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

RandomCurve

Citroen wrote: »

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?

EE are very confused at the moment - but we can use that to our advantage as they have given you permission to contact CISAS - so we can go to CISAS and use EEs "error" as a lack of duty of care


I am currently writing the CISAS case - which is taking a bit longer than I anticipated due to the number of regulations they appear to have breached!!!

gallifreyangirl

Where should I go from here as I have had two responses this is the second one:

Dear Miss Simms,

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

The first was this:-

Please respond to executive.office@ee.co.uk

Dear Mrs Simms,

Thank you for your letter received 30 July 2014 in the Executive office regarding the above account.

I am sorry you are unhappy with the recent price increase. As a company we are committed to offering the best value for service which is why we have kept the increase to a minimum. The increase is a result of the rising costs to our business and is in line with the Retail Price Index (RPI), which is a measure of inflation.

The increase is in line with the Terms and Conditions of your contract specifically clause 7.1.4. As the increase is less than RPI should you wish to close the account early in accordance with clause 7.2.3.3 you would be subject to an early termination fee.

Please be assured our customer's views are important to us and your comments are fully acknowledged.

I can however, if you still wish for me to, issue you with your Port Authority Code to use within 30 days. However I must confirm end of contract charges will apply.

I trust this information is of assistance.



Yours sincerely



Pamela Radford
Executive Office, EE.

ulaggy

Next step is going to CISAS. RandomCurve is currently working on the claim

Mikmonken

RC I'm watching these posts in anticipation for updates, but if there is anything i can do to assist PM me and i'll try to help, i can read highlight and email!!

RandomCurve

Mikmonken wrote: »

RC I'm watching these posts in anticipation for updates, but if there is anything i can do to assist PM me and i'll try to help, i can read highlight and email!!

Once it is done can I send it to you for proof reading?

Mikmonken

RandomCurve wrote: »

Once it is done can I send it to you for proof reading?

Sure not a problem at all. I'm sure you've worked out who I am from my emails by now.

RandomCurve

Okay - it has been a long time in the making , but I have finished the CISAS case!! I will email it to Mikmonken who has kindly offered to proof read it for us.
I thought you might be interested in the following (which is oncluded in the case) - it is from the CPRs (Consumer Protection from Unfair Trading Regulations) and seems to be just what we need to avoid the "Time limitation" argument that EE will try to use

General prohibition
10.2 The general prohibition is made up of two tests. It prohibits practices that:
• contravene the requirements of professional diligence
and
• materially distort the economic behaviour of the average consumer with regard to the product (or are likely to).

Test 1: Professional diligence
10.4 Professional diligence is defined (in Regulation 2) as:
‘the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either — (a) honest market practice in the trader’s field of activity, or (b) the general principle of good faith in the trader’s field of activity’.

Test 2: Material distortion
10.8 Material distortion is defined (in Regulation 2) as:
‘appreciably to impair the average consumer’s ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise’. It applies either when a practice distorts or is likely to distort the average consumer’s behaviour.

The second condition is likely to be met if, for example, because of the practice, the average consumer would buy a product they would not otherwise have bought, or would not exercise cancellation rights when otherwise they would have done so.

Misleading and aggressive practices
3.5 Regulations 5-7 of the CPRs prohibit commercial practices which are misleading (whether by action or omission) or aggressive, and which cause or are likely to cause the average consumer to take a different decision.

Citroen

Great progress. Thank you RandomCurve. Look forward to submitting my CICAS once you're ready. :-)

RandomCurve

Citroen wrote: »

Great progress. Thank you RandomCurve. Look forward to submitting my CICAS once you're ready. :-)

Thanks - should be sometime this week -it is about 22 pages long!!!

EFC_1878

I've just sent the email off now. Not too sure what I'm doing, just going to follow your lead, RandomCurve, and hopefully get out of this contract!