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  • FIRST POST
    • TamaraC
    • By TamaraC 12th Sep 17, 6:32 PM
    • 24Posts
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    TamaraC
    EE's mis selling
    • #1
    • 12th Sep 17, 6:32 PM
    EE's mis selling 12th Sep 17 at 6:32 PM
    My husband was on an old orange deal on PAYG and wasn't getting a good deal. On friday I phoned EE on his behalf, and between me and the agent decided it would be better and cheaper for him to be on contract. I was promised a new sim by Monday and that there would be no disruption in service at all. I was happy as was my husband. However, today we still haven't received the new sim and the old sim is not working. This is my husbands business phone and heavily relies on it, I explained that it was promised there would be no disruption and the change would be seamless. After talking to EE's online chat, I was getting nowhere so it was escalated to a manager, who offered £30 as a good will gesture, I explained that rather than a good will gesture it was more of an insult as my husband is potentially losing over £100 a day in business, It was escalated again to Gary, resolution manager. Gary offered £50 good will, but again I explained that it was an insult, going by their calculations for the new sim, my husband is potentially losing £500. I was promised everything and they have delivered nothing, other than a pitiful apology and an insult. So, now we have a phone that doesn't work, no sim and losing business. I have requested a "deadlock" letter from them in order to get in touch with the communications Ombudsman, but other than that, does anyone have any advice please?
Page 1
    • Louisdf
    • By Louisdf 12th Sep 17, 6:40 PM
    • 558 Posts
    • 661 Thanks
    Louisdf
    • #2
    • 12th Sep 17, 6:40 PM
    • #2
    • 12th Sep 17, 6:40 PM
    Obviously its frustrating being without a phone, but if you signed up for a consumer contract EE is not liable for any business losses.
    • BorisThomson
    • By BorisThomson 12th Sep 17, 6:55 PM
    • 538 Posts
    • 883 Thanks
    BorisThomson
    • #3
    • 12th Sep 17, 6:55 PM
    • #3
    • 12th Sep 17, 6:55 PM
    Your husband needs a business contract if he expects to be covered for losses. That is what you arranged, isn't it?

    Has the SIM been lost in the post, and are they sending a replacement?
    • JJ Egan
    • By JJ Egan 12th Sep 17, 6:56 PM
    • 9,863 Posts
    • 4,058 Thanks
    JJ Egan
    • #4
    • 12th Sep 17, 6:56 PM
    • #4
    • 12th Sep 17, 6:56 PM
    As above .Was it a business contract ??As previous was PAYG it looks like it was not a business contract hence the usual £30 goodwill and no liability .
    • TamaraC
    • By TamaraC 12th Sep 17, 7:01 PM
    • 24 Posts
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    TamaraC
    • #5
    • 12th Sep 17, 7:01 PM
    • #5
    • 12th Sep 17, 7:01 PM
    They made 2 promises that they didn't keep to, so I was sold a contract under misinformation. Surely they can do better than £50
    • pmduk
    • By pmduk 12th Sep 17, 7:03 PM
    • 7,647 Posts
    • 5,502 Thanks
    pmduk
    • #6
    • 12th Sep 17, 7:03 PM
    • #6
    • 12th Sep 17, 7:03 PM
    Where's the mis-selling?
    • TamaraC
    • By TamaraC 12th Sep 17, 7:04 PM
    • 24 Posts
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    TamaraC
    • #7
    • 12th Sep 17, 7:04 PM
    • #7
    • 12th Sep 17, 7:04 PM
    It's not a business contract but is used for his business. It was being changed from PAYG to contract. They assumed liability when they admitted that the woman I spoke to was at fault for not giving the correct information and when they offered £30 compensation, it wasn't until later they changed it to "gesture of good will"
    • BorisThomson
    • By BorisThomson 12th Sep 17, 7:04 PM
    • 538 Posts
    • 883 Thanks
    BorisThomson
    • #8
    • 12th Sep 17, 7:04 PM
    • #8
    • 12th Sep 17, 7:04 PM
    They made 2 promises that they didn't keep to, so I was sold a contract under misinformation. Surely they can do better than £50
    Originally posted by TamaraC
    £50 is very generous under the circumstances. How much is his monthly charge?
    • TamaraC
    • By TamaraC 12th Sep 17, 7:06 PM
    • 24 Posts
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    TamaraC
    • #9
    • 12th Sep 17, 7:06 PM
    • #9
    • 12th Sep 17, 7:06 PM
    I only changed it from PAYG because A) they guaranteed that I would get the sim by Monday and B) they guaranteed there would be no issues with the service, miss-selling. Not once did she say that there would be any kind of delay or loss of service, despite me asking several times
    • TamaraC
    • By TamaraC 12th Sep 17, 7:06 PM
    • 24 Posts
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    TamaraC
    Monthly charge has nothing to do with it. They guaranteed delivery and no loss of service
    • TamaraC
    • By TamaraC 12th Sep 17, 7:08 PM
    • 24 Posts
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    TamaraC
    I was told that because he is self employed and sole trader that the normal contract would be sufficient
    • TamaraC
    • By TamaraC 12th Sep 17, 7:09 PM
    • 24 Posts
    • 0 Thanks
    TamaraC
    Your husband needs a business contract if he expects to be covered for losses. That is what you arranged, isn't it?

    Has the SIM been lost in the post, and are they sending a replacement?
    Originally posted by BorisThomson
    They are sending a replacement
    • pmduk
    • By pmduk 12th Sep 17, 7:10 PM
    • 7,647 Posts
    • 5,502 Thanks
    pmduk
    The normal rate of compensation for loss of service through non-arrival of SIM is the monthly charge divided by 30, multiplied by the number of days service lost.
    After all, it's not the network's fault, and there is no provision for consequential loss.

    You should have bitten their hand off for £50, you may well find that offer is off the table now
    Last edited by pmduk; 12-09-2017 at 7:23 PM. Reason: Sprained wrist + rubbish keyboard = awful input Sorry!
    • BorisThomson
    • By BorisThomson 12th Sep 17, 7:10 PM
    • 538 Posts
    • 883 Thanks
    BorisThomson
    Monthly charge has nothing to do with it. They guaranteed delivery and no loss of service
    Originally posted by TamaraC
    It has everything to do with it, any offer of compensation/ goodwill would be relative to your payment.
    • TamaraC
    • By TamaraC 12th Sep 17, 7:15 PM
    • 24 Posts
    • 0 Thanks
    TamaraC
    They are sending a replacement
    Originally posted by TamaraC
    Yes they are but it could take another 3 -5 days in which time he is losing business and money
    • TamaraC
    • By TamaraC 12th Sep 17, 7:18 PM
    • 24 Posts
    • 0 Thanks
    TamaraC
    The normal rate of compensation for things loss of service through non-arrival of SIM is the monthly charge divided by 30,0moltiplied by the number of days service lost. After all, it's not the network's fault, and there is no provision for consequential loss.
    You should have bitten their hand off for £50, you may well find that offer is off the table now
    Originally posted by pmduk
    But it is the networks fault, they guaranteed there would be no loss of service. If they had a doubt about how long the sim would take i:e they knew there was a possibility that the sim would not definitely arrive by the stated date, then they should not have disconnected the old sim first. They were responsible for sending the sim, they made the promises and then deliver on any of it
    • Guys Dad
    • By Guys Dad 12th Sep 17, 7:25 PM
    • 10,206 Posts
    • 9,348 Thanks
    Guys Dad
    But it is the networks fault, they guaranteed there would be no loss of service. If they had a doubt about how long the sim would take i:e they knew there was a possibility that the sim would not definitely arrive by the stated date, then they should not have disconnected the old sim first. They were responsible for sending the sim, they made the promises and then deliver on any of it
    Originally posted by TamaraC
    And you have proof of this that would stand up in court?

    If not, take the money.
    • molerat
    • By molerat 12th Sep 17, 7:25 PM
    • 17,349 Posts
    • 11,522 Thanks
    molerat
    Strange that the PAYG was cut off. When we changed from Orange PAYG to EE contract nothing happened until we put the new SIM in the phone, that triggered the switch.
    www.helpforheroes.org.uk/donations.html
    • BorisThomson
    • By BorisThomson 12th Sep 17, 7:28 PM
    • 538 Posts
    • 883 Thanks
    BorisThomson
    You've had your consumer rights explained to you, they're not going to change however many times you repeat the same thing.
    • pmduk
    • By pmduk 12th Sep 17, 7:31 PM
    • 7,647 Posts
    • 5,502 Thanks
    pmduk
    Nobody in a call centre can ever be 100% certain about delivery. Just as you can't be yourself when posting something . They'll have given you the best info to hand. If you needed a new SIM with the same number they can't have the same number on two active SIMs simultaneously.
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