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

makemdano

Mikmonken wrote: »

I'm not sure as the price rise was effective in May so the timescales don't stack up ie your upgrade was after the price rise. You could however phone up and complain? See where that gets you, and if that gets you know where scan in your letter a copy of your most recent bill send to ee exec office and ask them to explain.

Probably didn't explain properly.
Had a contract for 8:99 month, contract finished Jan this year but continued with same deal out of contract. Upgraded beginning July to £11:99. EE have hiked up the price to £16:99 without telling me, that's a price rise of £5 right? As the contract was signed after the OFCOM directive was applied they are failing to observe this. They haven't even told me of the price rise.

Mikmonken

makemdano wrote: »

Probably didn't explain properly.
Had a contract for 8:99 month, contract finished Jan this year but continued with same deal out of contract. Upgraded beginning July to £11:99. EE have hiked up the price to £16:99 without telling me, that's a price rise of £5 right? As the contract was signed after the OFCOM directive was applied they are failing to observe this. They haven't even told me of the price rise.

Give them a call then, but i'm not sure if this thread will help in this circumstance as it predominantly relates to contract taken place before the the T&C change.

As you upgraded in July it is possible that you signed up to new T&Cs (if thats the case I think i'm right in thinking this case won't apply to you)

But having said that, you're being charge way beyond what you agreed too so you should be able to get a penalty free cancellation if you call up and ask.

Mikmonken

Can this be moved up to the start of the forum?

If in your communication with EE you at any point get a message from the Executive office, with words to the effect of:

To prevent you contacting our Customer Services Team, I have taken the opportunity to provide your PAC below for both of your numbers.

No: 07xxxxxxxxx & 07xxxxxxxxx
PAC: Oxxxxxxx
Expiration Date: 07/09/2014

As advised, should you use the PAC provided above, early termination charges will be applied to your following bill.

CALL EE IMMEDIATELY - I got this on a few days ago (9th August), emailed them to say I would not be using it (i made it very clear in my email) but didn't have a chance to call.

Today i have had my account suspended for exceeding my credit limit (there isn't a chance with EE my data is capped at 2gig and i get reminders, any everything else is unlimited) and are holding me to a £220 ransom to get my account unlocked.

ulaggy

RandomCurve wrote: »

Instructions – please follow carefully

• Read the whole document first it’s long but will help you understand what you’re trying to do, However if you find it to hard going then don’t read it BUT change/update the red text starting at the BOTTOM of the document and working upwards – otherwise the page numbers will change.
• Red Text – you need to delete the bits which don’t apply to you OR change the text to reflect your circumstances pages 2, 3, 4, 5, 6, 16, 18, 19 (page 15 is difficult to spot!!!).
• Grey text – delete it is there as a guide pages 4, 6 and 16
• You may be claiming for previous price increases only, cancellation only, or both. Please delete the sections which are not relevant to your particular claim.
• The text from “Summary” to “Correspondence is in relation to this is at Appendix 2.2 to 2.X” should be copied into the “details of claim” on the CISAS form
• I have included all contract types – delete the ones that don’t apply to you
• If you failed in your price rise claim and were informed that you should have cancelled when the T&Cs were changed then add the following at the very beginning of “claim 2” in the summary (Page 1):
  
  1. “I took a claim to CISAS following the May price increased imposed by EE, the adjudicator ruled in EEs favour but said “quote adjudicator (should have applied for a cancellation when T&Cs were changed)”

About that last bit (adjudicator saying about T&C change in my failed CISAS case).

My adjudicator said the following:

"In light of the fact that the customer does not appear to have disputed the change in terms and conditions when it was amended, I consider it reasonable to understand that the customer agreed to the revised contract terms. The clause is clear and unambiguous. As such, I accept that the customer is bound by the terms of the contract."

and

"Therefore, having considered the parties’ submissions, I do not accept that the increase gives the customer the right to terminate the contract without penalty on the grounds of the changes being of material detriment to him. The customer had an opportunity to dispute the new terms when they were amended, but chose not to do so. As such, I accept that the company is able to increase the price plan in line with the RPI"

I'm not sure how to handle that in the new case - if anything, the adjudicator is blaming me for everything and saying that I accepted the change. Certainly, I don't see a lot in her response that helps my new case. She doesn't even say that "If the customer had disputed the change in T&C, he would have been successful"

Also, I was gonna put at the beginning of the summary that I'll be referring to T-Mobile AND EE as my contract is with T-Mobile but T-Mobile and Orange merged to become EE, and it is EE whom I've had contact with.

Another question - When I was notified of the 2013 price rise, I argued and queried and claimed material detriment over the phone. Eventually, after several hours of heated discussion and demanding to see managers, T-Mob agreed to give me a loyalty discount that covered the price rise. Should I declare that in my CISAS case? I'm conscious of the possibility of EE/T-Mob bringing it up in their defence, which might make me look bad if I haven't previously declared it. Equally, I'm worried that if I do declare it, the adjudicator may rule that I should have make a claim last year (when T-Mob not only did a price rise, but an above RPI one).

Mikmonken

It's needed to basically (I think anyway) draw CISAS's attention to the fact that we have already raised a claim, which failed, but highlighted a flaw in the system, that the adjudicator has pointed out that we should have been able to cancel back in March.

you're quoting so just indicate that there is more and after the sentence with ... (I think you only have 40 words spare anyway so you'll have to anyway)

I took a claim to CISAS following the May price increased imposed by EE, the adjudicator ruled in EEs favour but said “...The customer had an opportunity to dispute the new terms when they were amended..."

you evidence in your claim that actually, the means with which you were notified and the content, didn't draw to your attention the change which is why you didn't contest it initially.

ulaggy

Cheers matey. Want to get this all done properly because EE will try to find any loophole they can. I've asked RC for a bit of advice on another point to do with a loyalty discount I got for the 2013 price rise!

ulaggy

RC - I used to Word document from the website to get the CISAS claim. In the following, I think there may be a missing word.

"The guidance cites RPI as an example –it does say that RPI is a relevant statistic in all cases. In this case the ONS provides Service Provider Price Indices for specific industries including Telecommunications; this would have been a better approximation of EE’s costs. This statistic is published by the ONS and the relevant indices show that telecommunications costs have DECREASED since Quarter 2 of 2009:"

The bit I've put in bold - should that say "it does not say" is a relevant statistic in all cases?

RandomCurve

ulaggy wrote: »

RC - I used to Word document from the website to get the CISAS claim. In the following, I think there may be a missing word.

"The guidance cites RPI as an example –it does say that RPI is a relevant statistic in all cases. In this case the ONS provides Service Provider Price Indices for specific industries including Telecommunications; this would have been a better approximation of EE’s costs. This statistic is published by the ONS and the relevant indices show that telecommunications costs have DECREASED since Quarter 2 of 2009:"

The bit I've put in bold - should that say "it does not say" is a relevant statistic in all cases?

Thanks - corrected.

Maccadinho25

Ive messed the references to appendixes up as i just dont get which items are for which bit so ive just attached copies of the emails and explained i didnt reference them correctly. They have the evidence so hopefully that will be enough?!

Can someone just explain for my sanity? Should i be sending Appendix 1 separetly and then attaching the evidence as 1.1, 1.2 and 1.3 which is two emails between me and Orange and the welcome letter and then sending another with Appendix 2 and the same documents attached but named 2.1, 2.2 and 2.3?

Ive sent it all which i guess is the main thing!

Thanks once more for this RC

RandomCurve

Maccadinho25 wrote: »

Ive messed the references to appendixes up as i just dont get which items are for which bit so ive just attached copies of the emails and explained i didnt reference them correctly. They have the evidence so hopefully that will be enough?!

Can someone just explain for my sanity? Should i be sending Appendix 1 separetly and then attaching the evidence as 1.1, 1.2 and 1.3 which is two emails between me and Orange and the welcome letter and then sending another with Appendix 2 and the same documents attached but named 2.1, 2.2 and 2.3?

Ive sent it all which i guess is the main thing!

Thanks once more for this RC

You can send 1 email with attachments called Appendix 1.0, 1.1, 1.2 etc - these should relate to the previous price rises and include the welcome letter, you also can attach Appendix 2.0, 2.1, 2.2 etc which relate to the change in T&Cs (this part of the claim there may only be the appendix I have provided and 2 emails)