EE out of contract but still taking Direct Debit

mrochester

FBaby said:

*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?

I think this would depend on the contract. 

If the contract specifically states a proportion of the payment is for service and another proportion is payment for a handset then I’d expect the handset portion of the payment to automatically stop after the minimum period. 

If the contract is a payment for service only, then I’d expect the full amount to continue being debited after the minimum period. 

FBaby

Thanks. Ultimately, the contract was for both. I don't dispute the service part, it's the cost towards the handset that is in dispute.

Ultimately, my question was not in relation to who is to blame, but a legal one in relation to having contractual dealings with a person who is not the contract holder. 

mrochester

FBaby said:

Thanks. Ultimately, the contract was for both. I don't dispute the service part, it's the cost towards the handset that is in dispute.

Ultimately, my question was not in relation to who is to blame, but a legal one in relation to having contractual dealings with a person who is not the contract holder. 

You will probably have been texted and emailed about the end of the minimum period.  If neither of these are you but you are the one paying the service, I suspect that is a liability you assume in this situation.    

When you input direct debits details to pay for a service you usually do so under the declaration that the account belongs to you or you are authorised to set up direct debits on this account.  

MOgilby

I have just realised I am paying nearly full price on my kids' mobiles despite their compulsory contracts finishing last August.  EE is ripping me off by still charging me virtually the full price, £28 per phone. A comparable SIM only deal is £10 per month. That amounts to over £350 overpayment in the last 10 months. Shocking way to treat customers. I've also just found out the reminder that their contracts were coming to an end, was sent to THEIR phones and being kids they of course didn't know the significance. I have complained to EE, but they don't seem to want to accept any responsibility. Of course, strictly speaking they havent done anything legally wrong, but other companies' contracts are not set up this way and EE know fine rightly this will catch people out. This is bad business practice and puts ALL responsibility on the customer to monitor the contract. Yes, I took  my eye off the ball and legally EE don't have to to take responsibility, but that doesn't stop EE from acting in bad faith. Making your cutomers 'fair game' is bad business.

elsien

They are not ripping you off and this is exactly the same way that pretty much all the phone operators work. Your contract ends and you roll over onto the default, you negotiate another deal or you move provider. 
If your children are not old enough / responsible enough to let you know they've had messages from the provider, then the onus is on you to check. 

JSmithy45AD

MOgilby said:

I have just realised I am paying nearly full price on my kids' mobiles despite their compulsory contracts finishing last August.  EE is ripping me off by still charging me virtually the full price, £28 per phone. A comparable SIM only deal is £10 per month. That amounts to over £350 overpayment in the last 10 months. Shocking way to treat customers. I've also just found out the reminder that their contracts were coming to an end, was sent to THEIR phones and being kids they of course didn't know the significance. I have complained to EE, but they don't seem to want to accept any responsibility. Of course, strictly speaking they havent done anything legally wrong, but other companies' contracts are not set up this way and EE know fine rightly this will catch people out. This is bad business practice and puts ALL responsibility on the customer to monitor the contract. Yes, I took  my eye off the ball and legally EE don't have to to take responsibility, but that doesn't stop EE from acting in bad faith. Making your cutomers 'fair game' is bad business.

"but they don't seem to want to accept any responsibility", seems to be a lot of that going around to be fair.

FBaby

This is not about the matter or taking responsibility, and should have known better, this is a question about legal entitlement.

Funnily enough, when I asked to talk about another account, my daughter's, I was told they couldn't do that because it wasn't my contract. Yet they can get into agreements with my son, despite him not being the account holder.

This is what it is about. It would be good if a solicitor, someone knowledgeable of the law could confirm whether LEGALLY, a company can provide contractual information without insuring they are communicating with the contract holder and dors doing so makes the agreement null. 

FBaby

Mogilby, I am not so convinced that what they are doing is indeed legal. 

I remember when I signed up to a loan and questioned the monthly charge and they told me that it was legal and sent me flying just like EE have. Well years later, they fit challenges in court and had to repay everyone. 

That could very much be similar so I am not giving up yet. Still trying to work out the actual legality of it.

PHK

This is not the place to obtain legal advice. 
Possibly Citizens Advice in your area may have a solicitor who will provide free advice..

My suspicion is that will give the same advice as in  this thread. 

km1500

https://www.which.co.uk/news/article/three-ee-and-vodafone-will-continue-to-overcharge-customers-for-mobile-contracts-heres-how-to-save-aB4uN7k9sA0l