To be absolutely furious with EE?(54 Posts)
Sorry, this is going to be long!
In July, I got a call from a person that I thought was from Orange. He was very friendly and informed me that because I was a long term customer, I was being offered a brand new sony experia handset, free of charge, and I would be moved on to a new, better tariff. So instead of paying about £25 for 300 mins or so, I would be paying £21 for unlimited minutes and texts.
So all well and good, except that because of some poor customer service I had already decided to leave Orange when my contract expired this December. So I asked him, very specifically would this mean I was signing a new contract? And what was the catch? He said, in several ways, no, and there was no catch. I would still be within the terms of my old contract, and so I was free to cancel in December if I wanted. I also mentioned that I had recently got a new phone anyway after breaking my old one.
So when the phone arrived, I decided to give the phone to my dad who needed a new one. He put his own SIM card in and has been using it since. I happily started using my phone a lot more.
Due to one thing and another, I hadn't checked my outgoing direct debits since then. (I know I should have). However I did become aware that I was being charged quite a lot still, one month being charged £50! I spoke to DH and we decided that I would just use my phone very sparingly and then cancel my contract in December as planned and move onto giff-gaff.. To be fair I was just sick of them by this point due to past issues.
Sooo... Beginning of December I called to cancel, was told I need 30 days notice, all well and good. However while going through my online banking later I realised that I was being charged £21 a month by EE separately. I queried this and was told it was for an additional contract, with an additional number!! The person I spoke to was very sympathetic and assured me she would investigate and get back to me, and I was likely to get some money back. She never did. I called again, and was told I'd be called back in 24hrs. Still heard nothing. So today I called and was told that by accepting the phone I had agreed to a 24 MONTH contract and there is absolutely nothing they can do about it. No money back, no way of getting out of this contract and that is that!
What do I do?!!
I might try asking them for evidence of this 'contract'
They have broken the law and you do not have a new contract. They have illegally taken money from your account. However they will argue they are correct and the banks will support them. You need to do two things: write and advise about the small claims court as i mentioned earlier, also talk to your bank and invoke the direct debit guarantee. The bank will say you need to cancel with them, tell them bollocks see here, they should have told you about a change and you can claim it all back. You may still need to go to the small claims court to stop them chasing you for the 'debt' and damaging your credit rating. Remember companies break the law all the time, they are not right until the court has decided and they rely on you backing down. Challenge them and you will win based on what you have told us. the point about the new nub er never being used is key as you obviously did not enter an additional contract as you have never used the number.
It will definitely be a 3rd party dealer, EE would not do this direct with you. You are in a sticky situation as you can enter an agreement over the phone and by using the phone it enters you into a 24 month contract. Obviously you were lied to but proving it will be difficult as its your word against theirs.
I have been involved in the mobile phone industry for 16 years and I have seen this many times. It was the same with cash back promises, dealers would promise it and then go bust leaving the customer asking the network for the money. It was nothing to do with the network so the customer is left high and dry.
You always get rogues when they can send you a phone with a new number and get £300 commission for a few minutes work!
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