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

MrJester

Mikmonken wrote: »

You need that to justify your claim for compensation just put in £50 for stress and anguish caused for claim 1 and £50 stress and anguish claim 2

Or something along those lines, I can't find what I posted exactly but it's probably around page 3

Ah well I've sent it now. Am I right in thinking that stress/anguish reasoning is NOT used to get them to cancel & refund overpayment?

If thats right, then I'm not fussed about trying to squeeze £50 out of them.

RandomCurve

ulaggy wrote: »

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!

I have left MD and the date in at point 2, but I understand what you are saying - your call.


Re CISAS EE will try and use that as evidence that your case is "worthless" and will gleefully point out to the court that you have taken this to CISAS and lost and so the court should not hear the case! Don't worry we can get around that!!!
You only need to bring up CISAS when you actually send your documents to the Court to start proceedings - so I guess 7 days after you send your LBA!!!!

ulaggy

RandomCurve wrote: »

I have left MD and the date in at point 2, but I understand what you are saying - your call.


Re CISAS EE will try and use that as evidence that your case is "worthless" and will gleefully point out to the court that you have taken this to CISAS and lost and so the court should not hear the case! Don't worry we can get around that!!!
You only need to bring up CISAS when you actually send your documents to the Court to start proceedings - so I guess 7 days after you send your LBA!!!!

Thanks matey. I'll just stick with your suggestion!

I thought that would be the case re: CISAS and stuff - my counterargument would be that 75% of customers WERE successful with CISAS and I just got an adjudicator who seemed to have a contrary opinion to the majority! Though I'm sure you'll have a better way of writing it

So I just need to print off the LBA as we've worked it out (with material detriment just mentioned at point 2), and post it to Mr Swantee (first class recorded I reckon!)? At this point I don't need anything else do I?

If that's the case, I'll get my fiancee to print it off tonight and hopefully get it in the post in the next couple of days!

Mikmonken

ulaggy wrote: »

Thanks matey. I'll just stick with your suggestion!

I thought that would be the case re: CISAS and stuff - my counterargument would be that 75% of customers WERE successful with CISAS and I just got an adjudicator who seemed to have a contrary opinion to the majority! Though I'm sure you'll have a better way of writing it

So I just need to print off the LBA as we've worked it out (with material detriment just mentioned at point 2), and post it to Mr Swantee (first class recorded I reckon!)? At this point I don't need anything else do I?

If that's the case, I'll get my fiancee to print it off tonight and hopefully get it in the post in the next couple of days!

you'll need proof of sending and signature for receipt, but also send it via email, you may get a response sooner and can get the ball rolling.

Mikmonken

JoeJester wrote: »

Ah well I've sent it now. Am I right in thinking that stress/anguish reasoning is NOT used to get them to cancel & refund overpayment?

If thats right, then I'm not fussed about trying to squeeze £50 out of them.

you could have paid an extra £100 of your debt!!

MrJester

Mikmonken wrote: »

you could have paid an extra £100 of your debt!!

Getting out of the contract will be beneficial enough, I don't want to have to start providing 'evidence' for 'stress' etc, it'll only end up requiring a doctors note, that's how its worked in the past for similar situations and it's just not worth the hassle for me.

You providing assistance for me to get out of this rubbish contract is good enough for me and saves me £40-50 a month!! That's most important

BTW got the automated response from CISAS, so then they should respond by approximately next Tuesday. Keep your fingers and toes crossed.

Mikmonken

JoeJester wrote: »

Getting out of the contract will be beneficial enough, I don't want to have to start providing 'evidence' for 'stress' etc, it'll only end up requiring a doctors note, that's how its worked in the past for similar situations and it's just not worth the hassle for me.

You providing assistance for me to get out of this rubbish contract is good enough for me and saves me £40-50 a month!! That's most important

BTW got the automated response from CISAS, so then they should respond by approximately next Tuesday. Keep your fingers and toes crossed.

Just for info and only that, the adjudicator makes the decision based on what you provide and what EE provides, the adjudicator would review the case and say, yeah EE has messed them around, heres compensation for that, no doctors note required...

MrJester

Mikmonken wrote: »

Just for info and only that, the adjudicator makes the decision based on what you provide and what EE provides, the adjudicator would review the case and say, yeah EE has messed them around, heres compensation for that, no doctors note required...

I'm just saying I wouldn't be surprised they would want evidence regarding to such a claim. It says so on the CISAS application form.

Anyway its done now its all good I'll be ecstatic to win this with your help.

Unless of course, you think I can 'submit' further information to my claim (through the email), such as my desire for compensation due to stress etc...? If you think it's really worth it, and stands a chance, I will abide by your advice!

Mikmonken

First part is done, you will more than likely get a very long defence from EE. Post on here if you can but also forward it to info@fightmobileincreases.com subject EE defence you'll have 5 days to respond so the sooner it's forwarded and posted the sooner than can be done. At a guess it'll be around the 8th/9th October you get something back. Unless ee get up to the usual dirty tricks that is!

ulaggy

Mikmonken wrote: »

you'll need proof of sending and signature for receipt, but also send it via email, you may get a response sooner and can get the ball rolling.

Am going to send it first class recorded delivery on Friday but that's a good shout about sending it via email as well. What I'll do is add a line saying "A copy of this letter has been sent by email to hopefully get this matter moving sooner rather than later" and I'll add a line in the email saying "A copy of this email has been sent by post to act as proof of sending, should the courts require evidence of such"