EE cancellation fee - I did not renew contract

powow

Ok so I hope this explanation is going to be a clear one:

I have been with EE Broadband for several years now, in May 2015 I rang to ask why I was getting such lousy speed (1MBPS) the advisor said it shouldn't be and he would up it to 2 MB :rotfl:

Either way, it didn't happen and the 1 - 1.3 speed remained. So I've signed up to Sky Fibre optic at 38-40 MBPS.

EE have rung me to say I entered into a new 12 month contract by upping the speed that never was, I said no i didn't, and argued my case telling them it's illegal to use a better (not different) service as an excuse to con me into contract, as I'd heard Martin say this on This Morning.
The advisor assured me I did enter into a new contract and gave me two different emails they had for me that the contract was sent to, one email hasn't been used for about 10 years and the other I wouldn't have given them as it was hacked into leaving me unable to access it for a good 5 or 6 years.
He spoke to his manager and came back to me stating I had entered a verbal contract (I didnt, I just agreed they could make my speed faster, which they didnt do)

I went on to ask them to send my signed contract and insisted they listened to the recorded telephone call (they state all calls are recorded) and told them to take it to court. He said he'd check all of that out and would get back to me, he seemed a bit stuttery when i unleashed my wrath on him.

I've signed nothing agreeing a new contract and understand this is a slippery scam most providers are using to pull us into the contract that never was, am I right in my thinking?

wongataa

You don't need to sign anything to enter a contract. You can still complain that EE did not inform you that your discussion with them would result in a new contract.

macman

As above. A verbal contract has exactly the same legal status as a written one, so forget about 'no signed contract'. Your case must be based on proving that they did not advise you that you were entering a new contract.
BTW, if they did send confirmation to an old email address that you were no longer using, but you still had registered on your account with them, that would count as having informed you, since it's your job to provide up to date contact details.

diamonds

EE been pulling this since Orange Broadband, staff will change you from ADSL to ADSL Max and ADSL 2+ for slow speeds (and with no improvement at times due to exchange distance), from the outset on the call EE have to tell you its re-contracting you to a higher speed product or its mis-selling by Ofcom but fraud in the real world.


They could email everyone in the world your upgrade but you need to be aware of the contract changes before agreeing to a product based speed upgrade from them on the phone.



EE india are as diabolical as what 3 india were, 3 has improved, Orange Broadband too, they rebranded as EE.

powow

Thanks so much for your replies.

Ok, so to answer in short:

They asked my email address and I gave it to them, it was neither of the two they said.

They did not state I was entering a new contract, just that they were happy to help me.

I told the advisor to go back and listen to the recorded conversation as there was no agreement to a further contract, just a speed change that never happened.

I have received a letter from EE today stating if I don't pay them £50.08 they will send it to the debt collector

Good luck to them with that, have never paid a debt collector in my life, where's there's a law there's a loophole, but I need that loophole.

If anyone has anything else for me please please et me know, am about to fire off an email to them now stating they are wrong and ask if they listened to the recording as they said they would.

powow

Bit of an update ... EE rang me today, they have no log of the call I made last week, and because no one listened to the recorded call I made in May, they now can't access it as they only keep them for 6 months (worth knowing) so wanted the name and date of who i spoke to last week, I told them to listen to that recording, but apparently they cant do that either!
The girl i spoke to in billings lied and lied about dates, recordings and changed the exit fee price. (I strongly believe they dont record after today's shennagans!)
So, I said I'd ring customer services back, as according to her she cant ring them, and I'd call her back.
Customer services have put it on to their manager due to the fact no one listened to the recording, no one has read my email and no one is logging the telephone conversations.

I will win this, I work in law, they weren't expecting that.

tomthered

If this is a verbal contract they will need a record of that so called contract, otherwise it is none existent. As you work in law you will know the onus is on them to prove you renewed that contract, you cannot simply say you phoned us therefore it exists - proof is needed, end of story. Unfair Contracts and Terms Act springs to mind!!