in excess of the increase in RPI in the 12 months before notice was given. However, I find that the new term restricts the customer’s right to terminate her contract without penalty to only those instances where the company’s price increase exceeds the most recently published RPI figure.

g. The modification entails a different method of calculating RPI and arguably is more restrictive than before. The Old CVN58 term allows termination if there was a price rise greater than any increase in the RPI for the previous 12 months not just the most recently published RPI. It is evident that the different methods of calculating RPI give rise to the possibility of the customer suffering detriment in some instances. The customer however must also show that the detriment she is likely to suffer will be ‘material’ in order to justify the cancellation of the contract without penalty under General Condition 9.6. In the absence of any specific guidance as to the definition of ‘material’, I shall give it its ordinary meaning, that is, actual and substantial, or conversely not immaterial. In my view taking the measurement of RPI as the most recently published figure instead of the figure for the 12 months is not sufficient to reach the threshold of ‘material’.

h. I am therefore not satisfied that the detriment that is likely to be caused to the customer as a result of the modification is material in relation to modification of the old CVN58 term. Accordingly I do not find that there has been breach of General Condition 9.6 and the customer’s claim to terminate the Second Mobile Number without penalty is unable to succeed.

ed_209_2

Having the same delay... I guess we just have to suck it up. I received the letter naming my adjudicator last Friday and just have to sit tight.

Sunnyhaze

ed_209 wrote: »

Having the same delay... I guess we just have to suck it up. I received the letter naming my adjudicator last Friday and just have to sit tight.

Who is your adjudicator?

baldyj

Right so to summarise progress so far (please review and correct if i have made any mistakes):

Bimmermad:
EE/Post Oct '12/Used RC's Template/Thomas Earley adjudicated.
WON! Contract terminated, full compensation figure awarded

SimonD316:
Orange/Pre Oct '12/Used RC's Template/Justine Mensa-Bonsu adjudicated.
WON! Contract terminated, full compensation figure awarded

sshariff:
Orange/Pre Oct '12/Edited or didn't use RC's Template/adjudicator not named yet
WON! Contract terminated, full compensation figure awarded

BananaPilot:
EE/Post Oct '12/Edited or didn't use RC's Template/Thomas Earley adjudicated.
LOST!

23six (1/2):
T-Mobile/Post Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
WON! Contract Terminated, partial compensation awarded

23six (2/2):
T-Mobile/Pre Oct '12/Used RC's Template (no response to EE defence submitted)/Clive Saunders adjudicated.
LOST!

23six

Does anybody know how to go about claiming your compensation, cancelling and receiving PAC code? Thanks

daleski75

Which provider is everyone going to if they win or have already won?