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

RandomCurve

Maccadinho25 wrote: »

Can we still send it if we missed a step or two and hadnt sent the last email and therefore didnt get an email from Ofcom?

Yes - just start it as follows:


"I have seen a copy of the email below [copy my email] and would also like to know how Ofcom can allow EE to contact an independent ADR in secret as this must clearly be in breach the Communications Act 2003 regarding ADRs . Please confirm that Ofcom will investigate and correct this position"

barrowvian

Been reading through the site posted by Milkmonken; http://eecomplaints.co.uk/how-to-leave-ee

I've sent an email to EE asking for them to provide me with a signed copy of my contract. It'll be interesting to see what they produce as I signed up online via Dialaphone.

Once I get a reply from them I'm going to open the SCC case and proceed from there.

g6jns_2

barrowvian wrote: »

Been reading through the site posted by Milkmonken; http://eecomplaints.co.uk/how-to-leave-ee

I've sent an email to EE asking for them to provide me with a signed copy of my contract. It'll be interesting to see what they produce as I signed up online via Dialaphone.

Once I get a reply from them I'm going to open the SCC case and proceed from there.

Contracts don't have to be signed to be valid and binding so it is pointless to make such a request.

Mikmonken

g6jns wrote: »

Contracts don't have to be signed to be valid and binding so it is pointless to make such a request.

I agree (in part) - I've seen a response form EE before along the lines of - EE operate a paperless environment and don't keep individual copies of contracts, and they won't provide anything.

This doesn't make it right though, so i think a request is valid, they don't have a signed copy, they don't have a paper copy, they never actually seem to be able to provide any evidence that they are able to provide that a contract actually exists, other than saying we do have a contract.

ulaggy

barrowvian wrote: »

Been reading through the site posted by Milkmonken; http://eecomplaints.co.uk/how-to-leave-ee

I've sent an email to EE asking for them to provide me with a signed copy of my contract. It'll be interesting to see what they produce as I signed up online via Dialaphone.

Once I get a reply from them I'm going to open the SCC case and proceed from there.

I've seen it before where ticking a box somewhere, or printing your name in capitals, is classed as having signed a contract. Whether anyone has challenged the legality of it or not, I don't know, but I doubt you'll get out of it that way!

Mikmonken

having filed a complaint in anger to CISAS last week, i was having a quick look through to see how long they had to reply, and noticed that they say

Also, we cannot consider complaints about the content or validity of the procedures, rules or timescales of any of the services we provide.

Am i right in thinking that even though CISAS breached their own rules, you aren't allowed to make a complaint... how ridiculous is that, CISAS only allow you to complain about the Administration, how crazy is that? I guess I'm unlikely to get my £750 compensation (requested) from them then!!

Mikmonken

ulaggy wrote: »

I've seen it before where ticking a box somewhere, or printing your name in capitals, is classed as having signed a contract. Whether anyone has challenged the legality of it or not, I don't know, but I doubt you'll get out of it that way!

no but If EE can't provide a copy of a contract (with any customer identifiable information) or refuse to do so, that's going to strengthen your case when you go to SCC, as it brings into question the validity of EE being allowed to make changes to that or you even having send the T&C's.

What you are doing for SCC is building a case to beat EE, if they send you a signed copy of your contract, you don't have to submit that in your claim, but if they send you a response saying we don't keep copies of contracts blah blah, you might want to submit that as evidence behind poor customer service or what ever.

Asking for it won't do any harm whatsoever.

ulaggy

Sounds about right! (in relation to CISAS). As far as signed contracts are concerned, when I upgraded my tariff to what I'm currently on, I did it in-store. I have the paperwork here (which states Full Monty £36 not 37.18 or whatever) with the receipt. I used it with my CISAS claims.

RC - With my letter before action, am I including the fact that I went through CISAS for both the price rise of 2014 and then attempted to do a new claim for the change in T&C + all price rises throughout my contract? Because it obviously affects the date I'll be claiming my refund till (April/May rather than July/August).

Shame I can't backdate it till to the price rise from last year because I didn't know what I know now!

ulaggy

Letter Before Action
To Olaf Swantee,

RE Mobile Phone Number: xxxxxxxxx


I am writing to notify you that this is my letter before action. Due to the abysmal customer service I have received from T-Mobile, as a loyal customer of some years, and having exhausted the ADR process with CISAS, I feel that I now have no other recourse than to take this dispute to the Small Claims Court.

The reasons for my claim are threefold:

1) The previous price rises across the term of my contract are unenforceable as they are classed as unfair under the UTCCRs

2) The price rises are of material detriment to myself

3) The change in Terms and Conditions, dated 26th March, 2014, being of material detriment to myself.

The remedies that I am seeking are thusly:

1) Refund of all price rises occurred during the term of my contract

2) Penalty free termination, backdated to 6th May, 2014 (being 4 weeks from the date I first emailed with my notice of termination of contract on grounds of material detriment), including a refund of ALL sums taken from my bank account since that date and also a PAC code.

Should this matter not be resolved to my satisfaction through provision of the aforementioned remedies, I shall commence proceedings through the Small Claims Track of the County Court.
Yours

How's that so far? Anything I should add, remove, change? Should I put in things like my contract was called Full Monty £36 as evidenced by my paperwork or will all of that be used to make up the case further along?

Do I need to do all the stuff as listed on this Which? article? http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim

Mikmonken

No you don't need to put what the contract is, that looks absolutely fine. do you want an unlock code for your phone as well?

To give you an idea of what happened when I was taken to the SCC i received this.

Hi xxxxx
I have now taken advice and can tell you that the landlord still wishes to reach a compromise with you. Having said that it is now clear that the costs for cleaning and damage repair/replacement exceed the deposit by a substantial amount. I have forwarded the estimated damage repair to you on Monday already. As the total amount is likely to be around £1600 the landlord knows that this amount cannot be recovered through the arbitration service but needs to go to the small claims court.
However as a gesture of good will I can offer you a compromise to meet you half way without going to court if you agree that the deposit is returned to the landlord. Please think about it before you hastily reject this offer.
Kind regards
Mario

that was his letter before action, the case was dismissed afterwards as he failed to submit any evidence that we had demolished his house as he claimed, although he did send us some nice pictures of a spiders web in the shed that we hadn't cleaned (or indeed used as it had a lock on and we were told we weren't allowed in there as the property was let unfurnished!)