Locked phone

[KyleJB]

I am pretty disgusted with EE after discovering today that not only is my new phone locked to the network but that on top of that I have to wait 6 months before  it can be unlocked but only if I pay EE to do this!!! Not happy about this at all especially because it's  now less than 5 months until the outright ban by Ofcom on selling locked phones comes into force in December, meaning that the ban will have already come into effect before I am going to be allowed to get it unlocked and forced by EE to pay to have it done! I have to say that  is some very underhanded tactics from a company with such massive profits! 

[KyleJB]

The reason I checked this information in the first place is because the phone in question is dual sim and I wanted to put the PAYG sim that I have had for many years into the second sim slot so that I don't then have to carry around two phones that makes you look like either an absolute dodge pot, or a drug dealer!

[KyleJB]

@Chris_B And this matter is not a new ruling as you stated. Company's were made aware of proposals by Ofcom back in 2019 and were informed it would be taking effect from December 2021 back in October 2020 so they have had more than enough notice to make sure the necessary provisions were put in place to deal with this situation correctly something EE obviously have not done and are hoping that they can make extra money from the ignorance of the upcoming Ofcom ban from its customers. Which is as far as I am concerned utterly abhorrent.

[Chris_B]

@KyleJB   At the end of the year EE could change that policy.
 ( at the end of the year not now that’s not hard to understand is it ) 

What the T&Cs are now are not applicable at the end of the year as devices will not be locked.  So EE could change this for devices purchased within the last 6 months of the year.     Your are assuming based on the T&Cs of now.  

 And what is happening at the end of the year has no impact on now as nothing has changed and will not till the end of the year.  EE will at present say the current T&Cs as they haven’t changed and are still correct as of right now because it’s not December yet is it.  

[XRaySpeX]

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@KyleJB wrote:

@Christopher_G what you have just posted is not the Ts&Cs  to which both yourself and the other person were referring to in your previous post

@KyleJB : The T&C's that @Christopher_G linked were indeed the T&C's to which I was referring previously in this thread. I had sections 3 & 10.5 of 

EE pay monthly network T&Cs in mind when I posted.

[Chris_B]

@KyleJB  Nothing has to be changed as the ruling is December not now.   Why are you not understanding that.  
And new ruling doesn’t mean when it was decided a new ruling can mean when it comes in to effect.    The new ruling is December and not before. 

EE don’t have to change anything till December and the current T&Cs are still correct.      

In December this will change but until then nothing has to change and your getting upset with something that hasn’t happened yet because the enforcement date hasn’t come and gone yet.   

And why are you assuming EE are not ready ??   It’s not December yet and EE don’t have to do anything until December.      

your basically arguing about something that’s not applicable yet.   

[KyleJB]

@Chris_B I purchased my phone on June 16th meaning that the 6 month waiting period before I am allowed to have the phone unlocked 

If I pay EE to do it will end on January 16th 2022 the Ofcom ban on selling locked phones takes effect on December 1st 2021 a month & half before EE will allow me to pay them to unlock the phone and you are trying to insist this has no bearing on now, really??? There should be provisions made by EE already in place to ensure that customers are dealt with fairly. 

[XRaySpeX]

1. June 16th + 6 months = Dec. 16th.
2. Ofcom's ban on selling locked phones is on selling locked phones from Dec. 1st. not on those already sold before Dec. 1st. Such regulation cannot be retrospective. It is therefore irrelevant to your situation.

[KyleJB]

@XRaySpeX @But they are selling locked phones with a 6 month waiting period for having them unlocked which they now should not be doing as it is and will be directly against Ofcom regulations that will be in effect before the 6 month waiting  period on phones being unlocked by EE ends! So this is very relevant as it directly effects  me.And for your information  retrospective means after not before as you are inferring

[mikeliuk]

I think one hiccup is that a sale should result in a change of title and ownership. The service provider may muddy the waters with "the device is owned by EE for the first six months of your contract" so it could be argued that the sale has already been pushed into scope of the future regulations if title is not transferred to the buyer before the law comes into effect.

Clarity on all of the above speculation probably requires specialist knowledge. 🤓

[XRaySpeX]

Rubbish! The regulation comes into effect on Dec 1s, not before.

Laws have to start some time. Just knowing it's coming sometime in the future doesn't mean it has effect today just cuz you are aware of it.