EE/Orange/T-Mobile - Reclaim ALL price rises AND cancel contract re T&C change - 2

[Deleted User]

Mikmonken wrote: »

Don't write to the courts yet as they are obliged to disclose comms to all parties as far as I am aware. The court will hear the case in your absence or you can nominate a representative I believe.

But by all accounts ee quite often try and settle out of court so you by holding out right to the end and you can always call the court the day bedited and tell them you can't make it.

Thank you for your prompt reply!!

Can I ask roughly when do I need to tell the court that I am not going to the hearing? 7 days before the hearing date? Or could I just ring them up a day before the appointment date and tell them that I cannot make it? Do I also need to inform the defendant that I will not be there for the hearing? And more importantly would the court think that I am not trying hard enough to solve the problem by not being able to attend a hearing for just 15 minutes?

I am sorry for asking so many questions and thank you again in advance for the help!

[Deleted User]

ulaggy wrote: »

I'm hoping that EE will settle because I've done the Letter Before Action (response was to send me to CISAS?!) so I'm just awaiting instruction as to what to do next!

Thank you!! :j !!

Mikmonken

I'm not entirely sure but just give the court a call the week before and say you can't come.

The judge will make a ruling on your behalf, so if you case is good and proves EE have done x you will win. EE may argue but the point a the scc is to create an even playing field between those with legal knowledge and those without.

I would hazard a guess that EE wI'll either settle before as they seem to have a habit of, or won't bother sending anyone either, the cost of them sending someone suitable probably out ways the cost of what your claiming.

I'm assuming you've received a defence from EE already and submitted comments back? If EE havent submitted a defence or you've not received it by the due deadline fax the court (old fashioned I know) at 16:01 or whenever they close to say you've not received it. Then the judge can only rule on what you've provided.

What's your claim for is it along the lines of this forum as itd be good to hear how your getting on

[Deleted User]

Mikmonken wrote: »

I'm not entirely sure but just give the court a call the week before and say you can't come.

The judge will make a ruling on your behalf, so if you case is good and proves EE have done x you will win. EE may argue but the point a the scc is to create an even playing field between those with legal knowledge and those without.

I would hazard a guess that EE wI'll either settle before as they seem to have a habit of, or won't bother sending anyone either, the cost of them sending someone suitable probably out ways the cost of what your claiming.

I'm assuming you've received a defence from EE already and submitted comments back? If EE havent submitted a defence or you've not received it by the due deadline fax the court (old fashioned I know) at 16:01 or whenever they close to say you've not received it. Then the judge can only rule on what you've provided.

What's your claim for is it along the lines of this forum as itd be good to hear how your getting on

Hi Mikmonken! Thank you so much for your help!

I will give the court a ring probably next week to ask what I should do if I cannot attend the hearing at the scheduled date. And yes hopefully I can have the case settled without the need of going to a court [fingers crossed :j]. To be honest I am quite surprised that EE have taken it so far considering how many people on CISAS have won their cases against it.

I did have received their defence and submitted my comments a few weeks ago. I think EE was submitting their defence late but I am not entirely sure. There are lots of letters I failed to receive or did not receive them on time from the money claim centre as they had posted them to someone else's address. Yes I have used RC's templates all the times. (Thank you RC :beer:) I will definitely keep you all informed on the outcome.

Mikmonken

[quote=[Deleted User];66592295]Hi Mikmonken! Thank you so much for your help!

I will give the court a ring probably next week to ask what I should do if I cannot attend the hearing at the scheduled date. And yes hopefully I can have the case settled without the need of going to a court [fingers crossed :j]. To be honest I am quite surprised that EE have taken it so far considering how many people on CISAS have won their cases against it.

I did have received their defence and submitted my comments a few weeks ago. I think EE was submitting their defence late but I am not entirely sure. There are lots of letters I failed to receive or did not receive them on time from the money claim centre as they had posted them to someone else's address. Yes I have used RC's templates all the times. (Thank you RC :beer:) I will definitely keep you all informed on the outcome. [/QUOTE]

you definitely need to clarify whether you have received all the documents, it is EE responsibility to provide you with copies, not the SCC of MCC, if you've not received documents then the Judge shouldn't be using them in the case decision. For example hypothetically - if EE had a signed contract that said you'd sold your soul to them, that they sent as part of their defence to the MCC/SCC, but failed to send you a copy direct, the judge cannot use that document when making his ruling.

EE may be taking it this far in the hope that you don't want to pay the fees that get you up to the point of court.

they'll be a shed laid of people who bottle it at the last minute SCC is not with out risk as if you lose (unlikely as that may be) you have to pay the court fees. EE are probably banking on that fact

Maccadinho25

Sent a chasing email to CISAS who havent replied at all after our questions about clarity and what communication EE had had with them - 14 days now!!

Mikmonken

this may very well only relate to me and may well only cause a delay to my claim. As I escalated by dissatisfaction with CISAS to its parent company CEDR and if I cant the same response I'll escalate this further up the chain. OFCOMS appear to be giving CEDR an opportunity to sort this out.

Having sought information from CISAS, we understand that you have also made a complaint to CEDR, CISAS’s parent company, and that it is reviewing the matter.
This review may resolve the concerns you have raised. We have asked CISAS to make us aware of the outcome. Whilst the review is in progress and before matters are resolved, we do not think it would be appropriate for Ofcom to be involved, not least because of CISAS’s independence from us. We will consider the matter further in due course, as appropriate.

ofcom are basically stalling me as I copied them into my complaint escalation so they knew that before they "sought information" from cisas.

I'm assuming their is no reason why OFCOM can't give anyone else clarity though so start giving OFCOM a gentle prod to get them going again.

Mikmonken

JoeJester wrote: »

I have no idea what that means or how post #8 relates to me lol

Any update yet?

ulaggy

So one week has passed since I sent my Letter Before Action email and letter (via post). The only reply I had was to the email and that was the one that told me to go to CISAS. One more week is all I gave them, so what will I need to do next Friday when I don't get a further response?

[Deleted User]

Mikmonken wrote: »

you definitely need to clarify whether you have received all the documents, it is EE responsibility to provide you with copies, not the SCC of MCC, if you've not received documents then the Judge shouldn't be using them in the case decision. For example hypothetically - if EE had a signed contract that said you'd sold your soul to them, that they sent as part of their defence to the MCC/SCC, but failed to send you a copy direct, the judge cannot use that document when making his ruling.

EE may be taking it this far in the hope that you don't want to pay the fees that get you up to the point of court.

they'll be a shed laid of people who bottle it at the last minute SCC is not with out risk as if you lose (unlikely as that may be) you have to pay the court fees. EE are probably banking on that fact

Hi, Sorry for my late reply.

I just dug out the letters I've received from the MCC and noticed that in the Notice of Issue the defendant has only until Mid June to reply to my my claim. However I received the defence from EE via email in JULY!! And I do not think I've ever be informed that EE applied for an extension in submission of defence (or do I have to be informed?).

The problem is that I did not receive the Notice of Issue before the deadline I think, only when I called up the MCC and questioned them why I've never received any letters from them since I submitted my claim. They then investigated and found out that they have posted all my letters to the wrong address. I think I've received EE's defence nearly the same time of in receipt of the Notice of Issue (Duplicate). In the email received from EE it said that they've filed a copy of their defence at the court. Thus somehow I just assumed they had an extension or something.

Could I ask the court to make decision only based on the information I provided if I eventually find out that EE have indeed missed their deadline. Or the court will just ignore my request as it was my responsibility to make sure that if EE was filing a defence late to my claim, I should request an judgement only based on the information I provided and then saved all of us lots of hassle. Anyway I will definitely call MCC next week to see if EE indeed filed their defence late or not.

I rang the court on Friday and was told that if I cannot attend the hearing I have to complete a form (N244） by next week and pay a fee. I cannot just ring the court any dates I want to inform them that I will be absent, as in this case they will just truck out my claim. However when I googled what N244 is and found out the following sentences:
To get a judgment set aside, fill in the application notice (N244), and send it to the court.
You may have to pay a court fee of £155.
If you don’t go to the hearing, your application will be rejected and you’ll have to pay the amount in the judgment.

I think I do have to attend the hearing no matter....