legal stance with cancelled contract nightmare

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thehammer_2
thehammer_2 Posts: 11 Forumite
edited 11 December 2014 at 8:12PM in Mobiles
I took out a contract with ee including a free phone with affordablemobiles.co.uk.

Ee made a complete hash of porting my number to their network and I was left not being able to text or call due to the routing of my number. After 3 months of non stop calls and emails and being batted from pillar to post they could still not rectify the issues and as they were in breach of their contract to provide services fit for purpose to me in a reasonable time frame, they suggested to disconnect me from their network.

As you can imagine at this point I was fuming having not been able to use my phone network for over 3 months I was glad to just put an end to the matter, after all what was I suppose to do? Simply keep paying £30 a month for a service I was not getting?

Now affordable mobiles have sent me a disgusting threatening email out of the blue claiming I owe them money or the phone.

It seems I have gone from victim to villain.

I agree I'm technically on breach of contract with them as the contract with ee was not fulfilled for the minimum term. However, I would be if it were not for ee being in breach of their contract to me.

So should ee not be responsible? Ee did repay me the 3 months line rental but I got no compensation for my nightmare what so ever.

Anyone know what I do?
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  • 19lottie82
    19lottie82 Posts: 6,027 Forumite
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    Do you have it in writing that they would release you from the contract penalty free?
  • thehammer_2
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    I have an email in which they offer to provide me with a pac code to move network. "Penalty free" is not actually wrote but surely they fact they allowed me to leave without paying off the remainder of my contract signifies it's without penalty and they are in breach?
  • d123
    d123 Posts: 8,631 Forumite
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    thehammer wrote: »

    Now affordable mobiles have sent me a disgusting threatening email out of the blue claiming I owe them money or the phone.

    You were released without a network penalty 21 months early and received a refund for the 3 months you were there, why do you feel justified to keep the phone that the retailer supplied you when you signed the agreement?
    ====
  • thehammer_2
    thehammer_2 Posts: 11 Forumite
    edited 11 December 2014 at 8:57PM
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    d123 wrote: »
    You were released without a network penalty 21 months early and received a refund for the 3 months you were there, why do you feel justified to keep the phone that the retailer supplied you when you signed the agreement?

    I don't feel justified as such. As I said in my first post I can agree that they should get what's owed to them. I just feel I got nothing but hell from ee and it's their fault this happened. So the main question of this thread is are they ultimately responsible as they were in breach of their contract to supply services?
  • 19lottie82
    19lottie82 Posts: 6,027 Forumite
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    thehammer wrote: »
    I have an email in which they offer to provide me with a pac code to move network. "Penalty free" is not actually wrote but surely they fact they allowed me to leave without paying off the remainder of my contract signifies it's without penalty and they are in breach?

    Unfortunately not......I feel your pain here but you cannot make assumptions like this and cease payments. Providing you with a PAC code lets you "leave" but does not remove your liability for the cost of the remaining minimum term.

    If get is paid ASAP and peruse your complaint in WRITING, otherwise your credit rating is likely to be trashed of the next six years which is far from ideal.
  • grumbler
    grumbler Posts: 58,629 Forumite
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    edited 11 December 2014 at 9:14PM
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    thehammer wrote: »
    So the main question of this thread is are they ultimately responsible for being in breach of their contract to supply services?
    Is this a rhetoric question? Yes, they are responsible and they apparently let you go without any penalties. What else do you want from EE?

    And yes, 19lottie82 was right that issuing PAC couldn't be stipulated by paying any outstanding charges.
  • d123
    d123 Posts: 8,631 Forumite
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    thehammer wrote: »
    I don't feel justified as such. As I said in my first post I can agree that they should get what's owed to them. I just feel I got nothing but hell from ee and it's their fault this happened. So the main question of this thread is are they ultimately responsible as they were in breach of their contract to supply services?

    so you are angry with EE? That still doesn't explain why you have retained a handset that affordablemobiles.co.uk supplied to you (and would have paid for).

    EE have released you, so the retailer doesn't get paid, of course you will be getting angry emails from them, they are currently hundreds of pounds out of pocket.

    What was the phone they supplied?
    ====
  • thehammer_2
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    grumbler wrote: »
    Is this a rhetoric question? Yes, they are responsible and they apparently let you go without any penalties. What else do you want from EE?

    And yes, 19lottie82 was right that issuing PAC couldn't be stipulated by paying any outstanding charges.


    Well i want hem to foot the bill or some compo of some kind. It's easy to make it out to be trivial without going through it. They are a complete micky mouse company that simply fobs you off. Imagine not being able to call or text for over three months while paying for the for it, emailing them all day, having to spend hours night after night calling them on hold going through the same questions and answers with complete morons who have no clue passing you from person to person going round in circles and getting no where. I was told 3 months for that kind of problem is a record!

    You get to the point where you just lose it.
  • thehammer_2
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    d123 wrote: »
    so you are angry with EE? That still doesn't explain why you have retained a handset that affordablemobiles.co.uk supplied to you (and would have paid for).

    EE have released you, so the retailer doesn't get paid, of course you will be getting angry emails from them, they are currently hundreds of pounds out of pocket.

    What was the phone they supplied?

    My only beef with them is that this is the first time they have contacted me. They could have at least been more polite instead of threating language making out I'm the bad guy when they don't know the facts. Also they send the email using a 'buymobiles.net' header. What's all that about.

    I will return the handset I have no problems with that.
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