EE/Orange/T-Mobile - Reclaim ALL price rises AND cancel contract re T&C change

RandomCurve

traylerc wrote: »

.....



I recommend people who have or are about to accept to get a statement clarifying about the term "Backdating", and maybe if enough of us get the near same reply we could request there website add's the meaning of Backdating so no one in the future has any more trouble again!

If you clarify BEFORE accepting the decision you will lose any right to take it to the SCC (if that is what you want to do). I would suggest accepting the decision and then if EE play silly Bug**rs you can say when you accepted it the decision it was in the genuine belief that "Backdated" must mean "refund" otherwise there is no point in including the word backdated - I think a Court would agree with you even if spineless adjudicators won't (can't).

RandomCurve

@SeDz
As it has been more than 8 weeks you can go straight to CISAS anyway.
You can either just go for the penalty free termination as originally requested, or wait and add the bit about previous price refunds - up to you.

RandomCurve

Preeble wrote: »

Emailed EE trying to get my payments for the last 3 months of a phone ive not used refunded:
..............

and finally this was the adjudicators email:


[FONT=&quot]We acknowledge receipt of copy of correspondence between yourself and the company and have referred this to the Adjudicator. Please see his comments below:[/FONT]

[FONT=&quot]“I have reviewed the query and the reason why I made no direction regarding the refund of any payments incurred after the contract was cancelled is because no such remedy was specifically requested in the customer’s application form. Under CISAS rules I can only award remedies specifically claimed and I cannot consider new claims brought subsequently.[/FONT]

[FONT=&quot]Therefore, in my view EE have complied with my directions. The customer did not ask for a refund so EE are not required to make any refund.”[/FONT]

[FONT=&quot]We trust the above clarifies matters.[/FONT]

[FONT=&quot]Kind regards



[/FONT]

Did you not put the following in the application:

• 'Dispute Type'- contract Terms
• 'What do you want the company to do?'

• • 'take some action' - Give a back dated penalty free cancellation and a PAC and unlock code

• 'Give you money' *

I would write back to CISAS and say that you did request a BACKDATED penalty Free cancellation which by implication backdated means without charge since the date of termination, otherwise you would have requested an "immediate penalty free Termination" which is what the adjudicator has given and not what was what requested.

SeDz

Thank you @Mikmonken and @RandomCurve.

I'm bit confused what to do now. From Your point of view, what is the best way to do it.

Regards
Sergei

Mikmonken

@SeDz it was Pilotmic i tick who was in the same boat as you - http://forums.moneysavingexpert.com/search.php?searchid=155911676

have a look at some of his posts and also at the EE.T-Mob.Orange. Change T&C From 26th March 2014 thread: as that will have some pointers, i would assume this is the process you need to follow now.

SeDz

Thank you Mikmonken.

Could I use the same template letter from T&C thread post 266?

Regards
Sergei

Mikmonken

I'm not entirely sure as I've not actually claimed under that, the best option would be to post in that forum, or as RC said hold off and try and follow the claim this forum relates too.

The forums have been intentionally kept separate to avoid confusion as they all have slightly different arguments.

Citroen

Hello,

Following your steps I sent the first email yesterday at 15:50 and got their reply telling me to go to CICAS today at 14:52.

Here is what they said;

Dear Mr Mussell,

Thank you for your email in relation to the Price Increase, I write to confirm the following.

I am sorry you remain unhappy with the recent increase to our prices and some of our services. As a company we are committed to investing significantly in our network and work hard to give the best value for our service, we have in this instance tried to keep these increases to a minimum. However due to rising business costs linked to inflation we have had to revaluate our pricing structure.

In this instance, the increase to price plans is in line with RPI at 2.7 percent and compliant with the Terms and Conditions of your contract. Our Terms and Conditions give us the right to increase the cost of our services and this change does not give you a right to terminate your contract. Please refer to clause 7.1 in your Terms and Conditions.

We are obliged, as are all UK operators, to abide by General Condition 9.6 of the Ofcom. This condition sets out what we must do if a change is of material detriment to a customer, which is to provide 30 days' notice and allow a customer to end their agreement free of charge. When the changes are not of material detriment, the customer does not have the right to end their agreement. You may contact Customer Service for a Port Authorisation Code(PAC) but you will be charged a buy out fee upon use.

We do not feel that this change is of material detriment to you as it is in line with the Retail Price Index (RPI), which is a measure of inflation. I acknowledge you do not agree with this decision therefore the next step would be to seek independent adjudication via CISAS.

You may refer your complaint to CISAS. CISAS will determine whether the complaint falls within the jurisdiction of its ADR Scheme. We may argue that it does not. If CISAS agrees its Scheme applies, it will adjudicate on the complaint in line with the Scheme rules. CISAS's details are as follows:-

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

Email: info@cisas.org.uk
Tel: 020 7520 3827
Fax: 020 7520 3829

Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter.

Yours sincerely

Executive Office, EE

Citroen

They seem to be confused as I have tried and failed to cancel based on the price rise, the email sent yesterday was the one for the T&C change?

Where do I go next?

RandomCurve

@Ash McCloud


The defence is the revised standard one the response can be found on the Fight Mobile Increases Website along with the defence it relates to so you all have to is match up the paragraph numbers:
http://fightmobileincreases.com/fight-ee/fight-the-march-2014-price-rise/
Documents "EE Defence Updated version from Mid June" and "EE defence response from 26-6-14" (both downloads near the bottom of the page).


The only bit missing is the timing issue - and I wrote something for that (posted on this forum, but I can't find it) it goes along the lines of:
Paragraph 28
"Please note that my claim is under GC 9.6 and not the contract terms. Under GC 9.6 there is no claim time limit imposed on me . GC 9.6 places a time restriction on EE to give at least 30 days of any change, but no time frame in which I have to respond. As GC 9.6 is a rule for the industry to follow - not the consumer - it is akin to the UTCCRs and other legal guidance where the time limit for action is six years and not 30 days. I put EE to strict evidence to prove where GC 96 places a 30 day time restriction upon me."


In light of same strange decisions on what "backdating" means you may also want to add:
"I would also like to clarify that my claim is for a backdated penalty free cancellation means that I would be seeking a refund of any sums taken from my account by EE from the termination date".