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

RandomCurve

@Ulaggly - a slightly reword version, but go with what you feel comfortable with - I was trying to avoid the use of "material Detriment" at this stage.



E 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 include:

1) The previous price rises across the term of my contract are unenforceable as they are classed as unfair under various sections of the UTCCRs which I have already alerted you to

2) The change in Terms and Conditions, dated 26th March, 2014, gives rise to a penalty free cancellations as it purports to allow EE to cap increases at RPI, whereas previously the contract capped increases at the LOWEST inflation rate.

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.



I will be relying on (but not limited to) the following regulations and legislation:

1. UTCCRs
2. GC
3. USD20/22
4. Unfair Trading Regulations

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

ulaggy

RandomCurve wrote: »

@Ulaggly - a slightly reword version, but go with what you feel comfortable with - I was trying to avoid the use of "material Detriment" at this stage.



E 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 include:

1) The previous price rises across the term of my contract are unenforceable as they are classed as unfair under various sections of the UTCCRs which I have already alerted you to

2) The change in Terms and Conditions, dated 26th March, 2014, gives rise to a penalty free cancellations as it purports to allow EE to cap increases at RPI, whereas previously the contract capped increases at the LOWEST inflation rate.

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.



I will be relying on (but not limited to) the following regulations and legislation:

1. UTCCRs
2. GC
3. USD20/22
4. Unfair Trading Regulations

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

The only reason I put the Material Detriment bit in is because my first notice of termination was sent in April but was purely with regards to the May price rise - if I exclude any reference to that, then I have to exclude my first experience with CISAS (price rise) which then caused the rejection of my second claim (T&C). I'd also only, at best, be able to backdate something like 1 month (T&C first email to EE sent at end of July, 30 days notice equals end of August).

At what point do we bring up the failure of CISAS? Would that be if / when the case ends up going to the actual courts?

Also, if you want to take this to email (to avoid further cluttering of the topic) then I'm fine with that. I can PM you my email address! Reckon that if I can get the Letter worked out in the next day or so, I will print it off and post it at the end of the week. Slows things down slightly but I guess I'd rather do that than end up losing the case on a technicality or something!

MrJester

Mikmonken wrote: »

Pre face your next email with this... You may well be in for a long haul with this case, but it'll be worth it in the end. CC:

Lynn.Parker@Ofcom.org.uk
executive.office@ee.co.uk



Dear Mr Swantee,

It has now been 6 days since my last email, copy attached..

I find this level of customer service unacceptable and falls well short of the standards it would be reasonable to expect in a matter of this importance.

I have included my previous email and related correspondence for your convenience.

Regards

This seemed to do the trick! Got a response from EE today. Here it is, could you knowledegable folk please advise on the best next action to take?

Thank you for your recent correspondence, received in the Executive Office, I have been asked to respond on behalf of EE.

I am sorry you are unhappy with the recent change in Terms and Conditions and Price Increase. As a company we are committed to offering the best value for service which is why we have kept the increase to a minimum. The increase is a result of the rising costs to our business and is in line with the Retail Price Index (RPI), which is a measure of inflation.

We are obliged, as are all UK operators, to abide by General Condition 9.6 of the Ofcom. This condition sets out what we must do if a change is of material detriment to a customer, which is to provide 30 days' notice and allow a customer to end their agreement free of charge. When the changes are not of material detriment, the customer does not have the right to end their agreement. In the case of this price increase, the change is not of material detriment to customers.

The increase is in line with the Terms and Conditions of your contract specifically clause 7.1.4. As the increase is less than RPI should you wish to close the account early in accordance with clause 7.2.3.3 you would be subject to an early termination fee.

As the notice period for both the change of terms and price increase has now expired, you have now lost the ability to cancel the contract based on the changes. In addition, EE does not accept that you had the right in the first instance should this have been received within the 30 days notice period.

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

I trust the above information is of assistance to you.

Mikmonken

that's perfect, and exactly what you were looking for. you now need to start pulling together the CISAS claim, which is the next stage and detailed on the first page of the forum.

just post ion here if you have any concerns in terms of what you need to submit.

MrJester

Mikmonken wrote: »

that's perfect, and exactly what you were looking for. you now need to start pulling together the CISAS claim, which is the next stage and detailed on the first page of the forum.

just post ion here if you have any concerns in terms of what you need to submit.

Great, will follow the instructions and let you know if I've any issues.

jocklatic

Sent off the 2 emails most people have been sending & got a swift reply -

We are currently looking into this & will get back to you as soon as possible. Has anyone else had a reply? I guess it will be the usual BS with similar outcome, siding with both CISAS & their relatives EE!!!

Mikmonken

jocklatic wrote: »

Sent off the 2 emails most people have been sending & got a swift reply -

We are currently looking into this & will get back to you as soon as possible. Has anyone else had a reply? I guess it will be the usual BS with similar outcome, siding with both CISAS & their relatives EE!!!

Not yet as far as I am aware!

MrJester

Mikmonken wrote: »

that's perfect, and exactly what you were looking for. you now need to start pulling together the CISAS claim, which is the next stage and detailed on the first page of the forum.

just post ion here if you have any concerns in terms of what you need to submit.

So I'm beginning to fill out the CISAS form online, as EE have already directed me to them. Do I have to wait 8 weeks before I can submit the CISAS application? I assume the 8 weeks is only if they dont reply after 8 weeks? But they already have, so I can go ahead already?

MrJester

Or wait do I need to get a deadlock and a deadlock reference first..

Mikmonken

Nope EE have referred you to CISAS, the email that you have you will attached as evidence you've been referred to CISAS and that is all you need, you can do straight away you don't need to wait 8 weeks.