Cancellation problems T Moblie/EE

kaffenback

Hi All,

I am having some minor hassle with T Mobile/EE re cancelling my contract with them. In around May I phoned and checked when was the earliest point I could cancel my contract with them (it was a two year contract including a phone) and was told I was able to phone on 5th June to cancel it with effect from 5th July. I therefore did exactly that and asked about a PAC code while I was at it. They said I would have to contact for the PAC code a few days before the contract end, discussed how that was best scheduled. I said OK but regardless of that I am giving a months notice that I cancelling my contract.

In the end I decided not to transfer my number as I have had a fair number of nuisance calls and texts. I cancelled my DD with T Mobile and awaited a final bill from them, estimate £15 or so. Whilst I was away I had two letters from them saying my account has been suspended due to non payment with increasing balances in late July (£17.87) and early August (£29.39), then I must admit I was a tad slow about dealing with this, i.e.failed to respond before I got a letter from 'Buchanan Clark & Wells' asking for £41.44 on 18th August. I emailed this outfit on 28th August thusly:

"Dear Sirs,

Re your letter of 18th August 2015, please inform your client EE Ltd that I will not be paying the requested amount of £41.44 as the bill they have produced is inaccurate.

I phoned your client's customer services on 5th June 2015 to give one month's notice that I was cancelling my contract with them, as I was entitled to do under the terms of the existing contract. There was a conversation also re how and when I could get a 'PAC' code to transfer my number to another service provider and time scales for using it, but at the end of the conversation I was careful to state clearly that, regardless, I was giving notice to cancel the contract in one month.

Your client will also be aware that I have not used any of the mobile phone services they provide since a few days before 5th July 2015. However your client has continued to add amounts to the account after 5th July 2015, therefore please can you pass my request to them to provide a fully itemised bill for outstanding amounts up to the 5th July 2015 only."

After some interchanges to establish identity Buchanan et al wrote back on 30th Sept asking me to contact them to get their client's response. I emailed again requesting that response on 7th October, to which they replied yesterday:

"Thank you for your Email.
We write with regard to your recent communication concerning the above account and can confirm that the information supplied by you was passed to our client for further instruction.

Our clients have advised us that the balance of £37.42 is on T-Mobile account xxxxx for mobile number xxxxx. The PAC code was issued on 05/06/2015 and you were advised if this was not used then a new 30 day notice would need to be placed, as per their terms and conditions. They did not receive any disconnection request for the number, it is currently an active line suspended for non-payment. They request that you contact them to place a 30 day notice on the account and that you are liable for the balance.

Please do not hesitate to contact us should you require any further assistance."

I am not at all happy to pay them any extra for their failing to cancel an account and do not accept that some stipulation by them about use of PAC codes can be enforced on acustomer who changed their mind about porting the number, when I clearly stated I was cancelling the contract regardless.

So how to respond? I have a feeling I should stop corresponding with the Buchanan bunch (are these debt collectors masquerading as solicitors?) and tell EE that unless they produce an invoice for the account up to 5th July only, and maybe £10 cost for work done prior to my response to their letters, I will not be paying them anything unless directed to by a court.

(I am two years in to an IVA so I am not that precious about my credit rating right now...)

mobilejunkie

That's how it works. Ask for a PAC and it voids the notice to cancel. Don't use the PAC and the contract continues. Cancel the direct debit and you are in debt. Then the debt collectors start their job and your external credit files are wrecked for the next 6 years - which in your case means that the clock restarts on your poor credit rating.

kaffenback

So I have to pay up and cancel contract all over again? Not that fussed about credit rating even after the IVA, but suppose ability to borrow might be handy in an emergency. Stupid system that is really annoying, also I do not understand how they can keep a charging a monthly fee when the account and phone number is suspended?

mobilejunkie

Not just the kind of borrowing you're thinking of. Mobile phone contracts are a credit contract and that depends on your credit rating. So do an awful lot of other things, many of which you can't envisage at present.

In answer to your question, technically, yes. Although since you're already on an IVA presumably it would just be another item? I would make a formal complaint to EE saying that you weren't informed that if you didn't use the PAC the notice of termination already given wouldn't take effect, which is why you cancelled the direct debit and didn't use the bundle after the date you thought it was finished. However, having made three formal complaints to them myself I have yet to have received any response, so waited 8 weeks and took it to CISAS. Then they paid up in full with compensation immediately each and every time. In your case, you haven't got one so going to CISAS almost certainly wouldn't help (though if EE DID ignore your formal complaint for 8 weeks you would have a case for that much).

kaffenback

Don't want credit, not even mobile phone contracts, now use £5 per month Giff Gaff 'Goodybags' set to auto repeat, unlocked phone owned outright, no car loan, etc., etc. Mortgage being paid regularly, ditto IVA with StepChange, bank account with Nationwide no overdraft but full debit card and online facilities. All household bills up to date.

However no doubt there are other things I have not thought about, so best I get hold of them and cancel again I suppose, I will be glad to see the back of them.

mobilejunkie

I would at least try asking if they can do anything for you under the circumstances. After all, they can only say "no".

kaffenback

Yes I suppose, just found the original PAC code letter which does state the whole 'use the code or contract not cancelled' thing- silly me but a very odd condition IMO, just designed to catch you out and generate more money? Meanwhile trying to find a free or at least cheap way to call EE....

EDIT can use our BT land line after 7pm to call 0845 number for free

Ian011

kaffenback wrote: »

Yes I suppose, just found the original PAC code letter which does state the whole 'use the code or contract not cancelled' thing- silly me but a very odd condition IMO, just designed to catch you out and generate more money?

You either
- cancel the contract and lose the number, or
- get a PAC and transfer the number, the transfer out cancels the contract.

Failure to use a PAC means you stay with the original network and the contract continues. It was ever thus.

kaffenback wrote: »

Meanwhile trying to find a free or at least cheap way to call EE...

EDIT can use our BT land line after 7pm to call 0845 number for free.

The Consumer Contracts Regulations 2013 came into force on 13 June 2014. Regulation 41 requires retailers, traders and passenger transport companies to use 01, 02, 03 or 080 numbers for their post-sales helplines.

Where an organisation fails to comply, Regulation 41(2) gives you the right to a refund of your call costs over and above whatever the equivalent call to an 01, 02 or 03 number would have cost. Make sure you claim this refund.

Non-compliant organisations can also be reported to Trading Standards via the Citizen's Advice national Consumer Helpline on 0345 404 0506.

NiftyDigits

kaffenback wrote: »

yes i suppose, just found the original pac code letter which does state the whole 'use the code or contract not cancelled' thing- silly me but a very odd condition imo, just designed to catch you out and generate more money? Meanwhile trying to find a free or at least cheap way to call ee....

Edit can use our bt land line after 7pm to call 0845 number for free

01707 315000