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

RandomCurve

duk3nuk3m wrote: »

Sorry Mikmonken, I managed to get that info from CISAS over the phone, not via email. Unless you just want me to copy and paste my post into an email?

I have seen it - thanks.
Let us see what happens next!


I received an email from Ofcom today apologizing for not acknowledging my earlier email and stating they will contact me next week, re EE getting CISAS to inappropriately pressuring CISAS to invoke rule 2b.


It does of course beg the question of just how independent CISAS turn out to be in this instance, but to be fair to them when the same sort of thing happened last year once CISAS "reinstated" the cases we had a 94% success rate.

RandomCurve

I'm booked in to see my MP (for a 3rd time) on 24th October. So far Ofcom (and the Secretary of state) have ignored his emails!!!

Maccadinho25

Did duk3nuk3m claim previously or is this his first dealings with CISAS?

duk3nuk3m

Maccadinho25 wrote: »

Did duk3nuk3m claim previously or is this his first dealings with CISAS?

I have previously claimed via CISAS against the price rise but that was rejected on the grounds that I didn't reject the T&C.

Mikmonken

Has anyone had a response from CISAS yet that says anything other than "we've done nothing wrong contact OFCOM"?

Mikmonken

What are they hiding?? I asked for policies and a specific reason why my claim fell under rule 2b, interesting as well they've diverted to OFCOM rather than their own escalation process.

"CISAS do not feel that it is appropriate to comment further on the requests you have made by email and by telephone in recent days. You are, of course, free to take the matter further with Ofcom if you wish and we will cooperate with the regulator in the normal way."

ulaggy

Letter Before Action

Name

Address
Address
Address
Postcode

Date:

Dear 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 twofold:

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



2) The change in Terms and Conditions, dated 26th March, 2014, gives rise to a penalty free cancellation 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 xxxx (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 have calculated the sums to be refunded as £xxx.xx including interest. This figure will continue to rise by £xx.xx + £x.xx interest for each month

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

1) UTCCRs

2) Ofcom General Conditions

3) USD20/22

4) Unfair Trading Regulations



Should this matter not be resolved to my satisfaction by (Date), through provision of the aforementioned remedies, I shall commence proceedings through the Small Claims Track of the County Court. A copy of this letter has been sent via first class recorded delivery with proof of sending should it be required as evidence by the courts.

Yours


xxxxxx

Email being sent tonight, letter version to be posted tomorrow! This is a blank template that could be used by anyone else who wants to go to the SCC now Hope it helps and thank you to RC and Mikmonken who helped me to make it!

Oh, I should add that this is the email version. The letter version says "A copy of this letter has been sent via email to hopefully progress this matter sooner rather than later"

ulaggy

One last thing - is it worth CCing anyone else into the Letter Before Action email? Ofcom or anything like that or should I just email it directly to Olaf/EE and leave it at that?

Maccadinho25

Mikmonken wrote: »

Has anyone had a response from CISAS yet that says anything other than "we've done nothing wrong contact OFCOM"?

Ive received nothing from CISAS after i questioned their rejection decision which i sent to cisas@idrs.ltd.uk - nothing at all! Sending a chasing email now to that and the info address

The company are a sham

GolfBravo

CISAS