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

RandomCurve

spare to edit

RandomCurve

spare to edit

Browntoa

can people keep this thread clear of debate and questions for now as there are other threads for that as pointed out above

will make this thread clearer to use and for Random Curve to post all the details of what need to be done at the start of the thread

thanks

(I'll remove this post once its sorted so the relevant info is in the early posts)

RandomCurve

ulaggy wrote: »

Oh dear, hope it's nothing serious!

What is the process for those of us that lost this price rise claim as we obviously already contacted EE/T-Mob/Orange previously and had the "deadlock letter" bit. Do we need to go back to EE and explain that we previously went through CISAS, disagreed with their decision and am now going for termination on the grounds of the contract change?

Or are we starting afresh, as if the previous communication hadn't taken place?

As a side note - I never got one of those welcome letters like the one you scanned in - presumably because I had been on a different contract at first, and just changed to a higher priced one when it was renewal time.

Should be out on Thursday - if all goes well, thanks


I think you approach from afresh - unless the adjudicator has specifically stated that you should have cancelled when the T&Cs changed - in which case we will use that

Browntoa

Ok , post away

Extra posts added for update late

RandomCurve

spare to edit

ulaggy

Looking forward to this. I will keep an eye on this and the other thread. I was one of those who was unsuccessful with my claim, mostly due to the adjudicator suggesting I should have disputed the change in T&C rather than the price increase!

Mikmonken

Nb. Fightmobile increases clarified on Facebook Clarity here that - the Orange letter is to claim backdated price rises through orange since contracts began, a different approach is being taken with EE.

RC I have the letter you refer to (infact I have two one for each account) but for clarity, I have since transferred my account from Orange to EE and have a consumer service/upgrade agreement (for the one I took out in store not for the one over the phone) and that states

4. Changing the Terms and Charges. We may change the terms and conditions or the Services. If We do, We'll give you Written Notice when We can before the change takes effect (See point 7.1 of the terms and conditions). We may also increase or decrease Our prices. Some price increases may give You the right to leave the Agreement without paying a Cancellation Charge (See point 7.2.3 of the terms and conditions

EE Consumer Service/Upgrade Agreement

[STRIKE]am i right in thinking it you have the above document I can't use the letter from Orange that you first mentioned? [/STRIKE]

Clearly and ad ex 21

RandomCurve

sick_of_paying_more wrote: »

hi I'm hoping random curve or someone else knowledgable can assist me with the reply i have received from cisas with reference to my last post. i asked the following question and was advised the best way to reply
Quote:
Originally Posted by sick_of_paying_more
can someone tell me the best way to accept a cicas decision, i know that i have to email them but do i need to add anything to the email to cover all bases if ee decide to do something dodgy to frustrate the process?
thanks in advance




anyway cisas have replied today saying this:-
Thank you for your email. Please be advised the adjudicator’s decision can only be accepted as it stands without any conditions. The adjudicator has not directed for the company to provide you with a refund.

In light of the above, we would be grateful if you could confirm you are therefore accepting the decision as it stands. Please note if you are not satisfied with the decision, you are at liberty to reject this and seek independent legal advice.

Kind regards

my decision said this:-

Therefore, my decision is that the customer’s claim succeeds in part. The company shall terminate the customer’s contract without penalty (this being backdated to 23 April 2014) and provide the customer with a PAC and compensation in the amount of £25.00.


does anyone have any views on this, i have to accept by tomorrow, should i just accept outright or point out that any charges after 23rd april need to be refunded also as the contract is effectively terminated from that , i have made some use of the phone but nothing excessive. my worries is that if i prolong this after tomorrow whether cisas will see this as not accepting within the time frame given?
any help would be graciously received
:beer:

see post #1431 - and the quote within it.


Basically write to CISAS stating
"I accept the decision on the basis that Back dated cancellation can mean nothing less than a refund from that date as from that date the contract is cancelled. Any service provided is not provided under a contract and therefore is past consideration which I am not willing to pay. If the above is not a correct interpretation can CISAS clarify EXACTLY what the adjudicator means by back dated and if it is not as above can he/she explain what the effect of "back dating" was meant to mean and what regulations/laws are being invoked? Please note this is a point of clarification I am seeking, and I am aware that CISAS has allowed EE to seek clarification from CISAS on this very - and have received replies direct from the adjudicator (via CISAS). Therefore in the sprit of fairness and justice CISAS should extend the same courtesy to me and I also would like a communication direct from the Adjudicator (via CISAS) and you expect the 6 weeks response timeframe to be extended whilst such clarification is sought."

RandomCurve

blackaqua wrote: »

+1 victory, £60 comp, backdated cancellation to first letter, not initial complaint phone call as I didn't detail who I spoke to and an outline of the conversation.

I didn't follow RC templates, though he helped with a defence point, so thanks for that. My case rested on the fact that my price increase was greater than RPI as I had a discounted contract.

CISAS Decision point for others:
The customer has the right to cancel without paying a cancellation charge if the increase in his Price Plan Charge is more than the increase in RPI (clause 7.2.3.3). The term Price Plan Charge is defined at the beginning of the Terms and Conditions. It is the charge for the Price Plan Service, which includes the Monthly Charge for the price plan. The term Monthly Charge is defined as the amount the customer pays each month in advance for his price plan service. The customer actually pays £x per month for his price plan, not £x. An increase of £x per month is therefore an increase of 5.x%, i.e. an increase greater than the percentage increase in RPI. Given that the company gave notice to increase his price plan charge by more than RPI, the customer was entitled to cancel his contract without paying a cancellation charge. I therefore find that the company breached the contract between the parties by not allowing him to do so.

EE also stated that they changed my contract terms (26 March) in their defence letter. I hadn't received anything so I requested EE provide proof of receipt. CISAS ruled in light of EE providing no evidence, my old contract terms would be valid (minor point in my case as it didn't affect my argument) - good news for those going for the new T&C defences.

On my (and others) victory point regarding the lack of a discount clause - expect EE to issue new T&Cs as anyone with a loyalty discount could cancel after any price rise in theory? This clause would be detrimental, so anyone would be able to cancel following this.

Great news - the original CISAS case prepared had a "last paragraph" which was to be taken out UNLESS customers were I the position you just described. This is the first victory I have come across solely based on that point - and it makes total sense - EE Will need to modify how they apply RPI in future rises! (or if we are lucky will change the T&Cs which will be to the consumers Material Detriment and so penalty free cancellations again for those on "discounted" rates)