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

AAB

RandomCurve wrote: »

I don't know the answer, but you raise a really good point. if you have legal advice on your home or car insurance, or through work etc then give them a call and explain.


As I see it Phones 4U "introduced" you to EE, and I assume EE pay Phones 4U commission for that introduction.
As an inducement Phones4U offered cashback (presumably out of the "commission" they receive from EE).


So the point is - When did/do EE pay Phones 4U the Commission, and what happened when Phones 4U went under?


1 - If EE paid Phones4U upfront:
Then your redress is to the administrators at phones for 4U and you will need to register with them that you are a "creditor" of phones 4U - there are timescales within which you have to register that debt, and I would think you would have missed this by now.


2 - IF EE pay Monthly to phones4U
Then I would assume the administrator of Phones4U would have lodged a claim with EE for the balance owing, but would EE have paid that; or would they have claimed that as they do not know if you will keep the contract then the debt is not due?
So the arguments here are if EE have not and are not paying phones 4U then the cost to EE of running your contract has reduced considerably, and therefore they can not say that the cost have increased on your contract. If EE are paying phones 4U still, then you need to proceed as per (1) above, and your claim may still be in date.


Please let us know how you get on with this.

Thank you for your reply. I have already sent the form off to resister as a creditor of P4Y, but as private creditors come last in the queue, I have almost no chance of getting anything from there.

I was asking regarding a possibility of getting out of contract due to their recently announced price increase. So any help regarding this will be greatly appreciated.

g6jns_2

AAB wrote: »

Thank you for your reply. I have already sent the form off to resister as a creditor of P4Y, but as private creditors come last in the queue, I have almost no chance of getting anything from there.

I was asking regarding a possibility of getting out of contract due to their recently announced price increase. So any help regarding this will be greatly appreciated.

How did you pay for your phone initially? I am thinking S75 claim if you paid by credit card.

AAB

g6jns wrote: »

How did you pay for your phone initially? I am thinking S75 claim if you paid by credit card.

Unfortunately I got Nokia 520 which was free so I didn't had to pay anything upfront. Monthly bills are paid by DD.

anna2007

An interesting update from Ofcom on an investigation into EE's complaints handling procedures:

http://stakeholders.ofcom.org.uk/enforcement/competition-bulletins/open-cases/all-open-cases/cw_01120/

Update note: 27 March 2015
Following an investigation, Ofcom has determined that there are reasonable grounds for believing that EE, trading as 4GEE, Orange and T-Mobile, has contravened GC14.4 of the General Conditions. Ofcom has therefore issued a Notification to EE under section 96A of the Communications Act 2003.

Specifically, Ofcom has reasonable grounds for believing that over the period from 22 July 2011 to 8 April 2014 EE contravened GC14.4 by failing to have and comply with procedures that conform to the Ofcom Approved Code of Practice for Complaints Handling (the ‘Ofcom Code’ which is Annex 4 to GC14) when handling complaints made by domestic and small business customers about its Public Electronic Communications Services. EE now has an opportunity to make representations to Ofcom on the matters contained in the Notification.

Let's hope the financial penalty fits the crime!

boatman

The money from the fine should be coming to us as we were the long suffering customers, is that how it works?

Maccadinho25

I havent had a letter or text about the new increase (signed the contract in Oct 13) - lets hope theres an increase on my next bill so i can say cya!

RandomCurve

AAB wrote: »

Thank you for your reply. I have already sent the form off to resister as a creditor of P4Y, but as private creditors come last in the queue, I have almost no chance of getting anything from there.

I was asking regarding a possibility of getting out of contract due to their recently announced price increase. So any help regarding this will be greatly appreciated.

I'm 95% sure you can have the price increase clause declared unfair and therefore EE won't be able to apply an increase.


As for cancelation I would say a 50/50 chance (if contract started after March 2014, rising to 75% of pre Jan 2014) based on a case that EE have applied RPI and not CPI and this is a real terms increase and is therefore of Martial Detriment to you. We did win some cases (about 80%) on this last year on pre Jan 21st 2014 contracts.

jazzyb88

RandomCurve wrote: »

EEs latest price rise gives grounds for cancellation as follows:


Last Year February 2014 RPI was used - This Year January 2015 RPI is being used - not a 12 month period


The price increase took effect 28th May last year, this year it is 26th March - not a 12 month period


RPI should not be being used - it should be CPI - challenge EE to prove RPI is the rate their costs have increased by (especially as the cost of your handset would not have increased as they have already paid for that).


Ofcom rules for Pre January 2014 contracts are that "Any change that is not to a consumers benefit, or neutral" is of Material detriment - so you can cancel your contract!! (RPI can not be neutral as CPI (0.3%) is the real inflation figure - so this is a REAL TERMS increase for you!)

Thanks RC. I've just drafted a quick email and sent it off to EE using their complaints form.

Will update when I receive a reply.

Quite keen to get out of my contract given the loss of cashback since P4U went bust.

AAB

jazzyb88 wrote: »

Thanks RC. I've just drafted a quick email and sent it off to EE using their complaints form.

Will update when I receive a reply.

Quite keen to get out of my contract given the loss of cashback since P4U went bust.

I too lost nearly £200 cash-back because of P4U, please keep us informed on how you get on.

MrJester

Hey RC!

Knew it was coming sooner or later. Just got this text:

Hi from EE. We want ot let you know that from 28 May 2015 your monthly price plan will increase by 0.9% in line with the most recently published RPI (Retail Price Index). This change is in accordance with your network terms and conditions. For more info and to calculate your new monthly plan cost, visit https://www.ee.co.uk/pricechanges-may-2015

My contract is due to expire this September 2015. It was taken out September 2013.

Where do I stand? What are my options for fighting against the increase?