I agreed to a 12 month contract now they are saying its 24.

kyruu

And how can they hold me to it if they have no proof of me accepting the deal or signing a contract...

kyruu

And by the way it was a representative of EE that i was speaking to. not some random third party company that singed me up for a contract lol

gjchester

kyruu wrote: »

"You agreed to something which seemed too good to be true from a phone call from someone who may not have even been who you thought they were. "

But if i agreed to something that was too good to be true, and it wasnt true, litrelly how the !!!! can they hold me to it if it wasnt true in the first place...

kyruu wrote: »

And by the way it was a representative of EE that i was speaking to. not some random third party company that singed me up for a contract lol

First question would be to ask was it actually EE who called, or a 3rd party who was less than clear, ie "I'm calling on behalf of" type comment. A representative of EE does not always mean it was EE themselves.

If EE was not the source of the call but a 3rd party then your contract (and claim) is with the 3rd party not EE. As an example (its Vodafone in that case not EE, but the principle is the same) see https://forums.moneysavingexpert.com/discussion/5070173

I'm not saying EE is not without blame but you need to start working out who sold you the tablet/contract first in this case.

kyruu

Im pretty certain it was someone from EE, he was called me up because he realized i used a lot of data, and he and access to all my ee/orange information and said many times that he called from EE and stuff. everything went directly through EE after that point, i never at any point dealt with anyone that said they were from a different company or anything... im normally very clear on this sort of stuff and very cautious when it comes to scams etc and there was nothing fishy about this. Apart from the bloody fact everything was fine until i saw it was signed up as a 24 month contract when he specifically told me it was only 12 months...

kyruu

After contacting EE about it today even they have absolute no mention of any other company that signed me up for this or anything.

mobilejunkie

And they also have no mention of a 12 month contract? Sales people are paid to sell. It's your money and you don't have proof it was NOT a 24 month contract. Blow like a whale as often as you like, but you're stuck with it unless you have proof. He said/I said isn't good enough.

Herongull

Nonsense. These things are decided on the balance of probabilities. It is certainly isn't the case that the courts accept the word of a mobile company unless you can prove it was 12 months.

Since when are mobile companies deemed to be 100% truthful or infallible? The courts weren't born yesterday!

If the mobile company can't produce any evidence of what was agreed the courts normally side with the consumer.

Also Distance Selling regs (and their successor) require them to supply you with the details of the contract in written form. If they don't the cooling off period continues until they do.

They haven't a leg to stand on. Take them to the ombudsman

mobilejunkie

Good luck with that. Orange and T-Mobile bills also show clearly the length of a contract and that would end the argument.

Courts do decide on the balance of probabilities. I certainly wouldn't take someone to court on the basis of the facts in this case as I prefer to win. Since the vast majority of mobile phone contracts are for 24 months and not 12 - especially ones offering "free gifts" - I think it is very misguided to suggest suing.

B19JON

I had a very similar issue with Vodafone. 12m upgrade but system said 24m.
I too requested the recording but it had been deleted. So I went into a store and asked to speak to a manager. I Explained the situation, and all I wanted to do was see the notes that were made against my account. Bingo...12M contract... called up again, gave them sh it and if by magic... the recording was then found.

Kernel_Sanders

Herongull wrote: »

Nonsense. These things are decided on the balance of probabilities. It is certainly isn't the case that the courts accept the word of a mobile company unless you can prove it was 12 months.

Since when are mobile companies deemed to be 100% truthful or infallible? The courts weren't born yesterday!

If the mobile company can't produce any evidence of what was agreed the courts normally side with the consumer.

Also Distance Selling regs (and their successor) require them to supply you with the details of the contract in written form. If they don't the cooling off period continues until they do.

They haven't a leg to stand on. Take them to the ombudsman

I agree with this. It's pretty obvious they are lying about the tape. They've listened to what their salesman said (the OP heard it) and decided to wipe it.
OP no need to flood the thread with consecutive posts; use the edit facility.