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

RandomCurve

I have prepared a response to Graham Howell informing us that he has investigated his colleagues and they are squeaky clean!


I will post it up here once we have heard back from Ofcom re if they have found a way to circumvent fulfilling their obligations under the Communications Act re CISAS or if hey are tel CISAS to accept the cases.


The reason for the delay is I don't want to delay Ofcom on that decision (you'll see why when I post the response).


I am not totally stupid and know that trying to get Ofcom to change its positing is equivalent to banging ones head against a brick wall. :wall:
However I am trying to clarify the baseline and back them into as tight a corner as possible before taking further action, and the more of us who contact them (even if it is only me who finally takes action) the harder it will be for them to wriggle out of things, but more pressure to make them squirm!!!:)

RandomCurve

Has it been confirmed that CISAS have rejected a case under rule 2b from someone who has never contacted CISAS before?

ulaggy

RandomCurve wrote: »

Sorry -meant to quote you not me!!! YES you are ready for SCC.

I sent the Letter Before Action, via email and post and got the reply I posted on the previous page. Basically telling me to goto CISAS, ie they didn't read my email at all and realise exactly what it was. The postal version should have arrived but I'd be surprised if they respond to it. Do I need to give them 14 days before the next step? Or is my abysmal reply by email enough for me to be able to make the next step with the SCC?

Mikmonken

RandomCurve wrote: »

Has it been confirmed that CISAS have rejected a case under rule 2b from someone who has never contacted CISAS before?

Everything suggests that EFC_1878 has but he's not responded to my messages. Time line all suggests he never submitted, because all his posts are in june and then the only follow up was within the cases we're working on now.

http://forums.moneysavingexpert.com/showpost.php?p=65702963&postcount=1898

http://forums.moneysavingexpert.com/showpost.php?p=65704122&postcount=694

Gone through all the previous posts so 99% certain but no not confirmed yet

Mikmonken

Staller email from OFCOM as they're still looming into IT with CISAS should hear something in the next feels days

RandomCurve

I've had nothing back from Ofcom so I have sent the below to push them along a little (copying in the media of course, but not Olaf this time).


Dear Lynn,

I would like to know why Ofcom are finding this so difficult.

The new case concerns the enforceability of EEs PRE March 2014 price variation clause under the UTCCRs and whether or not a customer can obtain a penalty free cancellation due the change in T&Cs taking into account the UTCCRs, EEs contract, Ofcom GC 9.6 and Ofcom rules on notification guidelines. All of these things clearly fall within the remit of the ADR (as Ofcom have previously advised) so there is really no decision to make regarding claim eligibility against this criteria.

Regarding Rule 2b it is obvious that previous CISAS case related to the validity of the POST March 2014 Price variation clause against GC 9.6. So the cases are not the same - and as far as I am aware the rules do not limit one CISAS compliant per customer per contract! So again I am struggling to see why this is taking so long.

A cynic might think that the reason this is taking so long is to give Ofcom time to work with CISAS and EE to concoct a way for CISAS to refuse these cases. I am sure this is not the case and expect that you will be able to confirm that no communication has taken place with EE on this matter since it has come to Ofcom's attention, as EE have no part to play in Ofcom's consideration of the ADRs remit. I also trust that EE are not being given an unfair insight into CISASs' likely "reasoning" in order to enable EE to construct a more robust defence against the claim, and I again expect that you will confirm that CISAS and EE have not had any communications on this matter since Ofcom became involved.

Regards

RC

[Deleted User]

Dear All,

I received a letter last Friday from the County Court and it basically says that my claim is now allocated to the small claims track and a preliminary hearing is scheduled in Mid October for about just 15 minutes.

And the hearing is about to establish:
1: outstanding issues in the case
2: whether the claim and/or defence has a reasonable prospect of success;
3: whether or not there is any possibility of a settlement; and of not
4: what documents, statements or other evidence will be required for the hearing of the claim;
5: how long the hearing is likely to last.

It also mentions that if any party fails to attend the hearing the court may make a decision in that party's absence. This may include an order that the claim or the defence or counterclaim be struck out and/or an order that payment be made.

I was decided to go for the hearing until today I received a phone call from a company offering me a position which I personally really wanted. I've accepted the offer and I will be starting the new job on 6th October.

The problem is that the new company is quite far from the court I initially chose to sit (at least 1 and half hour travel). Also I was advised by the new employer that if it is possible, I'd be better not taking any days off in the coming two months.

I definitely do not want to withdraw the claim and thus I would very much appreciate it if any of you here could offer me some help. Could I write to the court to ask it to deal with the claim in my absence. Or it would be better for me to take just a half day off on that day and then attending the hearing in person? How I could prepare for the hearing? Moreover, having a preliminary hearing instead of a final hearing could possibly mean that the judge feels that the claimant (or the defendant) has no real prospect of succeeding and wants to sort out the claim as soon as possible, or the papers do not show any reasonable grounds for bringing the claim? Could a preliminary hearing possibly become a final hearing where the matter is decided once and for all?

Thank you very much in advance for your help!!

Mikmonken

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.

RandomCurve

MSE are looking for things to research - I have suggested Mobile phone companies and Ofcom - follow the link and suggest the same!!!


https://forums.moneysavingexpert.com/discussion/comment/66589747#Comment_66589747

ulaggy

[quote=[Deleted User];66584471]Dear All,

I received a letter last Friday from the County Court and it basically says that my claim is now allocated to the small claims track and a preliminary hearing is scheduled in Mid October for about just 15 minutes.

And the hearing is about to establish:
1: outstanding issues in the case
2: whether the claim and/or defence has a reasonable prospect of success;
3: whether or not there is any possibility of a settlement; and of not
4: what documents, statements or other evidence will be required for the hearing of the claim;
5: how long the hearing is likely to last.

It also mentions that if any party fails to attend the hearing the court may make a decision in that party's absence. This may include an order that the claim or the defence or counterclaim be struck out and/or an order that payment be made.

I was decided to go for the hearing until today I received a phone call from a company offering me a position which I personally really wanted. I've accepted the offer and I will be starting the new job on 6th October.

The problem is that the new company is quite far from the court I initially chose to sit (at least 1 and half hour travel). Also I was advised by the new employer that if it is possible, I'd be better not taking any days off in the coming two months.

I definitely do not want to withdraw the claim and thus I would very much appreciate it if any of you here could offer me some help. Could I write to the court to ask it to deal with the claim in my absence. Or it would be better for me to take just a half day off on that day and then attending the hearing in person? How I could prepare for the hearing? Moreover, having a preliminary hearing instead of a final hearing could possibly mean that the judge feels that the claimant (or the defendant) has no real prospect of succeeding and wants to sort out the claim as soon as possible, or the papers do not show any reasonable grounds for bringing the claim? Could a preliminary hearing possibly become a final hearing where the matter is decided once and for all?

Thank you very much in advance for your help!![/QUOTE]

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!