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Still in Contract, EE have change my 5G UL Max Plan to 4G Capped 100mbs Speeds.

EssexBoyEE
Ace Contributor
Ace Contributor

Not a happy bunny today (understatement of the New Year), my main Unlimited 5G Data Sim Contract plan with Full Max Speed (Still in Contract) has gone from being 5G with around 400mbs DL to now a 4G Only Plan with DL Speeds being around 50 to 80Mbs on 4G Only (sometimes Max's out at around 100mbs if I'm lucky).

My other 2 Sim Plans on my Account (also 5G but not UL Data) still continue to work at the Full 5G Speeds (400mbs+ on a 5G Signal) in the same Location.

On the Phone today with CS who say EE have the right to change my T&Cs and Contract Plan and variations of the Sim Only Plan without Notice after a 12 Month Period, (my 5G UL Data Plan is Contracted for 24 Months) but my 5G Plan is still within Contract and has a few months before expiry, is this correct?, My views are its not, as my Contracted T&Cs should still be in force until my Contract has ended. 

9 REPLIES 9
James_B
EE Community Support Team

Hi @EssexBoyEE,

Hope you are well.

We would never make any changes to your plan without contacting you first.

Has the description of your plan changed in My EE, or have you just noticed a change in speed?

James

I noticed a reduction in Speeds and lack of 5G a few Days ago which now seems to be permanent on this Plan, other 2 Sim Plans are still fine (both still 5G at around 350mbs + but in my area if it does fall back to 4G, 4G speeds are around 150 to 250mbs). 

I checked my UL Plan Details yesterday (Started on 25 Feb 2021) and the Plan used to be something like (from memory) -

5G SIM UL £28 24m
UL Mins and Texts
UL Data
1 Smart Benefit
Free EU Roaming
Best Speeds - No Max Mbps 

and has now changed to this -

All Rounder Sim Unlimited £36 24m
UL Mins and Texts
UL Data
1 Smart Benefit
£2 per Day for EU Roaming
Best Speeds - No Max Mbps

Both the above Plans have a Start Date of 25 Feb 2021 and the New Plan clearly shows a Charge for EU Roaming, and an increase from £28 to £36 although additional Discount has been applied to cover the Plan Cost increase.

I have tried the UL Plan Sim in different Towns and locations near me today and its still showing as a 4G (no 5G Connection) and is Speed Capped well below and up to 100mbs max ( one of the others 5G Sims I took with me is fine for both 4/5G Connection and Speeds above 100mbs

Katie_B
EE Community Support Team

Hi @EssexBoyEE

Thanks for getting back to us and providing further information. 

I have sent you a private message, when you have a moment please take a look. 

Katie

EssexBoyEE
Ace Contributor
Ace Contributor

So, the outcome here after a very long Telephone Conversation with EE's Tech Support and a lot of Music on Hold whist Tech Team do some cross referencing with CS Billing is that I am correct in All of the reported issues in my original Post.

Tech Team have confirmed that It seems that EE have forced my 5G UL Plan from a 5G Connection and only allowing a 4G Connection to that particular Plan, and in addition,  have Speed Capped the Plan to well below the usual 4G Speeds with a maximum cap of around 100mbs max. TS also confirmed that my Plan was changed a few months back by EE without any confirmation of a Plan Change from myself, this apparently was due to a Smart Benefit issue (Prime Video) but more on that at some point.

Apparently the reason for the loss of 5G and the 4G Speed Capping is because of a Breach in EE's Data Fair Use Policy (FUP) although Tech Support did confirm that my last few Months of Data Use was only around 100Gb or so each Month, so still unsure where the Breach is, there was some discussion around using Netflix as a Smart Benefit usage on the Plan (now my replacement Benefit to disconnected Prime Video), but I was informed that a Smart Stream Benefit like Netflix / BT Sport etc does not eat into your Data Plan as it has its own UL Video Data use allowance whilst its being used as a Benefit (even though the Overall Plan is Unlimited). Another factor could be excessive Data Gifting from the UL Data Plan but again Tech informed me that this should not effect or be taken from the FUP amount, but not so sure on that one if honest.

All I do know is that all of the above issues have only recently started occurring since EE Changed my Plan from 5G UL + Smart Benefit to now a 5G Allrounder Plan a few months back, and although I do regard myself as Low to Average Data User I'm fairly sure I would have hit the FUP at some point here and there in the past (especially during Lock Down) and have never had any issues at all during the pervious periods in the past prior to the unknown Plan Change.

@EssexBoyEE  Im sure EE have to inform you of any breach of T&Cs and if they are going to change your tariff they can not just do it without first informing you.   I’m pretty sure it’s in the T&Cs that any time they do change a contact that you agreed to that they will inform you first.   I’m just trying to find this information.   If I’m right EE have breached their own T&Cs by not informing you of the tariff change.  


@EssexBoyEE  I’m just looking through THIS   

Thanks Chris I'm out and about at the moment so I'll have to look at them terms and conditions and absorb the info a bit later.

According to the tech support call apparently EE did inform Me by Text of a change of price to the plan but they would add additional discount to cover this, this was after the Call at the time and there was never any mention of other changes.

Tech also said they sent a Notification of the FUP Breach on the Day, how would this have been sent, as I never received any Notification via Text, email or through My EE or the App.

Chris.

 

 

 

@EssexBoyEE  You should have got a text or email.   Check your spam folder. 

EssexBoyEE
Ace Contributor
Ace Contributor

Text or email regarding the FUP Breach no, nothing, 

@Chris_B - @EssexBoyEE  I’m just looking through THIS   

Chris, had a look through the T&Cs couldnt see anything that relates to the FUP, if thats where you were trying to stear me to? .

I have found this though - 

https://ee.co.uk/help/help-new/offers-and-services/other/unlimited-plans?awc=31423_1673274892_cc8675...

Which states -

HOW DO UNLIMITED PLANS WORK?

If you’re getting unlimited data, get it on the UK’s No.1 network. We give you the UK’s fastest 4G, and the coverage your unlimited data deserves, with no allowance limits and no speed caps. You can even gift data your data!

Are there any speed caps?

No, on EE, all of our unlimited plans are un-throttled so you can access the fastest speeds that are available in the area.

Is there a fair use policy?

All of our unlimited plans are uncapped so you can use as much data as you like, as long as it's for personal use. For more information on personal use, please see our terms and conditions.

Will we cap download speeds?

No, you enjoy the same speeds downloading as you can with all other usage.

Can I tether or use hotspots?

Yes, you can hotspot off your phone as long as it's for personal use only. For more information on personal use, please see our terms and conditions.

Can I gift data on an unlimited plan?

Yes, if you’re on a unlimited plan you can gift up to 100GB of data or 120GB if you’re on a 5G smart handset plan. This will be the first 100/120GB and any data usage will reduce your giftable allowance.
 
But then goes on to say, and states - 

The legal bit

Unlimited Plans: Uncapped and Unlimited data - If you're outside the UK you'll be subject to the data fair use policy cap (given in your roaming plan). Personal, non-commercial use only. If you regularly tether 12 or more devices, we will consider this non-personal use and have the right to move you to a more suitable plan. We will consider usage above 600GB/month to be non-personal use and have the right to apply traffic management controls to deprioritise your mobile traffic during busy periods or to move you to a business plan. If you are on a Smart Handset or Smart SIM plan you can choose from 3 Inclusive Extras (Apple Music, Apple Arcade, Apple TV+, Amazon Prime Video, BT Sport or the Roam Further Pass). 5G Handset customers can gift up to 120GB all other unlimited customers can gift up to 100GB. Data usage on an unlimited plan will decrement from giftable allowance. Any data boost allowance will be added to the giftable allowance.