EE - verbal contract formed?

MamaMoo_2

Right, been having a debate with a friend of mine today.

Yesterday, she phoned EE and asked if she was eligible for an extra line on her account. She was told yes, she was, and then the woman on the phone proceeded to offer her a contract & phone, told my friend the cost/duration/inclusive tablet etc, and my friend agreed.
She was then put on hold, before being told that she was in fact not eligible for said contract as they'd made a mistake and she wasn't eligible for an extra line yet.

My friend thinks that there was a verbal contract formed which EE are now in breach of, I think that there's no contract as no T&C's had been mentioned, no delivery date had been given and there was no dispatch of the item.
She thinks this is irrelevant as offer and acceptance occurred, whereas I'm not entirely sure it did, and what the rep said was more an invitation to treat and would be subject to credit checks etc, but my friend said she shouldn't have needed to be credit checked as it was pre-approved on internal scoring, and she also wasn't told that this was "subject to status" etc.

Either way, I think if they are in breach, she has no loss (other than not being able to get the same contract elsewhere, which isn't their problem) so it's irrelevant.

Can anyone tell me who is right?

If you need any more information just ask and I'll find out! Thanks

bod1467

I think you are right. At MOST she could contend "loss of bargain" but that would be very difficult to prove.

Hintza

"Errors and omissions excepted"

Is the normal term that will cover this.

MamaMoo_2

Hintza wrote: »

"Errors and omissions excepted"

Is the normal term that will cover this.

Does that require specifying prior to any conversation or is it just a generally accepted part of contracts that doesn't require stating prior to anything.

MamaMoo_2

bod1467 wrote: »

I think you are right. At MOST she could contend "loss of bargain" but that would be very difficult to prove.

We did actually have a chat about that, and my friend reckons that her 8gb a month £36 contract she was offered with a free ipad would otherwise cost her £30 per month for the data with an initial outlay of £500 for the ipad.
She says taking off 24 months x £6, EE owe her £356 for "loss of bargain".
I'm still not sure that a contract was concluded, and she has no proof of the phone call, so I think that small claims would be frivolous and likely to fail.
She thinks they have no leg to stand on.

Again, I'm fairly certain I'm right, but do you have any input as if more people agree with me she might drop it, 'cause I reckon she's just going to end up costing herself time and money when it's not worth it!

agrinnall

In your OP you mention that your friend was told she was "not eligible for an extra line yet" (my bolding). I've no idea what this offer is, but will she be able to take it up at some point in the future? If so then the loss of bargain at the level she has calculated may be harder to argue, as if she waits a while she'll get what she wants anyway.

MamaMoo_2

agrinnall wrote: »

In your OP you mention that your friend was told she was "not eligible for an extra line yet" (my bolding). I've no idea what this offer is, but will she be able to take it up at some point in the future? If so then the loss of bargain at the level she has calculated may be harder to argue, as if she waits a while she'll get what she wants anyway.

It's possible but there's no guarantee I guess, as it depends on her credit rating with the company which is currently "Average". They did advise her, apparently, to call back next month as apparently her credit rating has improved since she signed up, and will increase month on month assuming she doesn't get stupid with them and stop paying

bris

She may or may not have a case, the recording of the call would determine whether the contract was concuded before she was put on hold or a reasonable person (the judge) in a small claims action may disagree and decide the contract wasn't concluded until the call was actually terminated.

The loss of bargain however is more complicated, your friend would have to mitigate her loss, to do this she would have to find the best deal for the same products. Without looking I would assume other providers do similar deals so their may not be a loss, she cant just claim for the ipad without looking first at other providers.

Hintza

With contracts like this they can not go through all the T&Cs on the phone and it is the up to you read them when the item or paperwork arrives and if you disagree you will be allowed to cancel.

From their point of view the contract was still being negotiated and had not been finalised, if the call had ended then I think she MIGHT be in a slightly stronger position.

jacques_chirac

'We currently have this offering' - invitation to treat
'I would like that package please' - offer
'Of course, your service has been upgraded' - acceptance

Acceptance did not happen in this circumstance, so no contract was formed.