Appalling Customer Service from EE

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I have been an EE customer for a long time. Three years ago, my IPhone packed up and so I was phoneless for a brief period. To cover the time I was waiting for a replacement phone, I went into an EE branch in Cardiff to buy a PAYG but was advised by a salesman, and to instead take out a monthly rolling contract as it worked out cheaper and terminate the contract when my new phone arrived. When the the phone arrived, I called up EE to terminate the contract.

Fast forward 3 years, and I've switched the phone on for the first time in the hope of restarting the contract to use it for a few days at a music festival. To my surprise the phone still worked.

Having called up EE, to my horror I've discovered EE did not cancel my contract at the time and I have continued to pay £10 a month for the past three years! I appreciate, that I should have spotted this money leaving my account. But as I already have an account with EE and regularly pay for additional data, I had assumed these transactions were part of my main contract.

EE are refusing to give me any refund on £400+ they have taken from me, despite the fact they have data showing I did not use the phone at all in this period. They have a record of me requesting termination of the contract but that I was told to call back in 30 days. I have no recollection of being told this 3 years ago and now feel utterly furious at the organisation. There is nothing (other than my bank account transactions, and from logging in with the number into my EE) that has given me evidence to the existence of this account. Of the back of this, I'm pretty certain that both the phone records kept by the company were incorrect and that I was incorrectly advised in store at Cardiff.

I feel helpless, annoyed and humiliated by the situation. Does anyone have any suggestion how I can take this forward? Is it worth me taking this to a small claims court?

Comments

  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
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    Without proof, no. It also beggars belief that you failed to notice you were paying them for three YEARS.

    You could make a formal complaint and after 8 weeks (or before with a letter of deadlock) go to CISAS, but quite honestly whatever they did or didn't do it's plain you were careless (to put it mildly).
  • pmduk
    pmduk Posts: 10,655 Forumite
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    edited 11 June 2017 at 6:47PM
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    EE have contemporaneous records of the conversation, you're relying on a memory. In fairness which sounds more reliable to you? The payments have been shown on your bank statement and you have failed to take action for three years. Any charges for data would have come out on your monthly payment.


    If you have exhausted EE's complaints procedure, you could try CISAS but from what I've heard they take a strict line when it comes to contractual matters.


    On what grounds would you take EE to court? They've charged you in accordance with your contract.


    I agree you were wrongly advised instore. The iphone replacement should not have taken so long as to justify a SIMO contract, however it may be too late to start complaining about misselling
  • [Deleted User]
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    Why didn't you just take he sim out of the I-Phone, and put it in a cheap, basic phone :huh:

    That way, you would've kept your number, and only paid the same monthly fee, as per your I-Phone contract.
  • mije1983
    mije1983 Posts: 3,665 Forumite
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    pmduk wrote: »
    I agree you were wrongly advised instore. The iphone replacement should not have taken so long as to justify a SIMO contract, however it may be too late to start complaining about misselling

    With the info given by the OP, it's impossible to know if this is the case. Even if the replacement only took a couple of days, it may well have been cheaper to take out a £10 SIMO rather than go on PAYG depending on usage and included allowances. EE are not generous with their PAYG rates.
  • PHK
    PHK Posts: 1,285 Forumite
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    mije1983 wrote: »
    With the info given by the OP, it's impossible to know if this is the case. Even if the replacement only took a couple of days, it may well have been cheaper to take out a £10 SIMO rather than go on PAYG depending on usage and included allowances. EE are not generous with their PAYG rates.

    It's was a phone the OP needed and so SIM only would be no use. It would have been better to have picked up a new SIM in store and use the existing allowance with a spare handset or cheap PAYG phone (or cheap SIM free).
  • Bingoman3
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    Thanks everyone. This is all very useful. I'll exhaust EE and then try CISAS as a last resort. Completely aware I've been a total idiot in missing this for three years. Lesson learned!
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