by rileylon Investigator
Investigator

Mis sold a new phone plan and tablet - Breach of contract?

My partner has recently entered into the EE store in Harrow in the St. Annes shopping centre to seek an upgrade. She had a 10gb data monthly plan with unlimited minutes on a 6s, she wanted to change to a 7plus. 

 

The assistant in the store who dealt with her tried to pull the wool over the eyes of somewone not tech savvy it seems and played on her situation. She is 5 months pregnant and she was offered a "FREE" tablet and a upgrade on the plan she already had... all for the low cost of £68 per month. He lowered this to £63 and threw in a free case also. 

 

On returning home, i realised this price for the plan was very high. On closer inspection he had offered her a £48 plan with 10gb data (the exact same as her old plan, not the upsell that was spoken of).

 

On page two of the contract, the "FREE" tablet also had a monthly plan taking the total to £63. 

 

This feels like a severe breach of contract. people are not being informed of things like this is a wifi only tablet or a 4g tablet unless they ask. My partner went back to the store today to say that she no longer wanted either product due to negligence and lack of transparency when selling products. She was confronted by the assistant who denies ever saying that it was free and that he cannot do anything to help and that his manager was not there and to come back tomorrow. He also said that the maanger would say the same, even after my partner being informed on a call that if this was purchased online there wouldnt have been this issue and this is the assistants call to make. 

 

After seeing a few similar instances on this community board of mis-seling or upselling "FREE" tablets, I have spoken with the citizens advice bureau. As well as my conversation with them being forward to Trading standards, they have advised me and anyone else that has suffered this,  to let trading standards know also, so they can see if this pattern is common or isolated to a few instances.

 

They also directed me to a complaints template on the CAB site that allows consumers to send a letter, first to customer service for EE, but highlight that you want it raised and sent on to the Communications ombudsman of which EE are a part of. 

 

 

I really hope this can be sorted as this customer service is something that should never be happening to anybody wanting to speak to professionals to give honest adivce and the best suited plan for the consumer, not what feels like hitting targets. 

33 REPLIES 33
by Grand Master
Grand Master

Re: Mis sold a new phone plan and tablet - Breach of contract?

No, she agreed the contract, but it was misrepresentation under the Misrepresentation Act 1967 beforehand that fooled her into accepting the contract. You could report it to Trading Standards or make a claim against EE with the eventual threat of Court. However it could be argued that she should have read thro' the full contract before signing as you did when she got home.

 

@Christopher_G: Why do they keep doing this? We have so many of these reports where the cust is not told that "free" tablet comes with a chargeable airtime plan.                  

__________________________________________________________________________________________
If you think I helped please feel free to hit the "Thumbs Up" button below.

To phone EE: The local rate landline number +44 207 362 0200 or Freephone +44 800 079 8586 - Option 1 for Mobiles; Option 2 for 4G WiFi; Option 3 for Home Broadband & EE TV.

ISPs: 1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC => 2014: EE 20 Meg WBC
by rileylon Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Thanks for the advice. I can quite easily beleive this is commonplace. As i mentioned, the Citizens advice Bureau mentioned to me that more people should be contacting trading standards with this, so they can look to do something about it. 

 

 

by Grand Master
Grand Master

Re: Mis sold a new phone plan and tablet - Breach of contract?

Thanks! You're welcome :)! Glad I could be of assistance.

__________________________________________________________________________________________
If you think I helped please feel free to hit the "Thumbs Up" button below.

To phone EE: The local rate landline number +44 207 362 0200 or Freephone +44 800 079 8586 - Option 1 for Mobiles; Option 2 for 4G WiFi; Option 3 for Home Broadband & EE TV.

ISPs: 1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC => 2014: EE 20 Meg WBC
by
EE Community Support Team

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi @rileylon

 

Welcome to the community. 

 

I'm sorry to hear that your partner is not happy with the way the contract was sold.

 

I've sent you a private message asking for some more information.

 

Please have a look and get back to me.

 

@XRaySpeX - Whenever we see any claims like this, we'll do our best to get them investigated.

 

Chris

by Grand Master
Grand Master

Re: Mis sold a new phone plan and tablet - Breach of contract?

@Christopher_G: Good to hear. 

__________________________________________________________________________________________
If you think I helped please feel free to hit the "Thumbs Up" button below.

To phone EE: The local rate landline number +44 207 362 0200 or Freephone +44 800 079 8586 - Option 1 for Mobiles; Option 2 for 4G WiFi; Option 3 for Home Broadband & EE TV.

ISPs: 1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC => 2014: EE 20 Meg WBC
by rileylon Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

@Christopher_G ive sent you a private message with my number as my partner is not contactable through the day, but i would be happy to discuss.

by
EE Community Support Team

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi @rileylon

 

Thanks for confirming the message you have sent. 🙂

 

You should be able to see a reply now. 

 

Thanks, 

 

Katie

by rileylon Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Just wanted to say that the situation is now sorted and the manager of the store was excellent! She was very helpful and understood our situation. She reverted everything back to the existing contract and took back the tablet and phone. 

 

A good resolution to a stressful situation. Thank you for all your help! 

by Grand Master
Grand Master

Re: Mis sold a new phone plan and tablet - Breach of contract?

Thanks! You're welcome :)! Glad I could be of assistance & it is now sorted.

__________________________________________________________________________________________
If you think I helped please feel free to hit the "Thumbs Up" button below.

To phone EE: The local rate landline number +44 207 362 0200 or Freephone +44 800 079 8586 - Option 1 for Mobiles; Option 2 for 4G WiFi; Option 3 for Home Broadband & EE TV.

ISPs: 1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC => 2014: EE 20 Meg WBC
by Mila1991 Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi rileylon! This happened to my this sunday 03/03/2019! I’m so frustrated and I feel so stupid , that i’ve got conned this way!Besides the “free tablet i’ve got my self a “free” 4gee mini , which appears to be £11.00 for 24 months and and the tablet will be £13.00 , i’ve seen quite a few people complaining regarding such a con , which apparently is for those “sales representatives” to get their commission! I will go on every social media I know , I am in touch with ofcom at the moment and I will take your advise to get in touch with the Trading Standards! I can’t believe this level of “customer service”. I’ve done a bit more of research, at it seems this comes from the EE in store management positions , as people previously worked for the company, mentioned they’ve been pressured to mis sell and lie regarding that.

by
EE Community Support Team

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi @Mila1991,

 

Welcome to the EE Community.

 

Does your bill show any discounts that could be covering the cost of your tablet and mobile WiFi?

 

Thanks

 

James

Highlighted
by Mila1991 Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi , James no discounts shown . As i’ve just spoke with the customer service over the phone , they told me they are not able to do anything regarding the tablet. I will try to get in touch with other people , who are victims of such an EE fraud , as appears this is something happening on a daily basis all over the country.

by
EE Community Support Team

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi @Mila1991,

 

Thanks for your private message.

 

The store will be happy to check what's gone wrong. Please keep us updated.

 

James

by Profile closed
Not applicable

Re: Mis sold a new phone plan and tablet - Breach of contract?


@Mila1991 wrote:

Hi , James no discounts shown . As i’ve just spoke with the customer service over the phone , they told me they are not able to do anything regarding the tablet. I will try to get in touch with other people , who are victims of such an EE fraud , as appears this is something happening on a daily basis all over the country.


Hi, @Mila1991 and @rileylon, i suggest that any such scummy misrepresentative sales activity as this comes from unprincipled and unscrupulous sales people - be they shop sales managers or pure sales people. It won't be happening in all shops. It won't be sanctioned by EE. It will be the particular people on the floor willing to use such tactics. Such underhand activity may come from the sales managers or from below. It's a big shame because if they explained the deals honestly but better they might still get the sells. 

by Mila1991 Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi @Profile closed , thanks for the reply ! 

I went to the EE store , today , came back an hour ago , i’ve returned my tablet and the 4gee device , I was told my the assistant manager, that this will be sorted out for me and they apologised. I’ve decided to check with the customer service over the phone , they said they are not able to see any changes , so this is getting more ridiculous for me , as the assistant manager gave me his phone number and not answering now. He said he is not able to give me proof of the return. I’ve seen two cameras there , I hope they’re recording , because if I don’t get this sort it out I will definitely get in touch with a solicitor. I really don’t care if I will loose more money , than what I will be paying for this tablet. I still can’t believe that ...

by Mila1991 Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi James , please see my reply below regarding the situation. Can you advise if it will take a certain time for this to show in the system , as I can’t get in touch directly with the store , because they are not answering my calls.

by Grand Master
Grand Master

Re: Mis sold a new phone plan and tablet - Breach of contract?

A free tablet or 4GEE WiFi device just means no upfront cost.  All of what EE sell is contract or payg. you don’t get a free device and that’s it nothing else to pay.  It would be in the contract that you agreed too.  Not declaring you’re agreeing to a contract is what’s being miss sold but that again is in the contract that’s agreed upon. 

by Mila1991 Investigator
Investigator

Re: Mis sold a new phone plan and tablet - Breach of contract?

Hi @Chris_B, thanks for the reply !  i agreee with what you have said ! However what I was sold , was a misrepresentation of the contract and a lie , confirming by the sales person ,  I will be paying only my monthly fee(for the phone) . I’ve returned the table and cancelled the 4gee device , as the return of the tablet is not showing in their system yet . I still can’t believe the methods these people use(pure lies) , to make you buy ! I feel like in a third world country...

by Profile closed
Not applicable

Re: Mis sold a new phone plan and tablet - Breach of contract?


@Mila1991 wrote:

Hi @Profile closed , thanks for the reply ! 

I went to the EE store , today , came back an hour ago , i’ve returned my tablet and the 4gee device , I was told my the assistant manager, that this will be sorted out for me and they apologised. I’ve decided to check with the customer service over the phone , they said they are not able to see any changes , so this is getting more ridiculous for me , as the assistant manager gave me his phone number and not answering now. He said he is not able to give me proof of the return. I’ve seen two cameras there , I hope they’re recording , because if I don’t get this sort it out I will definitely get in touch with a solicitor. I really don’t care if I will loose more money , than what I will be paying for this tablet. I still can’t believe that ...


Hi, @Mila1991, whoa, yes it indeed sounds like a whole lot of stress and angst for you. Maybe the branch assistant manager is as inefficient as his sales person was cunning... Maybe / hopefully it's just that the assistant manager didn't prioritise your case as high as he / she / they should have done or it's not shown up on the system yet... 

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