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

Mikmonken

Grandpa_John wrote: »

Only just gone to Cisas got an almost instant response from them

Heres an example defence EE will submit -
http://forums.moneysavingexpert.com/showpost.php?p=65541203&postcount=484

there are many iterations but they all refer to the same key points.

Page 25 onwards is where the response start coming in i think.

https://forums.moneysavingexpert.com/discussion/4818999

RandomCurve

JoeJester wrote: »

So this was the response I got this morming:
We note that we have not received a Response in the above named case, and therefore we
have proceeded to appoint an adjudicator for directions in this case.
The parties are advised that, Miss Abigail Jennings has been appointed as adjudicator.
The documents so far submitted are being forwarded to the adjudicator. The adjudicator
may proceed to determine the dispute on the basis of the statement of claim documents
only. Alternatively if the adjudicator sees fit, he/she may direct that the company may have a
further extension of time within which to submit the defence to claim.

Are EE trying to put me out of a job???


This is good news, but I am sure the adjudicator will be on the phone to EE 2 minutes after reading the claim and offering them a chance to respond, but of course CISAS are totally interdependent on - sorry - independent of EE

MrJester

RandomCurve wrote: »

Are EE trying to put me out of a job???


This is good news, but I am sure the adjudicator will be on the phone to EE 2 minutes after reading the claim and offering them a chance to respond, but of course CISAS are totally interdependent on - sorry - independent of EE

I've received the defence today, CISAS allowed them an extension. It's quite a few docs so cant really lay them out.. what was the email to send them to again?

RandomCurve

JoeJester wrote: »

I've received
the defence today, CISAS allowed them an extension. It's quite a few docs so cant really lay them out.. what was the email to send them to again?

Surprise surprise! Please send it to info@fightmobileincreases.com. I can't wait to see their defence regarding material distortion

Mikmonken

JoeJester wrote: »

I've received the defence today, CISAS allowed them an extension. It's quite a few docs so cant really lay them out.. what was the email to send them to again?

JoeJester, can i suggest that you email CISAS and ask why within the 10 day time frame did EE not request and extension and what the extraordinary circumstances are around this extension?

copy in kmackie@cedr.com

MrJester

RandomCurve wrote: »

Surprise surprise! Please send it to info@fightmobileincreases.com. I can't wait to see their defence regarding material distortion

Forwarded it on

RandomCurve

JoeJester wrote: »

Forwarded it on

Thanks -I have had a quick read and am encouraged by their defence


Basically:

• EE have just rehashed the original T&Cs defence - and we won 97% of those cases
• They only make one reference to the claim being "out if time" and we can easily address that(we already have re "Material distortion" a point they have declined to comment on).
• EE concentrate solely on the contract terms and do not dare quote the UTCCRs!

The one cause for concern:

• They have made more prominent their case that this falls outside of the CISAS remit - they have used the same arguments as before - and CISAS accepted 100% of the cases. I am just worried that CISAS and EE may have done a deal to dismiss these as not coming under the remit - so I will beef up the response to that.

I do have a question for you - did you send the CISAS claim as written on this forum/ the Fight Mobile Increases website? It is just that the case specifically asks for the refund of all PRIOR price increases, but the defence only relates to the May 2014 increase - did you have increases in prior contracts?

Mikmonken

RandomCurve wrote: »

Thanks -I have had a quick read and am encouraged by their defence

• They have made more prominent their case that this falls outside of the CISAS remit - they have used the same arguments as before - and CISAS accepted 100% of the cases. I am just worried that CISAS and EE may have done a deal to dismiss these as not coming under the remit - so I will beef up the response to that.

That's quite interesting, knowing that EE have for every case like this objected prior to it being pushed through to the "second" stage of the CISAS process, that they would then try and argue more that it is outside the remit of CISAS.
seems counter productive.

MrJester

RandomCurve wrote: »

Thanks -I have had a quick read and am encouraged by their defence


Basically:

• EE have just rehashed the original T&Cs defence - and we won 97% of those cases
• They only make one reference to the claim being "out if time" and we can easily address that(we already have re "Material distortion" a point they have declined to comment on).
• EE concentrate solely on the contract terms and do not dare quote the UTCCRs!

The one cause for concern:

• They have made more prominent their case that this falls outside of the CISAS remit - they have used the same arguments as before - and CISAS accepted 100% of the cases. I am just worried that CISAS and EE may have done a deal to dismiss these as not coming under the remit - so I will beef up the response to that.

I do have a question for you - did you send the CISAS claim as written on this forum/ the Fight Mobile Increases website? It is just that the case specifically asks for the refund of all PRIOR price increases, but the defence only relates to the May 2014 increase - did you have increases in prior contracts?

I sent the claim with yes the forms provided. I changed the parts to suit my situation. I didn't have any increases prior to May I just assume that prior means from now backwards.
So next step is me to make comments to CISAS on any of their points made in the defence right?

Mikmonken

Yep that's right you have 5 days to reply.

RC is well versed at getting a response together which I belive he's doing, once you submit that you'll be allocated an adjudicator and hopefully all being well cancel the contract penalty free... Yours probably 3-4 weeks from a decision now