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?!!

Niceteeth Mon 16-Dec-13 18:27:05

Sorry if that's a bit incoherent, I'm really upset! And feel like such an idiot!

CaptainSweatPants Mon 16-Dec-13 18:29:33

what's EE?

I read it as Eastenders grin

Right I don't understand.

You mistakenly took a call from Ee rather than orange and accepted a contract of £25 per month. Yes?

So this is what you should be paying. Are you paying more than this?

lookatmycameltoe Mon 16-Dec-13 18:32:41

I read all that thinking you were upset about eastenders. Still not sure what ee is in this context.

I've read again. It sounds like Mis-selling as you were misled with regards to there being a new contract.

I would write to them or email and ask for a transcript of the call where you 'agreed to the contract'

Stipulate that it was Mis-sold and the terms are not what you had agreed

BerryChristmas Mon 16-Dec-13 18:35:03

EE is Orange !

Niceteeth Mon 16-Dec-13 18:37:48

EE is a mobile phone provider. They have taken over Orange but apparently are still separate in some way.

ILiveInAPineappleCoveredInSnow Mon 16-Dec-13 18:38:05

Something similar happened to my mum with Three, except luckily I arrived before she was off the phone and told them to cancel it.
I think there is a lot of this type of misselling with phone companies, but I don't know what you can do about it :-(

Niceteeth Mon 16-Dec-13 18:40:00

mrscumberbatch they said that the conversation has been deleted! and that once I 'accepted the handset' that meant I agreed to the 24 month contract, even though that's exactly the opposite of what I wanted.

BlackDaisies Mon 16-Dec-13 18:40:08

I think you should draft a letter explaining exactly what happened and send it to their head office. Presumably the worst case scenario is that you can cancel your original contract and just keep the new one going. I've had terrible experiences with ee salespeople with their hard sell tactics. I did complain after the last one fleeced me with all sorts of extras which I signed for in a weak moment. Luckily I got out of it within their cooling off period and got some money back. Did you actually sign anything? If not you can probably get out of it if you don't give up.

Doobiedoobedoobie Mon 16-Dec-13 18:40:37

No EE is t mobile

frogspoon Mon 16-Dec-13 18:44:38

EE is a phone company that manages Orange and T-mobile (or something like that)

Sounds like you've been ripped off. I would suggest you repost this on the legal matters board as well, because whilst this message may get the traffic, it may not get anyone with enough legal knowledge to help you.

EE is both T mobile and Orange they merged, and became EE

HungryHorace Mon 16-Dec-13 18:47:38

EE is T Mobile AND Orange combined.

I would contact them and refer to there being a mistake which therefore means that the contact is not valid. Mistake can be on either party's part and I've used it to escape a Vodafone contract before.

It's more polite / less aggressive than accusing them of fraudulent misrepresentation, which it may well be if they've blatantly lied to you.

Niceteeth Mon 16-Dec-13 18:51:07

I didn't sign anything, but the lady on the phone was extremely unhelpful and kept repeating that there was nothing she could do. Didn't seem to think it was strange that I would accept having 2 contracts at the same time! And it doesn't seem to matter that I was lied to either

Niceteeth Mon 16-Dec-13 18:51:39

Thank you I might try legal matters.

WeAreEternal Mon 16-Dec-13 18:52:44

EE did this to SIL a few months ago.

The confusion is that EE is a new network that was set up by the owners of orange and tmobile in a way to basically try and take over the uk mobile phone/Internet market. orange and tmoble are now merged and everything is run under the EE brand.

When they called SIL she was led to believe that it was about her exsisting contract and the sales person told flat lies to get her to agree to her 'upgraded handset' and better tarriff.
Luckily she noticed the direct debit the first time it went out and called and questioned it, after a lot of arguing, (they swore that she had agreed to a second contract) she demanded to be sent a recording of the call.
When they couldn't produce it they changed their stance and started trying to bargain with her for a 'better' deal.
Eventually though they agreed to let her out if the contract.

Hassled Mon 16-Dec-13 18:53:15

I had a similar experience with O2 some years ago and insisted that they listen to the recording of the original call. They did, and backed down completely. Might be worth a shot?

Mumstheword1976 Mon 16-Dec-13 18:53:28

I think many companies operate in this unscroupulous manner. Similar thinh happened to me with virgin.... twice!! They called me offering a better deal on my tv package, i questioned as to whether thos would enter me into a new contract to which they replied no. Low and behold when i tried to cancel a few months later i was told i couldnt as i was only a few months into contract..... then the same happened again! Dispite me telling them what happened the 1st time and the guy insisting thos meant no new contract. I cancelled anyhow and cancelled my direct debit. They can chase me for their money, my credit ratings shit anyway not bothered. Lying bastards

Niceteeth Mon 16-Dec-13 19:01:16

I can't believe they can get away with doing this sort of thing! Basically it seems I've left it too long as they've already deleted the conversation. But it just isn't right that they can tell blatant lies in order to get people onto a new contract.

RodneyTheChristmasElf Mon 16-Dec-13 19:05:22

I thought one of the Tombliboos had upset you. I clearly need to get out more.

Niceteeth Mon 16-Dec-13 19:19:03

Thanks for that rodney I needed a laugh!!

4athomeand1cooking Mon 16-Dec-13 19:30:23

We have been caught out by them too.

Have been with orange for 10 years with no problem. I got a phone call to reward me with my loyalty and offered me a new iPad for free payable at £20 a month for a sim. As I was looking to purchase one for work after maternity leaveI thought great deal.

It came and i set it up to acknowledge wifi and not the sim. In one month I took it out once and did not use Internet.

One month later a £150 bill arrives for data roaming charges.

I called to discuss and they said all roaming had gone on SIM card and not wifi, I accessed the settings and told them that I could clearly see it was linked to wifi and their response was "maybe it is now".

I asked why alarm bells did not ring and got told it was not their problem.

I have had to get apple to confirm that my settings are correct and looks like a Long battle. Because my phone is linked I am also cut off unless I pay.

caroldecker Mon 16-Dec-13 19:47:17

They need to provide evidence of a new contract - if there is no call they have none. write them a letter outlining the above. I assume you have never used the new number, so include that and give them 14 days to respond or you are taking them to the small claims court. If no response then do so.

Niceteeth Mon 16-Dec-13 19:50:31

Thanks for that caroldecker might try that. They didn't even send me a copy of the t's and c's they kept going on about so how I was to know about this contract I really don't know!

sykadelic15 Mon 16-Dec-13 20:00:00

I agree with Carol, unless they have proof they're committing fraud. Proof will be the phone call or your signature. Someone sends me something I don't have to "assume" there's a catch, they need to get proof. Could be someone else received the package and not me.

Nope I'd be fighting this.

Good luck! Please keep us updated!

Fairylea Mon 16-Dec-13 20:14:59

I absolutely hate EE.

I always used to be with orange for many years and they were great. We live extremely rurally and they were the only signal we could get. Since they merged with EE our signal dropped to zero
I rang and complained several times only to be told there is signal in our area. Well no there bloody isnt!

I got told to use my phone (the one with no signal - ha!) to ring and they would change the signal settings. I had to use my home phone for every customer service call I made which cost me a fortune as they kept giving me mobile numbers for their technical team etc.

I changed the settings on the phone. Still nothing. I wrote an email to complain (there is a whole website about "how to complain to EE"- honestly Google it) and received an email back to ring customer services!! Went round in fucking circles.

In the end I argued with a team leader and said if I had taken out the contract with ee I would have a cooling off period and realised I had no signal and would have canceled. So to just migrate me from Orange to ee where I have no signal is breach of contract on their part as they are not providing me with a service I am paying for.

Eventually and very reluctantly (3 months later) they have finally agreed to cancel the contact and I have nothing else to pay.

Persistence pays!

In your case it sounds like they have offered you an early upgrade? have I understood correctly that you gave your dad the new phone and you out the new sim in your old one and kept using it? I can see then why they are saying you've entered into the new contract. However did you say you've been paying two lots of bills? You need to query this as this shows they have screwed up somewhere.

Niceteeth Mon 16-Dec-13 20:21:52

Yes I gave my dad the new phone but he used it with his own sim for which he pays. I have told them I've been paying 2 lots of bills but they just seem strangely uninterested.

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

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.

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.

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!

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.

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 20:37:08

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

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?

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.

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 20:48:04

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 20:53:53

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

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.

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 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 21:03:54

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.

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?

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.

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.

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.

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

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

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

Do that!

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.

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!

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