by Profile closed
Not applicable

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


@Chris_B wrote:

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. 


@Chris_B, if the sales person in a shop isn't making things clear, is glossings over certsin things purposely rapidly, or is actually missing things out then that is being done intentionally to sell a deal as better than it actually is in order to get commission. This doesn't happen during EE online sales, nor during EE sales by phone, so why does it happen to some people in stores? It's out of order. It's shark practice. Shark not sharp. 

by Grand Master
Grand Master

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

@Profile closed  I don’t like it as much as the next person but it’s in the contract that you have the right to read before you agree to it and many customers just see shiny new toy must have and don’t even read or care about what they are signing up to at that point, and that’s when you’ve just agreed to a contact that you didn’t read,    The contract could have within important information that you need to read as in this case as it was a contract for a set period of time to pay for the data usage,  and EE don’t give away free devices as they need sim cards to operate , ie a contract.  You wouldn’t get a free device if you was purchasing a PAYG device.  

 

Customers have to read the contract before agreeing to it first and it’s crazy that nearly all customers not just of EE but almost everything that involves a contract the customer just agrees to it without reading it first.

 

 Doing this would stop this sort of thing from happening.  

by Profile closed
Not applicable

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


@Chris_B wrote:

@Profile closed  I don’t like it as much as the next person but it’s in the contract that you have the right to read before you agree to it and many customers just see shiny new toy must have and don’t even read or care about what they are signing up to at that point, and that’s when you’ve just agreed to a contact that you didn’t read,    The contract could have within important information that you need to read as in this case as it was a contract for a set period of time to pay for the data usage,  and EE don’t give away free devices as they need sim cards to operate , ie a contract.  You wouldn’t get a free device if you was purchasing a PAYG device.  

 

Customers have to read the contract before agreeing to it first and it’s crazy that nearly all customers not just of EE but almost everything that involves a contract the customer just agrees to it without reading it first.

 

 Doing this would stop this sort of thing from happening.  


@Chris_B, yes, I agree with what you say. But I think that an in store sale should necessitate as clear a breakdown of immediate and future fees is given to the buyer as is given to a buyer during a by phone conversation purchase. Phone sales are recorded and go by a script. Shop sales can be rushed by buyer or seller or both as we see from examples here - and they are not recorded. Also, bearing all this in mind, I find it strange / wrong that an in store purchaser doesn't have 14 days to change their mind on a purchase. It's right that an online or by phone conversation buyer gets two weeks to reconsider, but its wrong that an store purchaser doesn't - because shark sales practices are more likely to happen in stores in my opinion. And if in store purchasers had the same two week reconsider period then I dare say that sales practices would have to be improved - i.e, because the minority who are shark sellers would retrospectively lose their sales and sales commission. 

by Grand Master
Grand Master

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


@Profile closed wrote:
I find it strange / wrong that an in store purchaser doesn't have 14 days to change their mind on a purchase. It's right that an online or by phone conversation buyer gets two weeks to reconsider, but its wrong that an store purchaser doesn't

I don't! It's based on the legislation. The Distance Selling Regs don't apply when the distance is zero Smiley Wink. IMHO EE will only comply with the letter of the law to the least extent they can get away with unlike stores like Argos and M&S who do operate a generous consumer-friendly returns policy.

 

This legislation is framed in the light of such sharp practises as we are seeing here being already covered by other laws, contract law, Sales of Goods Acts, Consumer Rights Acts ... Parliament does not like enacting overlapping laws if they can help it. The DSR were introduced to specifically cover sight-unseen sales, where when you see it you don't want it w/out it being faulty, which were not covered elsewhere. It has since been subsumed into the CRA.

__________________________________________________________________________________________
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 chloe_anne Investigator
Investigator

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

This has happened to me recently, so embarrassing I had to phone up when my bill was due and to say I couldn't afford it, that I've started a contract that I verbally confirmed with the store assistant multiple times just so I knew what I was getting, am so shocked! I'm having to go back into the store tomorrow! Am worried he will deny it! Even though I had 2 of my friends with me to back me up with what I was told I was going to get vs what I got. 

 

What should I do if they deny it as I genuinely cannot afford what I'm being billed.

by Grand Master
Grand Master

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

@chloe_anne : (Threaten to) Take them to Court if you consider you have sufficient proof & witnesses to what you were told in store that you would be getting & paying, that isn't what you ended up with.

__________________________________________________________________________________________
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 Team

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

Hi @chloe_anne 

 

I'm sorry to hear this has happened.

 

Did you explain to our customer care team when you called that the contract was not what you thought to be?

 

Do you know if your store complaint was raised?

 

Please come back and let us know how you get on in store today. 

 

If you need any further help please let me know.

 

 

Alex 🙂

 

 

by chloe_anne Investigator
Investigator

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

Thank you, hopefully they will sort this out for me

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 & hope it is sorted to your satisfaction.

__________________________________________________________________________________________
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 chloe_anne Investigator
Investigator

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

Yes I told them what, the sales rep told me and they told me to go back to the store and tell them they need to give me what they said they'd give me. I'm about to go into my store I will write back what happened.

by chloe_anne Investigator
Investigator

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

So, obviously sales rep was adamant that the break down of the contract was correct and that he went through it with me again but with a different price than the first time, he's worked there a long time and said he's 100% sure what he said was right, but then so am I 100% what I asked and heard was right. We ended up going round in circles, I told him I had two friends with me at the time he knew of the contract and he said his store manager remembers being there too. So it was kinda stale mate and he asked if I wanted to talk to the store manager in which I said no (what was the point). I didn't know what to say or do felt like crying, he said he would speak to his manager and after 10 mins he came back and just said, he doesn't know why he's doing this, but he's given me his family/friends discount. Said he hasn't used it yet and has decided to use it on me, when he could've used it on someone else.

 

Now obviously I'm very grateful and I can see from his point of view if he believes what he told me was different to what I believe he told me this must be very annoying for him, but I believe in what i remember if that convo but also feel bad that he's used his family discount on me. But I'm not like, this person trying to pull his leg, I know what I heard.

by Grand Master
Grand Master

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

@chloe_anne  Don’t feel to bad about him using his F&F discount on you,  If I remember correctly EE offer it to employees but they can give it to 5 friends also.  

by shell89
Visitor

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

Hi, I have too just realised this is the case for myself, after 2 years of having a phone and a 'free' tablet as I was looking to upgrade and saw I had two devices on my login.  

 

I have spoken with someone on the phone who says I need to go to the store themselves to discuss it with them.  

 

I can not find my contract so cant look myself. 

 

I believe I have been mis-sold the tablet as it was not explained I would be paying for 2 contracts (1 for the phone and the other for the tablet).  

 

If I had been told this I would have said no to the offer.  It was not explained to me properly and I think this is mis-selling even though it may be in small letters in the contract seeing as it has impacted multiple people from discussions I have seen.  

 

What have been done about these cases and can be done to my case?  Or do I need to go to the store I bought it from 2 years ago. 

 

Thanks 

Michelle

by
EE Community Support Team

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

Hi there @shell89

 

Thanks for coming to the community.

 

I have replied to your private message.

 

Leanne.

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