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

Mikmonken

OriolaW wrote: »

Well I guess that's it for me then

Keep persevering if you don't agree with what they're saying which goes against our argument you need to say you are not happy with their response and believe the change in T&Cs does allow a penalty free cancellation and request a deadlock letter so that you can peruse a claim via CISAS.

RandomCurve

OriolaW wrote: »

Well I guess that's it for me then


Quote:
Thank you for your response. I apologise I did not cover the change in our Terms and Conditions in my previous email.

Whilst your comments are fully acknowledged, when you entered your current agreement, our Terms and Conditions at this time allowed us to change them during the minimum term of that agreement. They also laid down under what conditions a customer would be able to leave their agreement without penalty.

Under General Condition GC9.6 a customer has the right to cancel their contract without paying a cancellation charge but only where the change is likely to be to the customer's material detriment. The notice we have issued to our customers is not a notice whereby the change is of material detriment, as such there is no entitlement for customers to cancel their contract without charge.

As a company EE does not accept there has been any material detriment due to the recent proposed change in its terms and conditions. Under these circumstances any request from its customers to be released from contract without penalty will be declined. Any customer wishing to cancel their contract may do so by providing the relevant 30 days notice period required but they will be held liable for any early termination fee.

Given the above, as you are in commitment until 10 October 2014. Should you still wish to cancel your contract, you would be liable for the remainder of the minimum term's charges. If you are happy to pay the Early Termination charge, please do not hesitate to contact me on 0800 079 0032 between 8.00am and 8.00pm Monday to Friday.

The company, EE, have fully complied with the General Conditions set out under Ofcom regulations and as the previous emails and this one sets out fully the final position EE has taken, no further discussion will be entered into with regard to this matter.


Yours sincerely

I wish EE had sent this email to everyone who sent the template email – it helps to build the case for compensation!

Respond as follows:

Dear X

Thank you for your email dated X

I note that despite three emails on the subject EE have yet to address my request that ALL sums taken over and above the initially agreed contract price in any contract that I have held with EE in the past six years is refunded. I find this demonstrates a distinct lack of duty of care.

In regards to the change in T&Cs I still contend that the change – which purports to allow EE to cap price increases at RPI, whereas previously they were capped at CPI – is of Material Detriment to me under Ofcom GC 9.6. I note that other than to say “As a company EE does not accept there has been any material detriment due to the recent proposed change in its terms and conditions “ EE have not explained what criteria it has used to reach this conclusion. Additionally as you mention the terms of the contract allow EE to change the T&Cs may I remind you that the contract also allows for a penalty free cancellation should I deem a change of T&Cs to be of Material detriment to me and that under the UTCCRs EE does not have a unilateral right to determine what Material detriment means in the contractual context.

I therefore request that EE provide me with a PENALTY FREE cancellation and issue a PAC (note that the issuance of a PAC on any basis other than a PENALTY FREE basis will be a gross breach of contract); and that EE refund previous price increases as requested.

Should EE still be of the opinion that I am not entitled to the above remedies then as per Ofcom guidance on complaints handling I request that you provided me with a deadlock letter by return. For your reference I have copied the Ofcom guidance (Annex 4 paragraph 4 (c) to GC 14) below and added comments in red as to why the exceptions to issuing a deadlock letter are unlikely to apply in this matter;

A CP must promptly issue a written Deadlock Letter when requested by a Complainant, unless:

i) the CP has genuine and reasonable grounds for considering that the Complaint will be resolved in a timely manner and subsequently takes active steps to do so; or As EE have stated "...no further discussion will be entered into with regard to this matter" then there is no prospect of resolving this issue in a timely manner

ii) it is reasonable to consider the Complaint to be vexatious; or I genuinely believe that EE have breached GC 9.6 and its own contract in regards to the change in T&Cs, and that the previous price rise clauses are unenforceable under the UTCCRs

iii) the subject-matter of the Complaint is outside the jurisdiction of the CP’s Alternative Dispute Resolution scheme. I am aware that CISAS have taken on cases in respect of EEs change in T&Cs and so this exception is not relevant – CISAS ruling extract:
“I find that:
a. The customer’s claim concerns the application of the company’s Terms and Conditions under which he is provided with a communication service. I am therefore satisfied that it relates to a communication service. I do not consider contractual interpretation to be a complicated issue of law. I am therefore satisfied that I am able to adjudicate on this dispute.”

Regards


X

Mikmonken

It's D day for EE question is will CISAS give them an extension?

barrowvian

I hope not. They have until the end of the day for you don't they? Mine due on or before the 4th. Last time I think I received the defence about an hour or so before close of business on the day it was due.

Mikmonken

barrowvian wrote: »

I hope not. They have until the end of the day for you don't they? Mine due on or before the 4th. Last time I think I received the defence about an hour or so before close of business on the day it was due.

Yep same for my last case too, not got anything yet though.

I did ask CISAS what constitutes exceptional circumstances for an extension and for them to provide me of details if they provide an extension. We'll see.

Mikmonken

Good news? EE have failed to submit a defence and I've had no notification that they have asked for an extension!

That may not actually be good news but it shows EE are having to scrabble around to l

Mikmonken

defend themselves!

Mikmonken

I have emailed CISAS asking them to pass the claim straight to an adjudicator as EE failed to submit a defence and inform me if exceptional circumstances that could justify an extension?

Fingers crossed it will play to my advantage

ulaggy

I still need to decide what I'm doing. CISAS complaint or SCC. Only 2.5 months of T-Mobile left, at worst!

barrowvian

This sounds promising.

Fingers crossed I don't hear anything back today either. Do you think it's safe to assume that if it goes straight to an adjudicator and isn't defended by EE then that'll work more favourably in our direction?

ULAGGY; completely unrelated to the topic, but I'd taken two companies to the SCC before. I've won both claims and both were settled before it even got to Court. I'm assuming all the costs really add up for the companies when you go via this route. If you're claim totals less than £300 (iirc) then the court fee is only £25, and you get this back if you win.