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How do I respond to Ombudsman?

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  • PHK
    PHK Posts: 1,481 Forumite
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    d123 wrote: »
    I used CISAS when EE put the prices up around 4 years ago, CISAS found in my favour and allowed early termination, I think I was even awarded some compensation as well iirc.

    I found them professional and easy to deal with, perhaps it's down to how you present your case.

    I think this is the key. All ADR schemes base their decisions on evidence. In a case where one party says one thing and one another they will decide which is most likely based on who has the most convincing argument.

    If you haven't got clear records or documentation and your argument relies on a sense that you've been wronged, then you'd better be pretty persuasive.



    If
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    edited 26 February 2017 at 6:53PM
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    I'd believe that if it wasn't for Ombudsman Services (on three separate complaints) accepting whatever the complanee said but not the complainant - apart from ignoring basic glaring facts AND the complainee failing to produce any of the documentation Ombudsman Services asked them for. I am good at presentation and had no such issues in the case of two complaints to CISAS and probably a dozen to the FOS over the years (unlike it's predecessors, which were more like Ombudsman Services until the outcry was too much for the politicians and the FOS was launched instead).
  • boatman
    boatman Posts: 4,699 Forumite
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    edited 28 February 2017 at 4:52PM
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    This was the conclusion of my CISAS case(mid contract price rise):

    Decision:
    1. The claim succeeds in part.
    2. I direct that the company shall immediately process the customer’s request to terminate his contract without penalty. Further, the company should provide the customer with his PAC, an apology and compensation of £50.00.

    The customer seeks a refund of monies paid since his cancellation request. I do not see that the company should refund all charges since the request for termination. The customer has had the services available to him during this period and appears toaccept that he has made use of those services during the relevant period. He would have had to pay something, even if he had been released from his contract and transferred his mobile number to an alternative supplier. I have not been provided with anyinformation regarding any other deals he might have done had his terminationrequest been accepted, or savings that he may have been able to achieve from this. I thereforefind that the customer's claim for a refund of monies paid since his cancellation request does not succeed.

    They agreed with me and said i could leave but did not back date to the original claim date.

    To my mind, it has nothing to do with what 'i might have paid', it is to do with Tmobile refusing to release me when they should have done.

    "The customer has had the services available to him during this period and appears to accept". If I put a complaint in to CISAS, how have I accepted?
    Tmobile will not allow me to leave, I have no choice but to continue to use the service until the CISAS case is dealt with!

    .
  • d123
    d123 Posts: 8,633 Forumite
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    boatman wrote: »
    This was the conclusion of my CISAS case(mid contract price rise):

    Decision:
    1. The claim succeeds in part.
    2. I direct that the company shall immediately process the customer’s request to terminate his contract without penalty. Further, the company should provide the customer with his PAC, an apology and compensation of £50.00.

    The customer seeks a refund of monies paid since his cancellation request. I do not see that the company should refund all charges since the request for termination. The customer has had the services available to him during this period and appears toaccept that he has made use of those services during the relevant period. He would have had to pay something, even if he had been released from his contract and transferred his mobile number to an alternative supplier. I have not been provided with anyinformation regarding any other deals he might have done had his terminationrequest been accepted, or savings that he may have been able to achieve from this. I thereforefind that the customer's claim for a refund of monies paid since his cancellation request does not succeed.

    They agreed with me and said i could leave but did not back date to the original claim date.

    To my mind, it has nothing to do with what 'i might have paid', it is to do with Tmobile refusing to release me when they should have done.

    "The customer has had the services available to him during this period and appears to accept". If I put a complaint in to CISAS, how have I accepted?
    Tmobile will not allow me to leave, I have no choice but to continue to use the service until the CISAS case is dealt with!

    .

    I see 2 separate issues, did you evidence what other service you might have used? did you submit what it may have cost had you used Three PAYG for the time from notice date to release date?

    Secondly, you should probably have stopped all use of the sim if you were going to try and leave without making any payment from the date you gave the termination notice.
    ====
  • boatman
    boatman Posts: 4,699 Forumite
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    edited 28 February 2017 at 9:52PM
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    d123 wrote: »
    I see 2 separate issues, did you evidence what other service you might have used? did you submit what it may have cost had you used Three PAYG for the time from notice date to release date?

    Secondly, you should probably have stopped all use of the sim if you were going to try and leave without making any payment from the date you gave the termination notice.
    I continued paying line rental under protest, but I had to keep and use the phone number.
    To me it is irrelevant what I could have saved, tmobile chose not to let me go, so having lost the case should have paid back what I had paid. They made the choice to force me to go to CISAS and lost, but they lost very little because I didn't get my line rental back for the time I was in dispute.

    To me it was a terrible conclusion, tmobile had nothing to lose, they got their line rental and by the time the result was announced, my contract was complete anyway. They increased the line rental price above RPI and I had to pay it even though CISAS agreed that I should be allowed to leave.
  • d123
    d123 Posts: 8,633 Forumite
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    boatman wrote: »
    I continued paying line rental under protest, but I had to keep and use the phone number.
    To me it is irrelevant what I could have saved, tmobile chose not to let me go, so having lost the case should have paid back what I had paid. They made the choice to force me to go to CISAS and lost, but they lost very little because I didn't get my line rental back for the time I was in dispute.

    To me it was a terrible conclusion, tmobile had nothing to lose, they got their line rental and by the time the result was announced, my contract was complete anyway. They increased the line rental price above RPI and I had to pay it even though CISAS agreed that I should be allowed to leave.

    It's been a while since my CISAS case, but iirc I stopped all usage from the month after T-Mobile refused my termination and I was awarded my line rental back as I made the point that I was using a new network and had made no use of T-Mobile from the date I gave notice (I submitted my itemised bills to show zero usage).

    As I said earlier, their decisions can be quite different, depending on adjudicator and how the evidence is presented.
    ====
  • boatman
    boatman Posts: 4,699 Forumite
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    d123 wrote: »
    It's been a while since my CISAS case, but iirc I stopped all usage from the month after T-Mobile refused my termination and I was awarded my line rental back as I made the point that I was using a new network and had made no use of T-Mobile from the date I gave notice (I submitted my itemised bills to show zero usage).

    As I said earlier, their decisions can be quite different, depending on adjudicator and how the evidence is presented.
    I'd agree that stopping use of the number is probably a good idea but not always practical if you have a business.
    I think it's fair to say in my case it was a terrible flawed conclusion.
  • 007james
    007james Posts: 46 Forumite
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    edited 18 March 2017 at 7:46PM
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    Haven't looked at this thread for a while as I am OP. It has somehow got off track.

    I have been offered £30 for an error Vodafone made in offering me a 'free' data gift then charging me for it.
    Also £45 compensation and a sorry letter.

    I have until Monday 20th to accept this offer. I do feel that there is collusion between Vodafone and Ombudsman who keep telling me they are evidence based. They have sent me all the records that Vodafone sent them as of course there isn't even mention of the phone contracts (12 months). If it's evidence based, I'd like to see whether they sent me alerts for data as the account holder but I think I might win this in court if I state that I never received a deadlock letter.

    I want to know does a deadlock offer have to be sent in WRITING?
  • 007james
    007james Posts: 46 Forumite
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    Also does anyone know if it's policy that both handsets should be sent data alerts when there are 2 numbers on one account? They are blaming me for not monitoring the account and ignoring text alerts which of course I didn't receive to my handset.
  • 007james
    007james Posts: 46 Forumite
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    Is it 2 contracts on one account or 2 phones on one contract?
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