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

Mikmonken

I don't think you do, have a word with citizens advice rather than the mcc https://www.moneyclaimsuk.co.uk/small-claims-court.aspx

Half way down it says

Do I have to attend the hearing?
No. If you don’t want to attend the hearing, you can ask the court to deal with the claim in your absence. You must write a letter to the court, stating your claim number, the date of the hearing and the reason why you will not be attending. You should also ask the court to make a decision on the case in your absence using any written evidence you have provided to them. The letter must arrive at court no later than seven days before the hearing date.
You should also send a copy of the letter to the other party in the dispute.

I'd send the letter to EE a little later than 7 days though

[Deleted User]

Mikmonken wrote: »

I don't think you do, have a word with citizens advice rather than the mcc https://www.moneyclaimsuk.co.uk/small-claims-court.aspx

Half way down it says

Do I have to attend the hearing?
No. If you don’t want to attend the hearing, you can ask the court to deal with the claim in your absence. You must write a letter to the court, stating your claim number, the date of the hearing and the reason why you will not be attending. You should also ask the court to make a decision on the case in your absence using any written evidence you have provided to them. The letter must arrive at court no later than seven days before the hearing date.
You should also send a copy of the letter to the other party in the dispute.

I'd send the letter to EE a little later than 7 days though

Hi Mikmonken,

Thank you for sharing the link!! I will ring the Court again next week to see if I can just write letters to them and the defendant asking the court to deal with the claim in my absence. I do not know why if it is possible, the person I spoke to on Friday never mentioned it to me. Anyway, Thank you!!! :beer: :T

Mikmonken

I think they may have thought you wanted to reschedule given the cost?

You can also have someone stand in for you if you want or have anyone.

What's the basis of your claim by the way?

[Deleted User]

Mikmonken wrote: »

I think they may have thought you wanted to reschedule given the cost?

You can also have someone stand in for you if you want or have anyone.

What's the basis of your claim by the way?

Hi, I think I made it quite clear to the court on Friday that I do not want to withdraw my claim but I would like to know what I should do if I cannot attend the hearing at the scheduled date. I also asked if the court can make a decision on the case in my absence. I was then only told that I have to fill out the form by next week. I only found out what the form is really about when I did my research this morning. Anyway Ｉ am definitely going to ring the court again next week to ask for further clarification. No I have no one as all of the people I know are working (Mon-Fri). I rather just take a half day off work and be there myself if it is needed. My claim is that under both the PRE and POST 23rd January 2014 Definitions of Material Detriment provided by Ofcom, an increase of RPI is “likely to be of Material Detriment”. Really thank you for all your help once again!!

RandomCurve

Mikmonken wrote: »

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.

Not sure I'd let Ofcom get away with that one!
Ofcom deciding if a case falls within the ADRs remit is Ofcom fulfilling its statutory duty to make an ADR service available to customers who have issues that fall within the remit. You are not asking Ofcom to rule on the merits of the case - so what has independence got to do with it?


Also CEDRs findings are irrelevant if they decide CISAS have acted correctly - it is Ofcom that has the statutory duty and you should let Ofcom know you expect them to compel CISAS to fulfil the function they are retained to do.

RandomCurve

ulaggy wrote: »

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?

Depends if you use the Money Claim On-line service, or go via the post route. I have only used the via post route as I felt if put me a little bit more in control of the process (although it cost £10 more).


Essentially you fill out a relatively simple form with yours and the defendants details, (name address), and BRIEF details of your claim.
"I am seeking a penalty free cancellation as per GC9.6 and under the contract terms due to a change in the T&Cs allowing EE to increase prices by a higher amount than the old clause allowed. The old clause gave me a right to a penalty free cancellation if EE increased prices by more than RPI or any other rate of inflation, the new clause only allows cancellation if the price increases is higher than RPI - evidence of the effect can be found in EEs price rise of May 2014 when RPI was 58.8% higher than CPI (2.7% and 1.7% respectively). Full details of both clauses can be found in the attached appendixes and correspondence"
You need to state what you are claiming (back date the refund to when you requested termination - I'm sure the contract says immediate termination not 30 days notice if they change the T&Cs) don't forget to add interest (to the sums paid to EE since you requested cancellation -and the cost of paper/ink/envelopes/postage etc)
The only "strange" thing on the form is that you have to put down Northampton as the court to use - you can change this later)


In your appendices you may want to include your CISAS ruling and show how the case was decided on factors not relevant to the case taken to CISAS.

g6jns_2

[quote=[Deleted User];66604559]Hi, I think I made it quite clear to the court on Friday that I do not want to withdraw my claim but I would like to know what I should do if I cannot attend the hearing at the scheduled date. I also asked if the court can make a decision on the case in my absence. I was then only told that I have to fill out the form by next week. I only found out what the form is really about when I did my research this morning. Anyway Ｉ am definitely going to ring the court again next week to ask for further clarification. No I have no one as all of the people I know are working (Mon-Fri). I rather just take a half day off work and be there myself if it is needed. My claim is that under both the PRE and POST 23rd January 2014 Definitions of Material Detriment provided by Ofcom, an increase of RPI is “likely to be of Material Detriment”. Really thank you for all your help once again!![/QUOTE]
You are likely to be at a serious disadvantage if you don't attend the hearing.

[Deleted User]

g6jns wrote: »

You are likely to be at a serious disadvantage if you don't attend the hearing.

Hi, This is exactly what I am worried about. Failing to attend a hearing lasts roughly just 15 minutes may make the judge think that I have not tried hard enough to get things sorted. I will contact the court next week to seek further clarification of what I should do if I really cannot make it and then see what I can do. Thanks! :beer:

RandomCurve

A little something to keep us all sane whist we await the mighty Ofcom - Protector of the industry and slayer of the consumer - to make a decision:




I wonder if the interview process at a well-known fictional regulator went like this:



Interviewer (I) –Hello welcome, sit down
Candidate (C) – Thank you
I – This role is for a very senior consumer contact role, you will also be responsible for internal investigations should there be a need
C – Okay
I – Can you confirm your name?
C – Yes
I – and it is?
C – Is what?
I –Your name, what is your name
C – I’ve answered that question
I – Did you?
C – Yes
I – But you never told me your name
C – didn’t I?
I – No what is your name?
C – my cats name is Olaf
I – but I asked what your name was
C – Yes, my Cats name is Olaf
I – I never asked for your cast name I asked for your name
C – let me investigate (checks back on notes)
I – Well?
C – Yes, I have reviewed the facts and all issues have been addressed
I – Brilliant – when can you start!
C – I’ll check with Olaf and let you know.


The above is purely fictional and any likeness to real persons or real events is purely coincidental!

g6jns_2

randomcurve wrote: »

a little something to keep us all sane whist we await the mighty ofcom - protector of the industry and slayer of the consumer - to make a decision:




i wonder if the interview process at a well-known fictional regulator went like this:



interviewer (i) –hello welcome, sit down
candidate (c) – thank you
i – this role is for a very senior consumer contact role, you will also be responsible for internal investigations should there be a need
c – okay
i – can you confirm your name?
c – yes
i – and it is?
c – is what?
i –your name, what is your name
c – i’ve answered that question
i – did you?
c – yes
i – but you never told me your name
c – didn’t i?
i – no what is your name?
c – my cats name is olaf
i – but i asked what your name was
c – yes, my cats name is olaf
i – i never asked for your cast name i asked for your name
c – let me investigate (checks back on notes)
i – well?
c – yes, i have reviewed the facts and all issues have been addressed
i – brilliant – when can you start!
c – i’ll check with olaf and let you know.


the above is purely fictional and any likeness to real persons or real events is purely coincidental!

rotflolpmp!