EE out of contract but still taking Direct Debit

flossylane1

My Apple Watch contract ended July 22 and since then I have received a call to see if I wanted to upgrade to the latest one, I said no, nothing was advised that I needed to end my contract - as the contract ended due to the full 12 months ending. 

EE have been taking £28 per month since then?? I’ve asked to be re- unbursed EE have said it’s not there policy ? Has anyone else had this ? Any advice help is appreciated TIA 

d123

Mobile contracts aren't fixed term, they are minimum term and continue on a 30 day basis afterwards, they don't just end. You need to proactively terminate the contract if you no longer require it.

elsien

As above, it doesn’t just up. You need to cancel it otherwise it just goes onto a rolling monthly contract which is what has happened in your case.  It’s tied to your phone so I’m presuming that similar terms and conditions apply.

https://ee.co.uk/help/help-new/managing-and-using-my-account/leaving-ee/what-happens-at-the-end-of-my-plan

 They should have let you know that the term was ending and what are your options were – did they do that? Either by text or email or on their online portal?

Neil_Jones

flossylane1 said:

My Apple Watch contract ended July 22 and since then I have received a call to see if I wanted to upgrade to the latest one, I said no, nothing was advised that I needed to end my contract - as the contract ended due to the full 12 months ending. 

EE have been taking £28 per month since then?? I’ve asked to be re- unbursed EE have said it’s not there policy ? Has anyone else had this ? Any advice help is appreciated TIA 

Reimburse for what exactly?  Are you still using the Apple Watch?

The "contract" of which you speak is just a minimum term you agree to.  If you don't want it for longer than that you phone them up and say you want off.  If you don't you want it.  So you keep paying for it.

Its took you six months to notice they've still been taking the money?

FBaby

So that's me too. Got a contract for my son which I thought was 36 months when it actually was 24 months. I have continued to pay for one year for a phone that was already paid for and a tariff that was not used for a year. They even added an add on with an extra 10MB that was never requested!

Ok I'm an idiot and my son an annoying teenager for not telling me about texts he received, if he did. I get that it was our fault for not using the tariff, but I'm struggling to understand how they can legally continue to charge for a phone that was fully paid for. 

Is it the same with cars, or anything else on credit? Surely it is stealing and they should have a legal responsibility for stopping taking money for something paid for?

Is the law really on their side?

On-the-coast

The law is not on their side.  The law protects the contract - unless the contract itself attempts to avoid consumer protections… the law should be a neutral umpire…

PHK

FBaby said:

So that's me too. Got a contract for my son which I thought was 36 months when it actually was 24 months. I have continued to pay for one year for a phone that was already paid for and a tariff that was not used for a year. They even added an add on with an extra 10MB that was never requested!

Ok I'm an idiot and my son an annoying teenager for not telling me about texts he received, if he did. I get that it was our fault for not using the tariff, but I'm struggling to understand how they can legally continue to charge for a phone that was fully paid for. 

Is it the same with cars, or anything else on credit? Surely it is stealing and they should have a legal responsibility for stopping taking money for something paid for?

Is the law really on their side?

Basically - yes. Most contracts that include a service are for a minimum term. (There would be more complaints if your service just ended)

It isn’t a credit agreement to buy a phone. It’s a service and the handset becomes yours (either straight away or after a period). 

Ofcom are happy as long as they notify when you’re coming to the end of the minimum term. 

Many providers also offer separate phone credit and service contracts (eg O2 refresh)

Most people nowadays buy their handset separately from the service anyway as it’s usually cheaper. 

FBaby

*It isn’t a credit agreement to buy a phone. It’s a service and the handset becomes yours (either straight away or after a period)*
But that's the bit I don't get. The fee is a service AND a credit arrangement for the handset. Surely after 2 years when the contract ends, it is expected that the handset would be fully paid by then. So how can they continue to charge for the service (fair enough) AND the handset (already paid for)?

Also, they claim they make contact and that makes it ok. Except in my case, they contacted the user of the handset, NOT the person with whom they have the agreement. They was no notice at all on the App. Just that the contract has ended, nothing about needing to contact them to actually end it.

Isn't there a legal argument that as the contract was with me, they should have made contact with me, not the user of the phone who doesn't have to be me?

simax

No. Absolutely not. How does the network know who’s using the phone? Their only obligation is to notify the active phone. Any ombudsman would deem that to be sufficient. The onus is actually on you to fully read and understand the contract. Something you clearly didn’t do.

FBaby

*No. Absolutely not. How does the network know who’s using the phone? Their only obligation is to notify the active phone*
Yet funny how they will only speak to me on the phone, not my son who holds the phone because hrs not the contract holder. Seems a bit convenient! 

They have a mean to speak to me when they know it's me the contract holder, via the app secured with a passcode. Why not use that mean to ensure I am informed?

If you get a car via a lease contract, but the person driving it is a cousin, surely any discussion about payment and contract extension is done via that person, not the ine driving the car, what's the difference?

Can my bank discuss my mortgage with my tenants because they are the one living in the house so it's that's the address they gave, it's ok to write there and not contact me at the address I've given them to contact me?

I don't think so!

simax

You still seem to be blaming others for your mistake though… the app and the bills would show it’s a 24 month plan. You would have been told at the start it was a 24 month contract when you took the contract out. You’ve no redress here I’m afraid.