Getting a deserved refund

[PaulLongmire]

Hello, how do I go about talking to someone sensible who can sort me a refund out? 

back in November my contract from an old IPhone 7! Was due for upgrade, so I upgraded it to an iPhone 11 which took my £43 a month contract up to £56. 

so my new phone arrived and in the box was a SIM card in cellophane with a new number on, I didn’t even open this as I wanted to keep my old number so stuck my old SIM card inside my new phone happy days… until I start getting billed around £100 a month.. turns out they never cancelled my old contract and instead took my new phone out on a new contract. 

in February I tried to rectify this and the woman on the phone said I would be due a full refund of the money I have wrongly been charged however because of time commitments I couldn’t finish the call. 

roll on 7 months when I have finally had chance to chase it up (whilst being charged circa 100 pound every month for the one phone I use and the one contract I use) they are now saying I am due no refund at all? 

this is not acceptable I didn’t ask for two contracts I only want and use one contract, who can I speak to who has the authority and sense to rectify this issue? 

many thanks, 

Paul 

[PaulLongmire]

To clarify; 

I am wishing to transfer my old number to the new contract, and to then have my old contract terminated as it should have been last November, in turn getting any money refunded that has wrongly been taken from me, I should only have been paying the £56 a month from last November not both contracts combined. 

[Chris_B]

@PaulLongmire  If you upgraded then you could of continued with your old SIM card.  This wasn’t an upgrade it’s was a new contract on your account.     You get a new sim even if your number is going to be moved to that new sim ( it has to have a phone number on it when it’s sent to you) but you don’t have to use it if it was an upgrade.  You didn’t upgrade you took out a new contract so a new sim and new number and this would of been showing on your EE account. 

  EE was willing to sort this but you then left it 7 months why should EE now 7 months later agree to this as you didn’t upgrade you started a new contract. 

 EE don’t have to do anything to sort this especially 10 months after you took out this contract. 

[PaulLongmire]

I didn’t take out a new contract I upgraded my old contract. 

it is not my fault that ee made this mistake, I am a busy person and with working away and Covid I did not have chance to follow it up since February, why does time matter? They have wrongly been receiving money from me by their own mistake 

[Chris_B]

@PaulLongmire  EE was willing at the time and that was a few months after you took out this contract you then left it yourself another 7 months.   EE don’t have to do anything about this now just because you found time 7 months later.   You should of sorted this the moment you realised and that should of been within the first 14 days of getting the device/contract and that was November.

( 14 days is the cooling of period) 

   EE was willing once it doesn’t mean they have to do it almost a year later.  

[PaulLongmire]

How am I going to realise after 14 days that they have made a mistake when I don’t get a bill for a month after the phone was delivered? 

if this is the case then I will happily cancel my direct debit with ee and they won’t get a further penny from me, since as you say it’s after 14 days and they havnt rectified their mistake within a daft cooling off period 

[Chris_B]

@PaulLongmire  because you look on your EE account and you will see that you have two phone numbers on it, ie 2 phone lines. 

Cancelling your direct debit will only affect you not EE because it’ll affect your credit rating and eventually your phone lines will be disconnected and won’t be reconnected until you pay your bill,  failure to pay your bill will see this debt passed on to a debt collection company who will add their own fees onto this bill that you will then owe them.    This bad credit rating will stay with you for a few years.   But at least your contract with EE has been terminated but you’ll probably will not get another contract with another network also. 
 
The daft calling off period is bylaw given to you for distance selling and it’s down to you to check that everything is correct after 14 days EE don’t have to do anything,  but as you say EE was willing to do something but then you decided to give another seven months after that.   You way over 14 days and under the terms of distance selling you’ve agreed to what you’ve got.  

[PaulLongmire]

With all due respect Chris B you have absolutely zero idea of my circumstances regarding not being able to follow up the cancellation of a wrongfully given contract. I hope to god you do not work for EE because if you do my respect for the company has gone even further down hill, I came to this site for advice but instead you have wrongfully jumped to conclusions that are incorrect. In essence I have paid over £1000 for 9 months for one phone and one contract. This is absolutely bang out of order, I shall not be paying anything more until this issue is rightfully rectified, and to be honest with you Chris my credit score has zero to do with you my man, so have a good night and go and pester someone else who has been wronged by ee

[XRaySpeX]

How did you carry the upgrade? If you really ordered an upgrade & not a new contract but EE made a mistake with it as admitted by them 3 months later, then it doesn't matter how long since has elapsed. You have been overcharged by them as a direct result of their admitted error & you are entitled to a refund of the overpayments plus compensation due for the resultant hassle.

[PaulLongmire]

Thankyou for the sensible reply mate, it was through my ee account online using the ‘upgrade my phone’ function