T-Mobile/EE taken money for 5 years!

sonypc100

Hi

I have a relative in her 70's and something has just come to light.

5 years ago she was with T-mobile (now EE) for her mobile phone account but requested a PAC code from them and moved to Tesco mobile where she is still to this day.

However....

For the last 5 years EE have continued to take a monthly direct debit payment from her account, so she has been paying 2 x DD's a month for the same number.

Her service and account are with Tesco and the service with EE was terminated 5 years ago.

I know you think how can someone not notice for 5 years but shes elderly with complex needs and these things happen.

I wrote to EE on her behalf and thought the response would be "ooops, sorry, big mistake on our part, here is all the money back we should not have taken and maybe £50 extra as an apology"

Shockingly, they have wrote back saying "tuff" and go to the Ombudsman if you wish.

So, options please?

Can this be claimed back via the Direct Debit guarantee?

Should we use The Ombudsman service?

Should I add up all the unauthorised payments and just go ahead with an online courts money claim?

Thanks


Rich

[Deleted User]

sonypc100 wrote: »

Hi

I have a relative in her 70's and something has just come to light.

5 years ago she was with T-mobile (now EE) for her mobile phone account but requested a PAC code from them and moved to Tesco mobile where she is still to this day.

However....

For the last 5 years EE have continued to take a monthly direct debit payment from her account, so she has been paying 2 x DD's a month for the same number.

Her service and account are with Tesco and the service with EE was terminated 5 years ago.

I know you think how can someone not notice for 5 years but shes elderly with complex needs and these things happen.

I wrote to EE on her behalf and thought the response would be "ooops, sorry, big mistake on our part, here is all the money back we should not have taken and maybe £50 extra as an apology"

Shockingly, they have wrote back saying "tuff" and go to the Ombudsman if you wish.

So, options please?

Can this be claimed back via the Direct Debit guarantee?

Should we use The Ombudsman service?

Should I add up all the unauthorised payments and just go ahead with an online courts money claim?

Thanks


Rich

Shockingly, they have wrote back saying "tuff" and go to the Ombudsman if you wish.

That's not actually what they said though is it? What was their reply?

eDicky

If your relative obtained her PAC from T-mobile and used it to port her number, this should have definitely terminated the service and no further direct debits should have been taken by T-mobile (after any amount still owed).

But you need to make sure that this is in fact the case.

If the PAC was not in fact used, and no notice to terminate the contract was otherwise given, the contract would continue to run and charges taken each month.

So if you can be positively sure that the PAC was used, by all means go ahead and present the case to the ombudsman.

sonypc100

Colin,

I will get the letter on Tuesday when I drive to her house and read it for myself but the jist of it is they are not willing to offer a refund and their only suggestion for remedy is via The Ombudsman Service.

sonypc100

eDicky wrote: »

If your relative obtained her PAC from T-mobile and used it to port her number, this should have definitely terminated the service and no further direct debits should have been taken by T-mobile (after any amount still owed).

But you need to make sure that this is in fact the case.

If the PAC was not in fact used, and no notice to terminate the contract was otherwise given, the contract would continue to run and charges taken each month.

So if you can be positively sure that the PAC was used, by all means go ahead and present the case to the ombudsman.

Yes, a PAC code was obtained from T-mobile (I did this, I also set her up on Tesco) and surely the number would not have been released to Tesco mobile without a PAC code been issued and then being used by the new provider to port the number across?

Once a number has had a successful port and is on a new network then surely it ceases to exist on the previous network?

Jon_01

What about the PAC?

The question simply is, is the number she's using now the same number that she was using on T Mobile?

If it is, then she use used the PAC and EE are wrong.

If it's a different number, then she didn't use the PAC and you have a problem.

Jon_01

sonypc100 wrote: »

Once a number has had a successful port and is on a new network then surely it ceases to exist on the previous network?

Correct. Ignore post above, we post at the same time...

sonypc100

Jon_01 wrote: »

What about the PAC?

The question simply is, is the number she's using now the same number that she was using on T Mobile?

If it is, then she use used the PAC and EE are wrong.

If it's a different number, then she didn't use the PAC and you have a problem.

Ok, I'll ignore but yes just as a point of clarity for anyone else reading and contributing... yes it is the exact same number that was on T-Mobile that is now currently in use on Tesco Mobile.

It was a successful port between the 2 networks.

Jon_01

sonypc100 wrote: »

Ok, I'll ignore but yes just as a point of clarity for anyone else reading and contributing... yes it is the exact same number that was on T-Mobile that is now currently in use on Tesco Mobile.

It was a successful port between the 2 networks.

Then I can't see how EE can claim to be in the right? Porting a number closes the acc, it always has??

sonypc100

Jon_01 wrote: »

Then I can't see how EE can claim to be in the right? Posting a number closes the acc, it always has??

That’s exactly why I was shocked at their response.

Whenever I have ported a number the previous providers DD has just automatically stopped, there’s never been a need to cancel it with my bank or chase the phone company to stop taking payments.

Probably why I never made a mental note to tell her to check that the DD has stopped once the port had happened.

Jon_01

sonypc100 wrote: »

That’s exactly why I was shocked at their response.

Whenever I have ported a number the previous providers DD has just automatically stopped, there’s never been a need to cancel it with my bank or chase the phone company to stop taking payments.

Probably why I never made a mental note to tell her to check that the DD has stopped once the port had happened.

You need a close read of their letter and then maybe a call to the EE Exec office.