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

RandomCurve

Mikmonken wrote: »

Hi all as an update spoke to CISAS today apparently EE have raised an objection to the claim and therefore it has gone straight to the lead adjudicator to confirm whether there is a case or not.

Whilst not neccasrily good news I should have an update from CISAS tomorrow.

But they have missed the deadline for a defence. CISAS will have to take the case because it concerns the T&Cs and we have plenty of evidence that CISAS consider that they can take on these cases. Given that my concern is they will agree with CISAS that CISAS will decide against us ( being a bit paranoid maybe).
Can you ask CISAS on what grounds EE want it dismissed - I can feel another Ofcom email coming on.

Nice to know EE have the same access to CISAS as you and I have - did I hear someone say "independent"?

RandomCurve

Still this shows just how scared EE are - they know if they lose and it gets out they will lose millions - all because of their own greed!

Maccadinho25

What a bunch of snakes! Surely if our claims have been accepted by CISAS then EE should put up a defense or forfeit the right and award us what we have requested?

Ive had nothing today and its the deadline to, can just see how this is going to go down and another complaint will go into CISAS....:mad:

Mikmonken

My advice to all in my situation would be dropping CISAS an email asking for an update as the the delay.

Wait a few hours and then give them a call to get confirmation of the delay and if they mention EE have objected ask and follow up with an email as RC suggests above.

Once kids are asleep I'm going to have a review if CISAS rules as to whether they are allowed to do this.

I suspect not

OriolaW

Thank you for your email response.

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

Please be advised no refund will be applicable.


Yours sincerely

I finally received my referral and will have to read this thread again to know how to proceed. From those already pursuing do you think I'll have enough time since my contract finishes next month?

Mikmonken

Definitely, if nothing more than to keep the pressure on, and if you are successful not only will you get your last few months free.

EE have completely changed tact with this claim, and I'm feeling quite positive about it. They have failed to respond to at lease 2 cases with a defence and instead gone direct to CISAS (against the rules) to get the claim thrown out. admittedly we're not sure where we are yet with that.

But when you look at it alongside your initial response, and with RC comments earlier EE are getting straight on the offensive with their responses they've moved on from a blah blah blah we don't care send it to CISAS to a Consumer your wrong we've done nothing wrong approach.

Assuming EE are a creature like the rest of us when you get get scared you either run or attack, they've got nowhere to run to now!! Lets hope CISAS agree!!

Mikmonken

OK heres what I've found in terms of rules and fAQ, there maybe other things in play here, but remember we're not complaining to CISAS we are complaining about EE (in its various guises) and if needed are quoting the following statements in the interests of transparency and a fair case.

Rule 4.1 most in the CISAS process are not at 4.1c
EE should do either of the following.
- Agree a settlement with the customer, should the parties wish to do so (this period cannot be extended); or (well done if you got that)
- Send CISAS their response. (In exceptional circumstances, the company can ask CISAS to extend the deadline for giving their response by a further week)

It's important to note that EE may actually have sent something to CISAS re point 2 - we just haven't seen it yet but it more than likely isn't a defence as that would have been with us at day 10.

Now this is the important bit (i think anyway) and will help us get a better standing of where we are and what we can do.

Frequently asked questions
Point 15 states Will I see everything the company says about me? Yes. A key feature of CISAS is that it is transparent and both parties see everything submitted by the other party and have the opportunity to comment upon it.

If EE have provided a response 4.1c point 2 - we've just not seen it yet, but do have a right to comment on it. So we need to ask them for all correspondence and communication between EE and CISAS to date in the interests of transparency.

I have emailed something along those lines and hope to be in a better position to provide more info soon.

As a general enquiry, were we aware of these back door enquiries in the past?

RandomCurve

Previous form - YES - will explain later!

claireb1

Thanks Mikmonken do i include the 22 pages to cisas is that what you mean? In e-mail to cisas?

Mikmonken

You've been referred to CISAS so you now need to raise your claim to CISAS, as you've previously submitted a claim for the price rises you should have an understanding of the form you need to complete.

You need to provide a summary as part of your claim this is on the first page and it refers to appendices.

The very first page of the thread has these all detailed and you MUST change the content to reflect your own circumstances but RC has highlight these areas in red font.

There are two appendices which once you have submitted your claim to CISAS you will need to send as a minimum you'd be best copying these from page one into 2 separate word documents again change any red text save as appendix xx and appendix xx as you referred to them in your summary statement also make sure you have a copy of these emails and responses you sent received from EE. You can do this on most computer by going to print and select PDF maker as a printer.

Once you have submitted the statement via the CISAS website you will receive a confirmation email almost immediately from CISAS. Reply to this providing the reference number and attach all the emails appendices etc you've just created to your email and send it off.

You may also have a letter that RC refers to or indeed the text message EE sent you if so also attach those as appendices the letter is for the prices rise reclaim. The text is for the change in T&Cs.

The questions you have raised have been addressed earlier in the thread, if you click on either RandomCurves name ulaggys or mine you can see our previous posts. The reason I'm saying this is because my answers are certainly becoming more long winded than the ones I've provided previously if you read through some of the old posts you may find the process a little easier.

If I get a chance tomorrow I'll try and add a flow as to what needs to be done when and what needs sending.