MSE News: EE refunds £1m after mistakenly charging VAT on non-EU data

Cbeaux

Just phoned EE and was told they haven't a clue what I'm taking about.

Whilst in contract with EE 2010-2014, I have spent approximately 3 years on business outside of the EU, regularly making calls, text, and utilising data roaming. My monthly bills were aways around £200-400 per month over the back-to-back 24 month contracts. Without doubt, they owe me a refund!

Any more information on how to claim this? EE customer services were pretty shocking during my contract terms, and have proved no different during the call I just made.

bs7

EE says the error was spotted last year, but the money was never kept in its account as it was paid to HM Revenue and Customs – it says it has had to reclaim the overpaid VAT from the Government.

Hmmm ... surely the money went to their accounts when the payments were made to them and that cash would presumably have sat in their accounts until their quarterly VAT payment was required ... so they would have profited to some extent from the "mistake" with some interest paid to them.


Also, I'm not convinced it was correct for EE to wait until they had received the refund from HMRC either - although Ofcom will do nothing as they have proven impotent time after time when it comes to the consumer.


The payment of VAT is the responsibility of the supplier (EE) not the consumer. The consumer was wrongly charged and EE at fault so I'm not sure on what contractual basis EE, having discovered the error, can defer the refund to the customer (if HMRC hadn't returned the over payments were EE just going to keep quiet and keep customer's money?).

clarkey1000

I just spent 24 minutes on the phone having called the T-Mobile number provided in the MSE article. The first minute was navigating through the very frustrating menu (I ended up going through to account cancellations), the next 19 minutes I received hold music, a lady then answered so I explained why I was holding... without any comment / response, she then put me back on hold and was then cut off. Great response... NOT! Now off to bombard them with some customer service feedback via Twitter / Facebook!

Purp1euk

I also contacted EE on Twitter earlier following my horrible experience mentioned above, and they got back to me to say that former customers will be automatically refunded. I think this is a lie given both the BBC and MSE articles say the opposite.

If you are also struggling with this, then I suggest that you contact BBC Radio Five Live and ask Martin Lewis to address this issue on his lunchtime slot next Monday. Their twitter address is @bbc5live.

After today I actually think EE are somehow even worse now then they were when I left them...

JasonLVC

bs7 wrote: »

Hmmm ... surely the money went to their accounts when the payments were made to them and that cash would presumably have sat in their accounts until their quarterly VAT payment was required ... so they would have profited to some extent from the "mistake" with some interest paid to them.


Also, I'm not convinced it was correct for EE to wait until they had received the refund from HMRC either - although Ofcom will do nothing as they have proven impotent time after time when it comes to the consumer.


The payment of VAT is the responsibility of the supplier (EE) not the consumer. The consumer was wrongly charged and EE at fault so I'm not sure on what contractual basis EE, having discovered the error, can defer the refund to the customer (if HMRC hadn't returned the over payments were EE just going to keep quiet and keep customer's money?).

Its not unusual for HMRC to give the VAT back to the supplier, but it would certainly have been on the condition that the refunds are given back to the customers.


If the supplier doesn't give back the VAT, this is called unjust enrichment and HMRC will want the VAT back from EE if EE cannot get the refund back to the customers.

KassJ

Does anyone have an E-mail addy for EE?

The telephone lines don't have an option appropriate to sort this.. Shockingly!!

The only E-mail is for broadband..

I could of course use snail mail and NEVER get an answer..

I left T-mobile/EE after about two years of very VERY poor customer service and unreasonable charges and actually took them to the ombudsman AND WON!!

I see they haven't improved..:cool:

bs7

JasonLVC wrote: »

Its not unusual for HMRC to give the VAT back to the supplier, but it would certainly have been on the condition that the refunds are given back to the customers.


If the supplier doesn't give back the VAT, this is called unjust enrichment and HMRC will want the VAT back from EE if EE cannot get the refund back to the customers.

Yes, however, there's nothing to say that a supplier who overcharges (VAT or otherwise) is entitled to defer the rectification of that refund until a third party (albeit HMRC) returns the money to them.


And to claim they didn't benefit is nonsensical too as they clearly would have had a not insignificant sum in their account until they paid the VAT

Lifes_Grand_Plan

KassJ wrote: »

Does anyone have an E-mail addy for EE?

Go straight to the top....

[email protected] (chief exec)

also:

[email protected] (Head of Customer Service hahaha)

Keep it calm, polite and reasoned and you might get somewhere.

Miss_Kitty_2

So, I've just been on the phone to T-Mobile and have been tld that all ex and current customers will be getting an email/text by the end of the month informing them of the process in order to receive money back.

Whether this is the case or not, I dont know but at least I know that if I haven't heard anythig by Feb I can chase it up.

Although it was quite hard getting through to a Customer Service Agent as there was no option for this. I had to call as if I was an existing customer! Bit long winded to get through to anyone but definitely worth it if you get money back!

Good luck everyone!

System

james_dean1986 wrote: »

I was in Turkey during October and got charged VAT on both my personal phone (EE) and works phone (BT).
Everything I'm reading is a little unclear about whether Turkey is EU or not.
Can anyone help?

Turkey is in a VAT union with the EU so no refund would be due.