Trying to return an EE phone - 27 days later and a Jiffy bag has arrived!

ladymagpie

All calls are recorded so when I send my phone back I'm going to request the recordings of the calls under the data protection act and do a complaint to CISAS if they can't offer me decent compensation.

ste_wilko

If you haven't used the phone and not opened the box, as long as your request cancel was made within 14 days of entering into the contract you do not have to pay anything, even if they haven't sent out the jiffy bag. This is covered by the sales of goods act (distance sales)

MataNui

ladymagpie wrote: »

All calls are recorded so when I send my phone back I'm going to request the recordings of the calls under the data protection act and do a complaint to CISAS if they can't offer me decent compensation.

They say calls are recorded but if you have a quick read of other posts you will see many complaints that recordings are 'unavailable' when requested but i have yet to see a single post when a recording is made available to the caller when it is requested. Also they dont specify how long calls will be kept. Given the high call volumes i would doubt anywhere keeps them for more than a month (apart from a few calls used for customer service training examples).

They dont have to record or keep calls so why would anyone voluntarily give you access to a recording of a conversation if it incriminates them and would result in them paying compensation?

Tony5101

MataNui wrote: »

They dont have to record or keep calls so why would anyone voluntarily give you access to a recording of a conversation if it incriminates them and would result in them paying compensation?

If a caller completes a SAR to get access to a call - they have no choice but to provide it to you.

MataNui

Tony5101 wrote: »

If a caller completes a SAR to get access to a call - they have no choice but to provide it to you.

I believe the wording most companies use is 'calls MAY be recorded or monitored for training or quality control' etc. Even if this particular company states 'calls WILL be recorded ....' then it doesnt really make any difference to my main point. They are under no legal obligation to record calls, or keep them for any length of time and in all probability they wont keep them for very long. A SAR is only really any use if it is used to access information you know a company is holding about you (they can also be used to request a company provides statistics on a particular subject) but in this case the company can simply respond saying no recordings could be found.

Tony5101

All that you wrote is completely true - however non-compliance with a SAR carries some very stiff penalties, so lying about whether a call exists or not, isn't really an option. You would of course have to go the legal route to prove that calls do or did exist etc..all of which ends up extremely expensive for an individual.
In my organisation if a SAR is received - everything to do with the requestor is immediately frozen for a period of time - ensuring that nobody can amend any records etc. I assume that other companies will have similar policies.

ladymagpie

ste_wilko wrote: »

If you haven't used the phone and not opened the box, as long as your request cancel was made within 14 days of entering into the contract you do not have to pay anything, even if they haven't sent out the jiffy bag. This is covered by the sales of goods act (distance sales)

It doesn't matter whether the box is opened or not, I still have the right to make a change of mind decision even if I activated and used the phone for a week.

ladymagpie

MataNui wrote: »

They say calls are recorded but if you have a quick read of other posts you will see many complaints that recordings are 'unavailable' when requested but i have yet to see a single post when a recording is made available to the caller when it is requested. Also they dont specify how long calls will be kept. Given the high call volumes i would doubt anywhere keeps them for more than a month (apart from a few calls used for customer service training examples).

They dont have to record or keep calls so why would anyone voluntarily give you access to a recording of a conversation if it incriminates them and would result in them paying compensation?

In all honesty I just want to keep turning up like a bad penny and cause them trouble until they start taking me seriously.

I did that with npower when they took money out of my account after I cancelled a direct debit with them. They charged me a final bill twice, after the second time I got a bit annoyed so cancelled the debit so they had to send me a bill rather than just take the money and tell me over the phone it's the last one. After they took the money I phoned them and accused them of illegally taking money out of my account after I cancelled the direct debit agreement over a month ago, I made a complaint - asking for the telephone call which proved I had been told no more money was due - and had the money refunded and £50 compensation without having to complete a SAR.

Somehow though I don't think EE are going to be as easily cowed.

ladymagpie

Day 23 - still no sign of bag that's was apparently sent on the 30th.

ladymagpie

Day 26 - still no bag. Phoned and got through to EE's customer services who are actually going to take forward a complaint after I used the term 'CISAS', had an email from a named customer services person confirming the details. Also promised another bag! So that's now roughly 5 bags that have been sent in 26 days.

To annoy me further I've already started getting new upgrade offers from them.