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

g6jns_2

RandomCurve wrote: »

Yes please - don't forget to delete/change the blue text. The more pressure the better.

The more OFCOM try and sweep it under the table the bigger the problem for them if they are investigated. Keep up the good work RC.

RandomCurve

I was going to post up EEs defence - but he paragraph numbers keep changing - and they are the important points!!! I will post it up on the Fight Mobile Increases Website:


http://fightmobileincreases.com/fight-ee/complete-camapaign-against-ee/

Mikmonken

I didn't think Joe asked for compensation have EE forgotten to take that out from an old case?

RandomCurve

EE annual Accounts ended 31st December 2013. Quick question - why did EE say it needed to increase prices???


Company: Optimising operations ahead of plan
EE made continued progress on the network, retail and supplier optimisation programmes. The Group has decommissioned 6,010 redundant network sites since the inception of the programme, reduced its supplier base, integrated its warehouses and streamlined the retail estate by 59 stores in 2013 to approximately 600 outlets. Full year indirect costs were reduced 3.1% year on year. In 2014, EE will continue the cost savings programmes, through network optimisation and a net reduction of approximately 25 retail stores.


So indirect cost have reduced by 3.1% (overall cost reduced by 6.5%), but your bills needed to go up by 2.7% because of inflation - really?
Found your 3G signal no longer works - perhaps you can find a clue as to why in the quote above!

sick_of_paying_more

Rc
Have sent an email to your website email address!
Regards

MrJester

Hey fellas. "The claim can not succeed". RC I will forward you the decision now, feel free to share it when it is made anonymous.

So, I've lost the battle, but can we yet win the war?

Mikmonken

JoeJester wrote: »

Hey fellas. "The claim can not succeed". RC I will forward you the decision now, feel free to share it when it is made anonymous.

So, I've lost the battle, but can we yet win the war?

what a shame, looks to me like EE's petitioning to CISAS is perhaps making them a tad impartial, what were the initials of your adjudicator by the way?

claireb1

Looks like going have wait til my contract up in April/May

My phone is now struggling to charge ive tried different cables and batteries think it's the phone socket it's self.

Will need see if can get sent off for repair

RandomCurve

JoeJester wrote: »

Hey fellas. "The claim can not succeed". RC I will forward you the decision now, feel free to share it when it is made anonymous.

So, I've lost the battle, but can we yet win the war?

An interesting decision. It DOES NOT consider the merits of the case re if the change in T&Cs is of Material Detriment, it only considers that the customer did not act in the required time scales.


Most obvious by its total exclusion from the reasoning is there is NO mention of the Unfair Trading Regulations and if/how EE have complied with them. So I think we will have to change the defence response to specifically ask that the adjudicator considers these regulation, and to quote the below (see decision highlighted red).


http://www.out-law.com/en/topics/projects--construction/construction-claims/limitation-periods-under-english-law/
Statutory limitation periods for breach of contract and tort claims


The Limitation Act, passed in 1980, specifies the limitation periods which apply in relation to what it terms 'simple contracts' and deeds. The Limitation Act allows actions for breach of contract and tort, such as negligence, to be brought within a period of six years under a simple contract and twelve years if the contract is executed as a more formal deed. Under English law, a 'simple' contract is one which is executed with one signature only.


What law book do these adjudicators use? Maybe EE and CISAS have pre agreed the outcome - or am I just being paranoid?


f. Upon scrutiny of the terms and conditions relevant to the parties’ agreement, it is clear that they require the customer to immediately give notice to cancel before the change takes effect, following notice from the company of a change. In light of the evidence, I accept that the customer only contacted the company to dispute the change of terms and subsequent price increase on XX September 2014. In view of that the change to the terms was notified to the customer in February 2014 and the subsequent price increase notified to the customer in April 2014, I find that the customer failed to give the company notice to terminate the agreement within the requisite periods.
g. Therefore, I am satisfied that on XX September 2014, the customer was out of time to claim his right to cancel the contract without penalty. For the sake of clarification, I am not persuaded that the customer has established that Ofcom guidelines or consumer protection legislation entitles him to any longer period within which he is able to give notice to terminate the agreement, following notice from the company of the alteration and price increase.

RandomCurve

I have been thinking about how we are going to get EE and CISAS to consider the Unfair Trading Regulations – and I have a cunning plan!!

Let’s see what the next few case results bring, but if CISAS ignore the UTRs then I will re-write the case as follows:

1 – We will NOT ask for a penalty free cancelation!
2 – We will ask for COMPENSATION equal to sums paid and DUE on your contract from Mid March 2014 (when your penalty free termination would have come into effect) to the end date of your contract! On the basis that EE BREACHED the UTRs (and Ofcom Regulations) and denied you your right to a penalty free cancellation.
Effectively you get a FREE contract, and don’t even need to go sim only with another provider!!!

The above approach will leave EE with no choice but to try and justify how they complied with Regulations and were professionally diligent. The Most damning piece of evidence will be that one of the tests for a Material Distortion is that “….because of the practice, the average consumer……. would not exercise cancellation rights when otherwise they would have done so.”
And guess what---You are an average consumer, and you never cancelled!!!

And CISAS will have no choice but to make a determination based on the above!