EE Mis-sold contract/breach of contract?

Londoner1982

I took out a contract with EE for a Huawei Mate 20 Pro last October, the only reason I signed up to that contract was because there was an offer for two free gifts (a Watch and a Wireless Charger)


I still hadn't received them by December 2018/January 2019, EE weren't interested and after chasing and chasing and still not receiving them, I stopped paying in March.


I've now received a final bill and a default and myself and EE are in deadlock, I've received a deadlock letter from them.


I have just made a complaint with the Ombudsman Services and the Financial Ombudsman, even though I'm not sure they will go against EE.


Where do I stand? I have a bill of well over £1,000 which I won't pay as to me there has been a clear breach of contract and I was mis-sold the contract.


Opinions please, thank you.

d123

Londoner1982 wrote: »

I took out a contract with EE for a Huawei Mate 20 Pro last October, the only reason I signed up to that contract was because there was an offer for two free gifts (a Watch and a Wireless Charger)


I still hadn't received them by December 2018/January 2019, EE weren't interested and after chasing and chasing and still not receiving them, I stopped paying in March.


I've now received a final bill and a default and myself and EE are in deadlock, I've received a deadlock letter from them.


I have just made a complaint with the Ombudsman Services and the Financial Ombudsman, even though I'm not sure they will go against EE.


Where do I stand? I have a bill of well over £1,000 which I won't pay as to me there has been a clear breach of contract and I was mis-sold the contract.


Opinions please, thank you.

Who offered the free gifts?

The one I remember was a Huawei promotion and not from EE.

https://huaweipromo.co.uk/gb/en/pages/mate20propreorder/home

DCFC79

Oh boy so you've gone and cancelled the DD.


Are you sure the free gifts were from EE ?


Do you have any emails stating the free gifts were from EE eg Mate 20 plus 2 free gifts, not sure if the emails would detail this.

d123

DCFC79 wrote: »

Oh boy so you've gone and cancelled the DD.


Are you sure the free gifts were from EE ?


Do you have any emails stating the free gifts were from EE eg Mate 20 plus 2 free gifts, not sure if the emails would detail this.

Having a read of the Huawei page and I'm pretty sure it's the October Huawei promotion, which was nothing to do with EE.

Participants who pre-order and subsequently purchase a Qualifying Product from a Qualifying Retailer will be eligible to receive, free of charge, a gift bundle containing 1x Huawei Watch GT in black and 1x Huawei Wireless Charger in white (‘Gift Bundle’), subject to these Terms and Conditions (‘Promotion’).

Participants who pre-order a new HUAWEI Mate 20 Pro whether SIM free or with a monthly contract or on ‘pay as you go’ basis ('Qualifying Product') in-store, online or call centre sales, from a qualifying retailer in the table below (each a ’Qualifying Retailer’) by 23:59 25th October 2018 and subsequently purchase by 23:59 24th November 2018, will be eligible to claim a Gift Bundle, to be delivered directly to Participant at his/her address in the UK, Isle of Man, Jersey or Guernsey.

Participants must visit https://www.huaweipromo.co.uk/mate20propreorder on or between 26th October 2018 and 24th November 2018, complete and submit the claim form (including providing the IMEI of the Qualifying Product, Participant’s postal address in the UK, Isle of Man, Jersey or Guernsey where the Gift Bundle shall be delivered) and upload a copy of their proof of pre-order and proof of purchase (as applicable) of the Qualifying Product from a Qualifying Retailer. Claim form information and supporting documents for pre-order and purchase (as applicable) must be received on or before 23:59 GMT 8th December 2018 to be eligible to claim for a Gift Bundle free of charge. See FAQs at huaweipromo.co.uk/Mate20Propreorder for details of the form of supporting documents required as evidence of pre-orders and purchases for each of the Qualifying Retailers and, the information to be provided as part of the claim form process.

The Gift Bundle is subject to availability, while stocks last. Huawei reserves the right to replace the Gift Bundle with an alternative promotional offer of equal or higher value if circumstances beyond Huawei’s control make it necessary to do so.

https://huaweipromo.co.uk/gb/en/pages/mate20propreorder/terms

@Londoner1982 has screwed up badly, even if they successfully applied to Huawei for the free gifts (it wasn't automatic) Huawei clearly stated "while stocks last" so didn't guarantee supply of those items.

It was nothing to do with EE and cancelling the DD was just silly.

Hasbeen

Londoner1982 wrote: »

Where do I stand? I have a bill of well over £1,000 which I won't pay as to me there has been a clear breach of contract and I was mis-sold the contract.
Opinions please, thank you.

My opinion is that you were not mis sold and there was no breach of contract with EE. They were not the ones supplying free gifts.

Did you apply to Heuwei for the free gifts in the correct timescales?

By stopping the direct debit/payment you are the one in breach of contract.

I would suggest that you pay the amount you owe ASAP before things get any worse for you.

MEM62

Londoner1982 wrote: »

I took out a contract with EE for a Huawei Mate 20 Pro last October, the only reason I signed up to that contract was because there was an offer for two free gifts (a Watch and a Wireless Charger)

I still hadn't received them by December 2018/January 2019, EE weren't interested and after chasing and chasing and still not receiving them,
Did you follow the procedure for claiming them as outlined in the post below?

I stopped paying in March.
You'll come to regret that when the defaults are placed in your credit history.

I've now received a final bill and a default and myself and EE are in deadlock, I've received a deadlock letter from them.

I have just made a complaint with the Ombudsman Services and the Financial Ombudsman, even though I'm not sure they will go against EE.

They should not 'go against' or for anyone. They should come to a decision based on the facts.

Where do I stand? I have a bill of well over £1,000 which I won't pay as to me there has been a clear breach of contract and I was mis-sold the contract.

It is far from clear that there has been a breach of contract. You need to establish who your claim is against. Reading some of the posts on here it would appear that the offer was made by the phone manufacturer, not EE. In that case you have to pursue the manufacturer. You also need to be crystal clear on the terms and conditions of the offer to ensure that you have not fallen foul of them.

Opinions please, thank you.

If you do not clear the debt with EE it is likely that you credit history will show a default. Carefully consider the impact of this in the overall scheme of things. Basically, is it worth it? No point in, for example, not being able to get a mortgage because you cannot emotionally let go of this argument. Noses and faces and all that!

I am not suggesting that you do not continue to argue it, but be sure of your facts and who you should actually be pursuing.

And lastly you cannot be "miss-sold" a phone. Miss sold has a specific meaning in respect of certain financial products and is a phrase that is often incorrectly and over used.

stragglebod

OP, you need to start backtracking now to avoid fouling up your credit record and getting CCJs.

You've probably also lost the chance to claim the 'gifts'.

Huawei_website wrote:

Complete the online claim form between 26th October 2018 and 24th November 2018

Londoner1982 wrote: »

I still hadn't received them by December 2018/January 2019

mobilejunkie

It's almost certainly too late regarding the wrecked credit files - which will imact you very badly in all likelihood and in all sorts of ways for the next 6 years. Free gifts are rarely from the network in which case the t&c (and any dispute) is with the dealer or whoever made the offer and not the network. Wow; where do you stand? Deep in the brown stuff with no legs to actually stand on.

Breach of contract is based on the t&c you agreed to (and unless you have them printed out and the details of what you agreed to at the point of sale it would be hard to know that alone prove what you actually agreed to and with whom) AND they work both ways. In this case it looks like you're the one who breached them. If it were them you should take legal action them (whoever "they" actually are in this case); instead you've done exactly the wrong thing.

molerat

Look on the bright side, OP is unlikely to be "mis-sold" another phone contract for many years to come.

sully1311

Oh god... beggers belief that some people still don't know what happens when you cancel a DD when in contract!

elsien

You owe them £1000 :eek:k

What on earth did you sign up for that much - I thought it was only fruit based products that were silly money?