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

duk3nuk3m

I've also received a response, although it is different to ulaggy's and does actually address the points raised.

Thank you for your email in relation to the Price Increase, I write to confirm the following.

I am sorry you remain unhappy with the recent increase to our prices and some of our services. As a company we are committed to investing significantly in our network and work hard to give the best value for our service, we have in this instance tried to keep these increases to a minimum. However due to rising business costs linked to inflation we have had to revaluate our pricing structure.

In this instance, the increase to price plans is in line with RPI at 2.7 percent and compliant with the Terms and Conditions of your contract. Our Terms and Conditions give us the right to increase the cost of our services and this change does not give you a right to terminate your contract. Please refer to clause 7.1 in your Terms and Conditions.

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. You may contact Customer Service for a Port Authorisation Code(PAC) but you will be charged a buy out fee upon use.

We do not feel that this change is of material detriment to you as it is in line with the Retail Price Index (RPI), which is a measure of inflation. I acknowledge you do not agree with this decision therefore the next step would be to seek independent adjudication via CISAS.

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

Email: info@cisas.org.uk
Tel: 020 7520 3827
Fax: 020 7520 3829

Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter.

Maccadinho25

First email being sent now, hopefully got it all correct, these threads are confusing me (dont know how you stay on top of it RC!)

I was declined by CISAS for the price rise so think im in the right place!

Mikmonken

duk3nuk3m wrote: »

I've also received a response, although it is different to ulaggy's and does actually address the points raised.

Thank you for your email in relation to the Price Increase, I write to confirm the following.

I am sorry you remain unhappy with the recent increase to our prices and some of our services. As a company we are committed to investing significantly in our network and work hard to give the best value for our service, we have in this instance tried to keep these increases to a minimum. However due to rising business costs linked to inflation we have had to revaluate our pricing structure.

In this instance, the increase to price plans is in line with RPI at 2.7 percent and compliant with the Terms and Conditions of your contract. Our Terms and Conditions give us the right to increase the cost of our services and this change does not give you a right to terminate your contract. Please refer to clause 7.1 in your Terms and Conditions.

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. You may contact Customer Service for a Port Authorisation Code(PAC) but you will be charged a buy out fee upon use.

We do not feel that this change is of material detriment to you as it is in line with the Retail Price Index (RPI), which is a measure of inflation. I acknowledge you do not agree with this decision therefore the next step would be to seek independent adjudication via CISAS.

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

Email: info@cisas.org.uk
Tel: 020 7520 3827
Fax: 020 7520 3829

Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter.

Interesting they say they have to give 30 days notice, OFCOMs guidance says in relation to General Condition 9.6

7.44 Our guidance for notification of contractual modifications will set out our expectation that CPs should give subscribers at least 30 calendar days in which they can notify their provider that they wish to withdraw from the contract for any proposed modification that is likely to constitute material detriment to the subscriber. CPs should make clear in their notifications when that 30 days starts and ends and when

With reference to the Material detriment in their own T&C's EE state

7.2.3.2 You are a Consumer and the change that We gave You Written Notice of in point 2.11.3 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect; or

It doesn't say.. is of is of material detriment to You and EE agree and you give us Us notice to...

it might mean the onus is on us to prove it is of materially detriment to us, but that might help when they raise this (non relevant) point in their CISAS case.

in relation to cancellation of contracts again point 2 - taken from here - http://stakeholders.ofcom.org.uk/bin...t/guidance.pdf

A1.23 The minimum timescale that CPs should give subscribers the ability to exit the contract for any relevant changes is 30 days. This is to enable subscribers to consider the proposed contractual modification and give them time to research their options.
as we were not informed of termination rights we were also not informed of a timescale.

Point 3 - take from here page 12 -> https://www.gov.uk/government/upload...est-format.PDF

Over-restricting a consumer’s ability to cancel might be unfair too, such as denying them any right to cancel, or making it difficult to end the agreement, even when the business commits a serious breach
of contract. Termination charges and over-lengthy notice periods can have this effect, tending to force consumers to continue with contracts, or renew them, when they have no wish to do so.

I'm still waiting on my response from EE to the letter i sent on Saturday, although given the number of emails i've sent to EE I may have been blocked already...

RandomCurve

smac02 wrote: »

Well thanks to all on here I finally got the better of EE and through CISAS won against them. Got my PAC code and unlock. However, before I could action them and get on to a pay as you go sim deal a lady from EE called.
Told me how much she wanted me to stay with EE and asked what I intended to do next about the phone. Told her about wanting a sim only deal and she came up with one that suited me and then knocked the price down. Of course on principal I at first said no but getting cost down from original contract of £39 to £7.99 a month was too good a deal. Also it seems I can get out of the contract at any time with a months notice. So far it seems to be working well.
I know it sounds like a sell out but if EE get it wrong at any time I'm out of there. At least there having to work for my business now.
Anyone else had them call.

Not a sell out at all - you wanted a "leave anytime contact"; you wanted the best coverage in your area (I assume EE works for you); and you wanted the best price for the allowances included. Provided you got what you wanted go on you.


I must admit my only regret was that when I got of my contract Penalty Free last year I never took another contract with them - as I would have had another free phone - still how was I to know just how stupid they would be?

Thanks for updating us on your outcome

Mikmonken

Maccadinho25 wrote: »

First email being sent now, hopefully got it all correct, these threads are confusing me (dont know how you stay on top of it RC!)

I was declined by CISAS for the price rise so think im in the right place!

Yep you're in the right place, me and the tow other posters above all failed at with the price rise claim, so this is the last attempt before moving the the Small claims court to get out of these contracts. Although i did see a post on the T&C's forum where someone haggled their contract down to £7.99 a month, which seems hard to beat.

Mikmonken

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

I have fully acknowledged your comments noted in your recent correspondence however I am unable to honour your request. I refer you to the email sent by my colleague, Victoria Hunt, sent 28 April 2014 which made the position of EE clear. At this time I cannot assist further with your query. I have taken the opportunity to provide the details of CISAS again for your records below.

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

Email: info@cisas.org.uk
Tel: 020 7520 3827
Fax: 020 7520 3829

Given the above, I am also unable to provide you with your Port Authorisation Code (PAC) as requested without penalty. Should you wish to have your PAC provided, this can be issued via our Customer Services Team at any time, however an early termination charge will be applied to your following bill.

Whilst I understand this is not the outcome you requested, I trust I have explained the reasons behind this decision.

Yours sincerely,



Slightly different response but they've assumed I've asked the same question.

I'm wondering whether we need to send a follow up email to draw attention to their error in response?

ulaggy

It seems like all of us are getting different responses, but they are all based on Material Detriment. Which isn't what we are claiming this time around!

Maccadinho25

Sent last night and response received today at 15.30pm the same as duk3nuk3m's!!

Mikmonken

Ulaggy your t-mobile right?

Maccadinhio25, Duk3nuk3m are you on Orange or EE?

I've looked over my old emails and they're bear little resemblance to each other, so I'm wondering if they're trying to not so subtly imply to CISAS that we'll be trying the same claim again?

ulaggy

Yup, T-Mobile for me. Though at worst only till the end of November. Never going near contracts again!

I wouldn't be surprised if they are trying to hoodwink CISAS. However, I'm pretty sure that RC will address in the new claim that it is nothing to do with material detriment this time, despite what T'Orange EE are claiming