by raj_jagdev Investigator
Investigator

08 mins bundle price - £3 for 300 mins

I've started a new thread because the one I replied to is stamped as "solved" whereas clearly this issue is far from resolved!!

 

So I am still getting text messages from EE offering me 300 minutes of 08 calls for £3 a month.  I am told to text "08MINS" to 150 to get this.  When I do, I get a text message telling me that the bundle couldn't be added but to call 150 to have someone add it for me.  When I call 150 I am told that it can't be added.  I am told that the bundle price is £6 for 200 minutes, and I am then offered 300 minutes for £6 (so, from the agent's persepective, giving me an extra 100 minutes, but from my perspective, charging me double what I have been offered by text).  I am also asked to send in screenshots of my text messsages to verify that they have come from EE (which is insulting - the insuation being that I have fabricated them).  What is going on??

 

FYI - here is a potted contractual analysis for those who are interested.  The text offering me 300 minutes of 08 calls for £3 a month is an offer, and by following the instructions to subscribe by texting "08MINS" to 150 I accepted that offer.  The response message acknowledging that it couldn't be added automatically but that it would be added for me acknowledges receipt of my acceptance of the offer and an intention to subscribe me to the accepted rate.  

 

Over to you EE.  What is your position on this?

 

PS:  If you really think that customers are/might be fabricating text messages, do you really think they would stop at £3 for 300 minutes ?!

5 REPLIES 5
by raj_jagdev Investigator
Investigator

Re: 087 & 084 Add-On -Different Prices

So I am still getting text messages from EE offering me 300 minutes of 08 calls for £3 a month.  I am told to text "08MINS" to 150 to get this.  When I do, I get a text message telling me that the bundle couldn't be added but to call 150 to have someone add it for me.  When I call 150 I am told that it can't be added.  What is going on??

 

FYI - here is a potted contractual analysis for those who are interested.  The text offering me 300 minutes of 08 calls for £3 a month is an offer, and by following the instructions to subscribe by texting "08MINS" to 150 I accepted that offer.  The response message acknowledging that it couldn't be added automatically but that it would be added for me acknowledges receipt of my acceptance of the offer and an intention to subscribe me to the accepted rate.  

 

Over to you EE.  What is your position on this?

by Grand Master
Grand Master

Re: 08 mins bundle price - £3 for 300 mins

@raj_jagdev: Correction:

 

  1. The text you 1st received is an "Invitation to Treat", just like an ad in a newspaper or a price tag in a shop.
  2. The "08MINS" text you sent in reply is your Offer to take up the product you are being invited to buy.
  3. The text back from EE would be their Acceptance, or non-Acceptance in this case, of your Offer. 

So no contract has been made & therefore none breached.

 

The seller always has the last say as whether to Accept an Offer or not.

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by raj_jagdev Investigator
Investigator

Re: 08 mins bundle price - £3 for 300 mins

Hi @XRaySpeX,

 

Contracts aren't only between "buyers" and "sellers".  A contracting party that is selling something can "always have the last say" if the offer to sell is properly an invitation to treat.  Simply advertising something for sale at price x is an invitation to treat.  A unilateral contract is formed where that party advertises something and then includes instructions for acceptance.  That advertisement is then an offer which can be accepted by following the instructions set out in it.

 

You'd be right if they message from EE did not have a mechanism by which I could exercise acceptance of the offer.  Simply advertisting 300 minutes for £3 would be an invitation to treat, but including the "text 08MINS", I suggest, creates a unilateral contract, which I accepted by following the terms of acceptance in the message (by replying to text in the manner instructed).  

 

 

Consequently, in the circumstances, I must respectfully disagree with your analysis 🙂

 

PS:  Your point 3 is incorrect in any event.  The text message says to call 150 to have the add-on applied.  That doesn't read like a non-acceptance to me.  For convenience, here is the full message:

 

"Sorry we haven't been able to add the £3 a month 300 minute bundle to your EE plan.  Please call us on 150 and we'll apply it for you."

 

 

by
EE Community Support Team

Re: 08 mins bundle price - £3 for 300 mins

Good Morning @raj_jagdev

 

I have sent you a private message if you could take a look and get back to me. 🙂

 

Katie

 

by raj_jagdev Investigator
Investigator

Re: 08 mins bundle price - £3 for 300 mins

Thanks Katie - will do!

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