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

ulaggy

CISAS refusing to consider my claim as they feel it's the "same issue." Isn't it nice when people pay attention to what you actually wrote? /sarcasm

We acknowledge receipt of your application in the above matter. However, we are unable to accept it as the subject of the dispute has already been considered for Adjudication under CISAS Reference xxxxxxx. Please be advised that an issue cannot be considered twice for Adjudication. As such, this claim falls outside the scope of our scheme.

Please be reminded that the decision made by the Adjudicator in your CISAS case reference xxxxxx referring to the same issue is without prejudice. As you have rejected it, you are at liberty to refer the matter elsewhere ( The Courts...) for further consideration.

We are sorry that we are unable to help you further with this matter.

Yours sincerely,

Never bloomin' straightforward with me!

Part of me is tempted to go straight to the courts. Reasoning for this is that I can argue that I've attempted resolution, been denied twice (despite having a different case) and in theory, I could ask the SCC to backdate to when I first contacted EE regarding the price rise? Which means, if successful, I'd get backdated to April or May.

With the second CISAS case, I'd get a lot less depending on how quick a decision would have been made - EE sent me straight to CISAS within days, so the 30 day notice period we included in the case would take up to end of this month. Meaning that I'd get maybe 1 month refund.

What do you reckon RC? Try to appeal with CISAS regarding accepting claim or go straight to SCC after having lost a case and then denied one? SCC can't argue that I've not tried resolution first.

RandomCurve

ulaggy wrote: »

CISAS refusing to consider my claim as they feel it's the "same issue." Isn't it nice when people pay attention to what you actually wrote? /sarcasm

.......

Never bloomin' straightforward with me!

Part of me is tempted to go straight to the courts. Reasoning for this is that I can argue that I've attempted resolution, been denied twice (despite having a different case) and in theory, I could ask the SCC to backdate to when I first contacted EE regarding the price rise? Which means, if successful, I'd get backdated to April or May.

With the second CISAS case, I'd get a lot less depending on how quick a decision would have been made - EE sent me straight to CISAS within days, so the 30 day notice period we included in the case would take up to end of this month. Meaning that I'd get maybe 1 month refund.

What do you reckon RC? Try to appeal with CISAS regarding accepting claim or go straight to SCC after having lost a case and then denied one? SCC can't argue that I've not tried resolution first.

You don't seem to be having much luck with this sort of thing!

The choice of route is up to you.

I think you are more likely to win a change of T&Cs case in the courts than a price rise case.

If it were me I would go SCC for T&Cs AND Price rise, but only because I would want a COURT RULING on this (recorded on public record and somewhere to point journalists to).

The safer option is to go back to CISAS and point out the difference between a Price rise case and a T&Cs case, and see if they accept it then.



On balance CISAS route is safer as if they don't accept the case you can still go to SCC, and if (with your luck ) they do accept and you lose, you can still go to SCC.

ulaggy

So you'd suggest CISAS because it's safer but If it was you personally, you'd go SCC route? I'm totally undecided at this point!

I'm happy to be a tester case in the courts and it's tempting because this has dragged on since the start of April. If I win at the courts, do I get my £30 or so back? If a cisas appeal worked and then I won, I'd have claimed £90 compensation plus I'd hopefully get 1 month refunded (due to the 30 day notice period) so a total of perhaps £130.

With SCC, I'd be hoping for refund back until April / May. If May, that'd be 5 x £36ish for a total of somewhere around £180.

RandomCurve

This is interesting- it is from the Ofcom guidance on mid term price rises published in November last year. In addition to the price rises they also reiterated guidance on contract notifications in general.


Does anybody think the text and the link to EEs website complied with paragraph A1.13 ?




Notification of contract modifications


A1.10 In this part of the annex we have collated the following pieces of guidance, including from previous Ofcom publications, to set out our expectations on how CPs should notify subscribers of contract variations.


A1.11 We expect CPs actively to communicate to their subscribers any proposed contractual modifications. CPs need to ensure that subscribers know how such changes will be communicated to them. For example, the terms and conditions should state the method(s) used to communicate contractual variations and timescales for doing so.




Notification methods


A1.12 Notifications should be set out with due prominence ………


Content of notification


A1.13 The notification must be clear and easy to understand. For example, it should make the subscriber aware of the nature of the contract variation, the likely impact on him/her, and, where relevant, set out clearly what action the subscriber can take to avoid the impact, should he/she wish to.


A1.14 Information about the subscriber’s termination rights should be made clear upfront. For example, on the front page of a hard copy notification, in the main email message rather than via a link in the message or on the actual webpage of the variation notification rather than via a link to another page.

RandomCurve

ulaggy wrote: »

So you'd suggest CISAS because it's safer but If it was you personally, you'd go SCC route? I'm totally undecided at this point!

I'm happy to be a tester case in the courts and it's tempting because this has dragged on since the start of April. If I win at the courts, do I get my £30 or so back? If a cisas appeal worked and then I won, I'd have claimed £90 compensation plus I'd hopefully get 1 month refunded (due to the 30 day notice period) so a total of perhaps £130.

With SCC, I'd be hoping for refund back until April / May. If May, that'd be 5 x £36ish for a total of somewhere around £180.

If you win at SCC you will get costs back and can charge interest on a daily basis (including on the sums they should have refunded had they cancelled your contract) at about 8% per annum.


If EE capitulate before going to court it will be over in about 6 to 8 weeks, if they take it all the way it may take 3 or 4 months.


Your call -I'll help out either way

ulaggy

Do you think that not going through CISAS properly a second time (ie not arguing with them, getting claim heard then probably dismissing it again) would work against me?

I'm really tempted with SCC at this point, purely because there's a possibility of greater reward at the end of it. Bigger risk, but I'm sure there was a Ferengi rule of acquisition that said the greater the risk, the greater the profit!

Mikmonken

Ulaggy that's harsh that it didn't get through, I'd persevere with CISAS it'll save you some money in the short term and most of us got through the first point.

Did you submit RCs standard CISAS case?

I know you opening email was slightly different

ulaggy

Yeah, I submitted the standard case, tweaked to fit my circumstances! CISAS just being awkward I think.

It's a toughy, really. Bigger potential refund via SCC but equally if I fail, then I lose money. CISAS could potentially reward me very little (as little as 2 month's contract and no compensation) but if I lose, I won't lose money!

RandomCurve

ulaggy wrote: »

Yeah, I submitted the standard case, tweaked to fit my circumstances! CISAS just being awkward I think.

It's a toughy, really. Bigger potential refund via SCC but equally if I fail, then I lose money. CISAS could potentially reward me very little (as little as 2 month's contract and no compensation) but if I lose, I won't lose money!

The cost of going SCC (if you lose) will be approx. 1 months contract value.


Maybe try the easy route first - write to CISAS and explain the difference between a price rise case and a T&C case. If they still say no go via SCC.

ulaggy

If I went straight to SCC now, what do you reckon my chances are? I know there are no guarantees and if it went pear-shaped, I wouldn't blame you!