To be absolutely furious with EE?

(54 Posts)
Niceteeth Mon 16-Dec-13 18:26:16

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?!!

SnoogyWoo Tue 17-Dec-13 08:26:53

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!

caroldecker Tue 17-Dec-13 01:27:21

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.

Sallyingforth Mon 16-Dec-13 22:18:16

Do that!

Niceteeth Mon 16-Dec-13 21:34:21

I might try asking them for evidence of this 'contract'

Sallyingforth Mon 16-Dec-13 21:32:00

No regulation. There are independent phone shops on every High St. Some of them might be honest. Others make a lot of money.

ChrisMooseMickey Mon 16-Dec-13 21:29:45

@Niceteeth if they have no phonecall they have no evidence that you signed up to it. Please fight this. They conned my stepdad into something very similar.

EE are a pain in the arse. I was meant to be recieving a sony experia z tablet as a "reward" with a 24 month contract (I was informed of this!) and was told it would be with me within three days. Its been over a month and I still haven't recieved it- I certainly won't be paying the bill when it comes in... starting to wish I hadnt bothered now.

manticlimactic Mon 16-Dec-13 21:21:58

As pp's have saidSounds like you've had a 3rd party ring you up so it's not necessarily going to be EEs fault. I have had these ring me up as I end my contract pretending to be from the service provider. I ask them to give me my account number and confirm my post code. They can't do it. I never ever enter into a contract over the phone.

Niceteeth Mon 16-Dec-13 21:12:26

I'd never even heard of 3rd party dealers, surely they shouldn't misrepresent who they are? Aren't they regulated at all?

Sallyingforth Mon 16-Dec-13 21:03:54

Dealers can get details from the networks of contracts that are about to expire, so that they can call and try to get a renewal.
They are supposed to do so honestly and not make false claims, but there is little or no check on them to make sure they do.

Fairylea Mon 16-Dec-13 21:01:50

Gosh excuse my awful grammar and spelling. I just read that back.... I have an ill toddler that's only just gone to sleep, and now my brain's gone to sleep too.

Sallyingforth Mon 16-Dec-13 21:01:08

I'm very sorry for you Niceteeth.
It was a rotten trick he played on you, but if it's any consolation you are not the only victim of this sort of scam by any means..

Fairylea Mon 16-Dec-13 20:59:25

I used to work in a sales environment so I know how it works. It is very possible you were lied to by a third party broker who basically took a gamble assuming you were an orange customer to offer to change your tariff to something cheaper. It is also however possible it was orange and tthey have entered you into a new contract / upgraded you especially since you say the contract was due to end in December and this occurred in July (they often upgrade early 3-5 months, I was with orange for about 5 years and this was about the time they'd ring me to upgrade).

I don't have a problem having a contract phone. I've always had contract phones and I am fully aware I'm paying partly for the phone as well.. For me this is fine as I am gadget mad and my phone is the one thing I really enjoy and I wouldn't be able to buy the same grade of phone new or even secondhand as I am buy going contract with and free phone.

It does sound to me though that they are going to say you opened a new contract. It's going to be difficult to prove you didn't realise this especially since you have kept the new phone as well albeit given it to your dad. Worth a try though.

Niceteeth Mon 16-Dec-13 20:53:53

I've learnt my lesson, that's for sure.

Sallyingforth Mon 16-Dec-13 20:48:04

Never believe a salesperson on the phone. They DO tell lies.
IF EE couldn't find a phone call recording, you can be sure it was an unscrupulous dealer who called you from their own premises.

Niceteeth Mon 16-Dec-13 20:45:37

You should have heard the conversation we had. Me: 'Are you sure I won't be entered into a new contract?' Him:'Definitely not' Me:'Are you absolutely sure?' Him:''Yes' Me:'What will happen in December then'? Him: 'You're free to cancel' and repeat ad infinitum. Honestly, I do agree I was daft, I just never thought a salesperson could lie in answer to a direct question. He even said the phone was a reward for being a loyal customer!!

Sallyingforth Mon 16-Dec-13 20:44:30

Honestly they are the worst network out there
No. They are ALL the worst network out there.
It just depends which network you happen to be with, when you get a problem.
If you want to avoid problems like this, don't sign up to a contract with a 'free' phone. There is no such thing as a free phone - you are effectively buying it on HP over 24 months.
Choose your phone in a shop, but go home and buy an unlocked one over the internet. Then get a monthly contract for calls, which you can cancel at any time and change networks if you don't like the service. It will work out cheaper in the longer term. You can always keep the same number.

CranberrySaucyJack Mon 16-Dec-13 20:39:16

I think you've been very daft to say the least.

Did you honestly think they'd send you a brand-new smart phone without there being at least an 18-month contract attached?

Niceteeth Mon 16-Dec-13 20:37:08

Oh gosh, your poor mum! Oh well I won't hold out much hope of it getting sorted before Christmas then smile

Fairylea Mon 16-Dec-13 20:35:03

Good luck.

Honestly they are the worst network out there. It's beyond a joke.

It's fine until something goes wrong and then they don't seem to have any way of talking to someone to sort something out.

They also screwed my mum over... They talked her into a new contract (she is very elderly and wanted to go pay as you go and got confused). After she put the phone down she realised she didn't want a contract phone so literally straight away she rang them back to cancel. They said they couldn't cancel but to send the phone back without signing for it as this would cancel the contract. So that's what she did.

Three months later she received a debt collection letter saying she owed ee 300 pounds as they hadn't been able to collect payment for her monthly bills ! For the contract and phone she didn't have!

She rang to try to speak to someone but went rround in circles and as a pensioner she has very little money to make such phone calls as it is so I sorted it for her and got them to finally agree there was no contract with them to claim for and they stopped harassing her, after 6 months of stress.

Niceteeth Mon 16-Dec-13 20:30:10

That's the thing though, I didn't even use the new sim. The man on the phone said they would just upgrade my existing contract. So none of the minutes on the 'new contract' have actually been used.

Niceteeth Mon 16-Dec-13 20:27:03

I think I will call them again tomorrow and then if I have no luck, go through the steps on the website. I will try to update back. I have calmed down a bit now, I was soo angry!

Fairylea Mon 16-Dec-13 20:26:42

I understand that re your dad and the phone. However, (hindsight is a wonderful thing) the fact they sent you a new sim suggests it's a new contract - otherwise they would have just changed the tariff under the old sim.

So you put the new sim in your phone? Did you throw the old one away? If so you will be able to try to argue that the old sim was deactivated at the same time as the new one was activated so therefore you assumed they were one and the same contract and did not realise you had been entered into a new contract.

Sallyingforth Mon 16-Dec-13 20:24:20

OP it's very likely that this was not actually Orange or EE who called you.
Very probably it was a dealer who signed you up in order to get commission from EE. Dealers can get subscriber information from the operators. It happens with all networks not just EE.
The clue is in the deal - it sounded too good to be true and therefore it was.
You should still fight it though.

Niceteeth Mon 16-Dec-13 20:23:16

Ha, I found that website! There's loads of stuff about them on YouTube to out seems, people have recorded them lying blatantly on the phone. I don't understand why this isn't illegal.

Fairylea Mon 16-Dec-13 20:22:37

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