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mobile contract

Hi all, any help with his would be greatly appreciated




On the morning of the 2/6/2016 my partners farther Tony was contacted by what he believed was EE offering him a free phone upgrade, (he is currently on an orange 2 year contract that was started on 5/6/2014 from a local mobile shop), he told them that he didn`t need a new phone and was happy with what he was getting now( he is paying £12.99 at the moment) after a 25 minutes the call ended, and then he had a further 10 minute call with a manager.


He rang me in the afternoon to tell me what had happened, he was not sure if indeed he had signed up for a new contract, so we rang EE to confirm if a contract had been taken out, they said that they had no record of a sales call to him and that there was no record of a new EE contract with them, but that a third party could have been the ones that made a call and any new contract from them may take up to a week to show on their system, and for us to call back.


As you may have guessed by now Tony is getting on a bit and gets confused by mobiles and the contracts that go with them (not that i`m any better) , he was adamant that it was EE that called him that morning so we didn’t bother to check back with EE in a weeks time.


On the 20/6/2016 Tony received a delivery slip from royalmail, it was for a special delivery guaranteed, requiring a signature, and a letter that he did not open but on the envelope he could see the name of the phone shop he got the original contract back in 2014, he contacted me and I told him not to pick up the package as most likely it was a phone.


This morning on the 22/6/2016 I called in on tony and we called the company that had sent him the phone, they where aliment that tony had agreed to take out a contract with them and they had recorded the conversation as proof, I asked if I they could e-mail a copy of the recording, they did agree but said that it would take 2 days as it was hard to do, it was then that I was informed that there was 2 recordings, 1st 25 mins long to a salesman adam 2nd 10 mins long to a manager.


I asked about cancelling the contract and returning the phone she told me that we would have to speak to the returns department and they would call us back in about 15 mins, so ended the call to their customer sales department.


About 35 mins later the phone rang and it was the salesman adam, he asked were we dissatisfied with the phone? i informed him it was still in the sorting office, I informed him that Tony did not want or need a new phone and was happy paying what he was (£12.99), and did not need another contract, he told me that £14.99 was the cheapest contract EE did, and that tony had to move to EE as orange had ended, I informed him that tony did not want the new contract/upgrade and we would be sending the phone back by refusing to sign for it at the sorting office, he told me we could do that and as soon as they revived the phone he would cancel the contract, HERES WHERE IT GETS STICKY, I asked him to send me an email stating what he had told me about returning the phone, he refused and told me he would not send the email until he had received the phone back, I insisted he send me the e-mail, he suggested his manager could send it to me and I should contact him and gave me his email address.


SO here’s my problem, can I trust them to cancel the contract once they receive the phone back?


SHOULD I wait for a reply from their manager before I send it back?


WHAT are the rules on all this? Adam kept saying that I had 14 days?


Sorry for the long post, I just don`t want to see Tony get shafted.

Comments

  • tomtontom
    tomtontom Posts: 7,929 Forumite
    We don't know if you can trust them, why not drop them an email and see what happens?

    14 days is the usual cancellation period for contracts made at a distance.

    He needs to confirm with EE that has existing tariff will continue. He may have been on a 24 month discount, or it may be an ongoing price. If it is not ongoing there are lots of good value sim only deals around.
  • ws.7
    ws.7 Posts: 25 Forumite
    Part of the Furniture 10 Posts
    pretty sure it wasn't him keeping the call going.

    as stated in the post no reply yet.
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