How to get out of a dreadful contract with EE

macman

The recipient can't cease a DD. Only the (bank) account holder can. So all your uncle had to do was cancel the DD with his bank, no need to talk O2.
All the recipient can do is cease to draw on the DD facility.

batsintheattic

I said in my first post that I have been to CPW & EE in person several times & phoned (the first time was straight after the first bill arrived with the wrong name) - both claim it is the fault of the other. Yesterday I went into EE, showed them the original contract paperwork with MY signature, details & bank account (which refers at no point to my husband) & told them that I would no longer pay for the contract if they would not put it right - they still refused.

CPW now say that they may be able to get it sorted by way of a change of ownership document from my husband, but this is not the point: I am sick of the obstructive attitude of EE, their constant ineptitude (which basically amounts to breaking the data protection law) & now their failure to supply any home coverage. I am tired of trying to put this right & I want out. I just want to know how I (&my husband) stand legally before I do anything. I do not require snipey sceptical comments, just constructive advice please.

grumbler

batsintheattic wrote: »

....I am sick of the obstructive attitude of EE, their constant ineptitude (which basically amounts to breaking the data protection law)

As said above, you might be sick of anything, but in this case EE have not done anything wrong. It's CPW who !!!!ed up, should have corrected everything, but were giving you runaround instead.

& now their failure to supply any home coverage. I am tired of trying to put this right & I want out.

This is a separate issue that has to be dealt with separately instead of creating even more mess.
Without solving the main problem you can't address the second one, but if it's just indoor signal you are unlikely to have the contract cancelled on these grounds.

macman

Without wishing to be accused of being 'snidey and sceptical', as has has been pointed out above, the person who owns the bank account the DD is drawn on has no connection with the legal mobile account holder, so that's a red herring. Millions of people have mobile contracts where someone else pays the bill, and the supplier has no idea who owns the account.
Forget phoning or going into the stores: you need to complain to CPW in writing, sent by RD, to the CEO, it will then be passed to the exec office team.
Otherwise, since your time is presumably precious too, and you have made many visits without resolution, get your husband to come in with you as they requested, because otherwise no one is going to talk to you under the fear of a data protection breach.
I don't understand your question 'where do we stand legally?'. On what issue? You remain in contract, but in these circumstances I would be surprised if EE won't void your contract without penalty if you use the 'breach of data protection' stick to beat them with. That would be the result you want, as without home reception (which your contract does not guarantee|), you would then be free to switch networks, and walk away with your iPhone in hand.

Anoneemoose

batsintheattic wrote: »

I said in my first post that I have been to CPW & EE in person several times & phoned (the first time was straight after the first bill arrived with the wrong name) - both claim it is the fault of the other. Yesterday I went into EE, showed them the original contract paperwork with MY signature, details & bank account (which refers at no point to my husband) & told them that I would no longer pay for the contract if they would not put it right - they still refused.

CPW now say that they may be able to get it sorted by way of a change of ownership document from my husband, but this is not the point: I am sick of the obstructive attitude of EE, their constant ineptitude (which basically amounts to breaking the data protection law) & now their failure to supply any home coverage. I am tired of trying to put this right & I want out. I just want to know how I (&my husband) stand legally before I do anything. I do not require snipey sceptical comments, just constructive advice please.

In what way are EE breaking the data protection law?? And how else are they inept? As MANY others have pointed out, it is CPW who have balled it up. As far as EE are concerned, they have an account with an account holder and until CPW confirm otherwise, they have no reason to change that.

Your signal issue could caused by one of a number of things including the phone that CPW (see them again) sold you. Although I appreciate signal issues are annoying, there (contrary to popular belief) are many legitimate reasons for network problems. If a mast is down for eg, it could be in the process of being fixed. This in itself often takes longer than people may think as well - engineer visits to the sites, access permission to the sites, tree surgeons, safety engineers.
I am also aware that this should be done without causing too much inconvenience but a month isn't totally out of the ordinary. I have to say, it sounds like you just want out anyway.

gjchester

batsintheattic wrote: »

I do not require snipey sceptical comments, just constructive advice please.

I doubt that's the intent of anyone here, we are trying to help, while it may be blunt at times, and it may not be what you want to hear, that does not make the advice wrong.

It sounds like you took the contract out through Carphone Warehouse, and for whatever reason they made the mistake. You need to take this up with CPW, NOT EE.

batsintheattic wrote: »

I said in my first post that I have been to CPW & EE in person several times & phoned (the first time was straight after the first bill arrived with the wrong name) - both claim it is the fault of the other. Yesterday I went into EE, showed them the original contract paperwork with MY signature, details & bank account (which refers at no point to my husband) & told them that I would no longer pay for the contract if they would not put it right - they still refused. .

EE do not know anything about what went on at CPW when the contract was set up, and so are (quite rightly) refusing access as you are not listed as a contact on the account. You may not like it but that is the DPA working as intended.

batsintheattic wrote: »

CPW now say that they may be able to get it sorted by way of a change of ownership document from my husband, but this is not the point: I am sick of the obstructive attitude of EE, their constant ineptitude (which basically amounts to breaking the data protection law) & now their failure to supply any home coverage. I am tired of trying to put this right & I want out. I just want to know how I (&my husband) stand legally before I do anything.

The account was set up wrongly, CPW set up the account they need to resolve it. Until they do EE are not being obstructive, they are simply following the DPA not breaking it, you are not listed as a contact.

CPW made the mistake, they need to resolve it.

Mrs_Ryan

Even if you are listed as being able to speak on the account EE will still tell you bog all.
I discovered this when I did an upgrade on my phone recently as the account is not in my name but I have third party access to it and the billing address is mine. I pay the bill (not by DD) and they wondered why I got so irate when they told me to just stop paying as it wouldn't be me who got chased for it and I would be free of a contract that I needed to keep.