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

Maccadinho25

Im on Orange for my sins!

duk3nuk3m

EE for me!

Mikmonken

:rotfl:Just trying to work out why we've got 3 very different responses? mines not from VH though... maybe they're snowed under?

ulaggy

Could be that they are going to end up doing a variety of different stock responses as I for one commented in my CISAS response that there was a lack of duty of care applied, as evidenced by the stock responses that everyone kept getting!

Mikmonken

possibly.., sounds like a lot of work for them though, i half expect them to put even less effort in.

I'm slightly concerned that they are trying to imply that we're all just attempting to reopen the same cases that we all lost earlier.

CISAS don't seem to be very thorough when reviewing the cases, as someone on the price rise forum had a second application rejected by CISAS (admitted reviewed later and reinstated) as CISAS thought it was the same claim.

gallifreyangirl

I am on EE and emailed them to see where I get.

Mikmonken

My latest response from EE

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

I refer you to my previous mail which made the position of EE clear. At this time I cannot assist further with your query. Any future correspondence received in relation to this complaint will be logged but may not be responded too.

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

Yours sincerely,

Let's see if they ignore my follow up email

SeDz

Hello.

Could You advise please what to do next.
Back in Aprile i submitted 2 separate claims( Price rise and T&C rejection)
EE never replied on T&C (as i know) but they did on price rise and i lost. In decision ( I should cancel my contract when T&C .......)
This is my new email to them. I dont know if i have done it right or wrong.


Dear Mr Swantee

Phone Number


Further to my Email dated 11.04.2014 it is now 3 month since I sent that Email. I find the delay in responding falls way short of the customer service standards that it would be reasonable to expect on a matter that concerns my request for an IMMEDIATE penalty free termination, as per GC 9.6c and our contract.

Price Rise Refunds and Penalty Free Cancellation.

The purpose of this email is twofold

1. To request the all sums taken from my account which are over and above the originally agreed contract price are refunded for any price increase that has been applied to any contract that I have held with EE at any time over the six years. My request is based on my belief that the price variation clause which EE have relied upon would fail the test of fairness under several headings of the Unfair Terms in Consumer Contract Regulations1999 (UTCCRs) the list below is not exhaustive:
1 The price variation clause was not clearly and adequately bought to my attention at point of sale
2 the price variation clause is not narrowly nor precisely defined
3 due to the constituent elements of the contract an RPI increase cannot be a true reflection of cost increases incurred by EE, and therefore the price increase has been used to suit EEs own needs which is strictly forbidden under the UTCCRs
5 the price clause is discretionary – there is no reason given in the contract as to the circumstances in which a price rise can be applied
6 EE cannot pass the risk burden of inflation to me in a short term contract
7 EE have informed Ofcom that they can predict future cost increase with some certainty - I therefore have no way of knowing what inflationary factors were already taken of account of.

2. Secondly I request that this email is deemed as my second notice for a Penalty Free contract cancellation following EEs change in T&Cs which was effective 26 March 2014. As the change clearly purports to give EE the right to increase my contract price by a larger amount than was previously the case (Exclusive use of RPI in the new contract rather than lower inflation rates such as CPI as was the case previously) and therefore under both the UTCCRs and Ofcom GC 9.6 I am entitled to cancel my contract penalty free and I request a PAC code is provided by return. I would further point out that I believe the notification received via text of the change in T&Cs is so misleading in its phrasing that the true implication of the change was not clearly and adequately bought to my attention and is evidence of EE not applying the level of duty of care expected from a company of its size and experience and demonstrates a lack of operating in a sprit of Good Faith.

Please refund all sums taken over and above the originally agreed contract price under your price variation clause, and provide a PAC code (Penalty Free).

This is replay from EE


Case Reference:
Account Number:

Dear Mrs ,

Thank you for your most recent email dated 29 July. You advised you sent your first email back in April and there has been a delay in you receiving a response. I am unsure why you believe this to be the case as there are records to show that you were contacted by post and email by two of my colleagues.

Their responses to you are detailed below. Written response from Victoria Hunt dated 22 April 2014:

22 April 2014



Dear Mrs

EE Account Number:

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

I am sorry you are unhappy with the recent 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.

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

Yours sincerely



Victoria Hunt
Executive Office, EE

Email response from Graham Gargett dated 1 May 2014:

To:
Cc:
Subject: EE Executive Office
Case Reference:
Account Number:

Dear Mrs ,

Thank you for your email response.

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


I trust the above information is of assistance to you.

Yours sincerely

Graham Gargett
Executive Office, EE

I confirm that EE's position on this matter remains unchanged and if you are still unhappy with this response, you will need to seek independent advice. You will note that Graham has provided details of CISAS. You able to contact them and they will decide if they are able to adjudicate on your complaint.

Whilst I appreciate this may not be the response you had hoped for, I trust I have clarified EE's position on the matter.

Yours sincerely



Nicola Newman
Executive Office, EE

NOTICE AND DISCLAIMER
This e-mail (including any attachments) is intended for the above-named person(s). If you are not the intended recipient, notify the sender immediately, delete this email from your system and do not disclose or use for any purpose.

We may monitor all incoming and outgoing emails in line with current legislation. We have taken steps to ensure that this email and attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.

EE Limited
Registered in England and Wales
Company Registered Number: 02382161
Registered Office Address: Trident Place, Mosquito Way, Hatfield, Hertfordshire, AL10 9BW

Mikmonken

If they've not responded to your request to cancel that you got in relation to change in T&Cs you might want to have a look at the price rise forum again as there was someone in a similar situation who managed to take the T&C claim to CISAS as 80 days had passed

RandomCurve

Pilotmic wrote: »

I love this remedy, this exact almost word for word thing just happened to my father in law. Its unbelievable! No contract means you can be charged. I will be doing the same as you on behalf of him and going against this as a direct debit issue. We can in the mean time get in touch with EE and ask for a letter confirming the contract termination date as it should state that it was april, which then means we can go to the bank and complain.

I would caution against reclaiming the DD as EE will pass the "debt" to a debt collection agency and trash your credit rating. I suggest you send them a "letter before action", they will then either agree or fight it in the courts (it should cost you no more £30 to take this court).