Breach of contract

nebari

I have been an EE customer for nearly 2 months, and last Wednesday (8 days ago) requested a port in of my other number. This started last Thursday, however since then I have not been able to receive calls / texts.

I have been on the phone constantly with Customer Services over the last week to get this resolved. Apparently Vodafone have not released the required files, however this is not my fault and it is down to the respective companies port in teams to liaise and resolve.

The net result is still no ability to receive calls / texts, and being told to just wait another 24 hours (again and again).

I asked for them to terminate my contract today citing a breach on their side (not providing me with a full service), to which they have replied they will only cancel if I pay out my contract (£185), which I refused. This resulted in EE refusing to put me through to the relevant department as they would not speak to me unless I agree to pay the fee.

Am I correct, that they are in breach, and should I be able to demand termination of the contract immediately with no cost to myself?

BJV

Mmmm. I had an issue last year with a telephone from Tesco on o2. Mine just lost the ability to make/ receive calls/texts and would turn itself off. I took the case to Ofcom.


Ofcom cited that it is not Tesco's liability to provide a service that works???? Really ???? Bottom line they sided with Tesco even though the issue started less than 28 days into a 24 month contract. Tesco's contract was to provide a service no matter if it worked or not.


I thought exactly as you they have broken their contract by not providing the ability to use the phone but no. I spent I long time trying to appeal etc and nothing. In the end I paid the £500 and vowed never to use Tesco. Ofcom said that Tesco had been reasonable even though it was six months until they offered to repair or even test the phone.

tomtontom

They are in breach, but a fault is unlikely to be a fundamental breach, so you are not entitled to terminate your contract early. Have you logged a complaint? This may get the issue resolved more promptly.