How to end mobile contract for failure to meet contractual standards?

grandanat

Hi, I have a bit of a nightmare situation with my current mobile provider, EE. Six months ago, I switched to EE by taking a new pay monthly deal with a phone. Unfortunately, in the area where I live, Greater London, they are unable to provide data services. Most of the time, the data network is simply not usable.

I've spent tens of hours discussing this problem with their support. The support has been quite good, and the problem has been thoroughly investigated by their L2 and L3 support engineers. They have concluded that there is a gap in the network coverage in my area. According to what I've been told, the devices struggle to connect to network masts and keep switching between them.

The bottom line is that I can't use my mobile data.

I've asked to end the contract without a penalty because they are not providing the services they should provide under the contract, but my request was denied. They claim they can see data usage, which is true, as I occasionally use data when I travel further from my house.

I've also asked them to provide me with the contractual parameters for the data network, and they did provide some generic documents that don't provide any useful information.

Legally, it seems these contracts are written in such a way that we are obligated to pay the monthly fee while they are "doing their best" to provide services. However, if they fail to do so, it is not considered a breach of the contract.

What options do I have? I can't tolerate this situation for another 18 months.

Shirker_Bee

If you have a home network, connect your phone to your Wi-Fi. Problem solved. 

tightauldgit

Has the service changed recently or have you moved? it seems a bit odd that you would raise an issue of poor coverage 6 months into a contract. Generally you would have had a 14 day cooling off period on the contract where you could have changed your mind, 6 months into the contract I think things are more restricted. 

You'd have to look at the terms and see exactly what you were promised but I absolutely agree that on the face of it if you can't access data at your home address then it should be a breach of contract. Whether it is or not legally though is a different question

I think the options you have would be either to keep plugging away at them in the hope they see sense. Or you look to see if there is an option to reduce your contract to something cheaper and write it off. 

If you want to push the matter then you could write to them and tell them that you consider the lack of data to be a breach of contract and you will no longer be making payments on the contract until data is reinstated, cancel your payment method and then see if they come after you for the debt. 

Or if you want a less risky approach, cancel the contract and pay the exit fee under protest and then raise a small claims action to recover it.

Looking at the advice offered online then you need to look and see if your contract offers a network guarantee - if it does you're on stronger ground, if not then I think it's a shakier position. 

Other ways to exit the contract? - if they raise the prices you may well have the option to terminate, or you might be able to get another provider to buy you out.

Jumblebumble

tightauldgit said:

Has the service changed recently or have you moved? it seems a bit odd that you would raise an issue of poor coverage 6 months into a contract. Generally you would have had a 14 day cooling off period on the contract where you could have changed your mind, 6 months into the contract I think things are more restricted. 

You'd have to look at the terms and see exactly what you were promised but I absolutely agree that on the face of it if you can't access data at your home address then it should be a breach of contract. Whether it is or not legally though is a different question

I think the options you have would be either to keep plugging away at them in the hope they see sense. Or you look to see if there is an option to reduce your contract to something cheaper and write it off. 

If you want to push the matter then you could write to them and tell them that you consider the lack of data to be a breach of contract and you will no longer be making payments on the contract until data is reinstated, cancel your payment method and then see if they come after you for the debt. 

Or if you want a less risky approach, cancel the contract and pay the exit fee under protest and then raise a small claims action to recover it.

Looking at the advice offered online then you need to look and see if your contract offers a network guarantee - if it does you're on stronger ground, if not then I think it's a shakier position. 

Other ways to exit the contract? - if they raise the prices you may well have the option to terminate, or you might be able to get another provider to buy you out.

The problem with stopping paying is that EE will simple trash the OPs credit rating
The next person who is considering granting the OP credit is not going to be interested in the ins and outs of a potential breach of contract
Going to the small claims court is in my view a much better option

oldernonethewiser

tightauldgit said:

Has the service changed recently or have you moved? it seems a bit odd that you would raise an issue of poor coverage 6 months into a contract. Generally you would have had a 14 day cooling off period on the contract where you could have changed your mind, 6 months into the contract I think things are more restricted. 

You'd have to look at the terms and see exactly what you were promised but I absolutely agree that on the face of it if you can't access data at your home address then it should be a breach of contract. Whether it is or not legally though is a different question

I think the options you have would be either to keep plugging away at them in the hope they see sense. Or you look to see if there is an option to reduce your contract to something cheaper and write it off. 

If you want to push the matter then you could write to them and tell them that you consider the lack of data to be a breach of contract and you will no longer be making payments on the contract until data is reinstated, cancel your payment method and then see if they come after you for the debt. 

Or if you want a less risky approach, cancel the contract and pay the exit fee under protest and then raise a small claims action to recover it.

Looking at the advice offered online then you need to look and see if your contract offers a network guarantee - if it does you're on stronger ground, if not then I think it's a shakier position. 

Other ways to exit the contract? - if they raise the prices you may well have the option to terminate, or you might be able to get another provider to buy you out.

I would doubt that very much.  The companies do not provide coverage everywhere so unless the OP has, in writing, a guarantee that EE will work in their home then unfortunately they are unlikely to get any joy pursuing this.

tightauldgit

oldernonethewiser said:

tightauldgit said:

Has the service changed recently or have you moved? it seems a bit odd that you would raise an issue of poor coverage 6 months into a contract. Generally you would have had a 14 day cooling off period on the contract where you could have changed your mind, 6 months into the contract I think things are more restricted. 

You'd have to look at the terms and see exactly what you were promised but I absolutely agree that on the face of it if you can't access data at your home address then it should be a breach of contract. Whether it is or not legally though is a different question

I think the options you have would be either to keep plugging away at them in the hope they see sense. Or you look to see if there is an option to reduce your contract to something cheaper and write it off. 

If you want to push the matter then you could write to them and tell them that you consider the lack of data to be a breach of contract and you will no longer be making payments on the contract until data is reinstated, cancel your payment method and then see if they come after you for the debt. 

Or if you want a less risky approach, cancel the contract and pay the exit fee under protest and then raise a small claims action to recover it.

Looking at the advice offered online then you need to look and see if your contract offers a network guarantee - if it does you're on stronger ground, if not then I think it's a shakier position. 

Other ways to exit the contract? - if they raise the prices you may well have the option to terminate, or you might be able to get another provider to buy you out.

I would doubt that very much.  The companies do not provide coverage everywhere so unless the OP has, in writing, a guarantee that EE will work in their home then unfortunately they are unlikely to get any joy pursuing this.

Did you read the next sentence I wrote? 

As I said I believe that it SHOULD be a breach of contract, but whether it is or not is a different question. 

oldernonethewiser

tightauldgit said:

oldernonethewiser said:

tightauldgit said:

Has the service changed recently or have you moved? it seems a bit odd that you would raise an issue of poor coverage 6 months into a contract. Generally you would have had a 14 day cooling off period on the contract where you could have changed your mind, 6 months into the contract I think things are more restricted. 

You'd have to look at the terms and see exactly what you were promised but I absolutely agree that on the face of it if you can't access data at your home address then it should be a breach of contract. Whether it is or not legally though is a different question

I think the options you have would be either to keep plugging away at them in the hope they see sense. Or you look to see if there is an option to reduce your contract to something cheaper and write it off. 

If you want to push the matter then you could write to them and tell them that you consider the lack of data to be a breach of contract and you will no longer be making payments on the contract until data is reinstated, cancel your payment method and then see if they come after you for the debt. 

Or if you want a less risky approach, cancel the contract and pay the exit fee under protest and then raise a small claims action to recover it.

Looking at the advice offered online then you need to look and see if your contract offers a network guarantee - if it does you're on stronger ground, if not then I think it's a shakier position. 

Other ways to exit the contract? - if they raise the prices you may well have the option to terminate, or you might be able to get another provider to buy you out.

I would doubt that very much.  The companies do not provide coverage everywhere so unless the OP has, in writing, a guarantee that EE will work in their home then unfortunately they are unlikely to get any joy pursuing this.

Did you read the next sentence I wrote? 

As I said I believe that it SHOULD be a breach of contract, but whether it is or not is a different question. 

Why do you think it should be a breach of contract?

SiliconChip

Surely the time to check coverage offered by a new provider is before you switch, not after? That's why I switched to SMARTY, after I confirmed that the best 5G coverage at my home address was provided by the 3 network.

Jenni_D

Shirker_Bee said:

If you have a home network, connect your phone to your Wi-Fi. Problem solved. 

This ^^^^^

Who doesn't use the home WiFi on their phone (except to test the data connection)?

littleboo

As already mentioned, most people have mobile data to use when they are away from home. Is the issue that you need to use mobile data inside your property but can't? 

tightauldgit

oldernonethewiser said:

tightauldgit said:

oldernonethewiser said:

tightauldgit said:

Has the service changed recently or have you moved? it seems a bit odd that you would raise an issue of poor coverage 6 months into a contract. Generally you would have had a 14 day cooling off period on the contract where you could have changed your mind, 6 months into the contract I think things are more restricted. 

You'd have to look at the terms and see exactly what you were promised but I absolutely agree that on the face of it if you can't access data at your home address then it should be a breach of contract. Whether it is or not legally though is a different question

I think the options you have would be either to keep plugging away at them in the hope they see sense. Or you look to see if there is an option to reduce your contract to something cheaper and write it off. 

If you want to push the matter then you could write to them and tell them that you consider the lack of data to be a breach of contract and you will no longer be making payments on the contract until data is reinstated, cancel your payment method and then see if they come after you for the debt. 

Or if you want a less risky approach, cancel the contract and pay the exit fee under protest and then raise a small claims action to recover it.

Looking at the advice offered online then you need to look and see if your contract offers a network guarantee - if it does you're on stronger ground, if not then I think it's a shakier position. 

Other ways to exit the contract? - if they raise the prices you may well have the option to terminate, or you might be able to get another provider to buy you out.

I would doubt that very much.  The companies do not provide coverage everywhere so unless the OP has, in writing, a guarantee that EE will work in their home then unfortunately they are unlikely to get any joy pursuing this.

Did you read the next sentence I wrote? 

As I said I believe that it SHOULD be a breach of contract, but whether it is or not is a different question. 

Why do you think it should be a breach of contract?

Because if you contract to provide a service (data for your phone) and you are unable to provide that service (your network is incapable of providing date for the phone) then I believe it should be considered a breach of contract. 

If a painter came round to paint my room but didn't do the ceiling because he didn't own a ladder I would say that should be a breach of contract. And saying 'well i didn't guarantee I could reach the ceiling' shouldn't really change that. 

I appreciate the law may say differently but if so then the law is flawed on this point in my opinion. 

I think there's a lot of things in the mobile/telephone/broadband space that are just downright dodgy practice and this would seem to be one of them.