Out of contract but still charged for my handset

[Crmck]

My contract ended a while ago but it appears I’m still being charged for my handset within the rolling contract. I called ee and was told a text was sent( no context) for me to contact them and that was it. All that happened during that call was mostly apologies, no resolution. Has this happened to anyone else? Does this even sound right??

[XRaySpeX]

@Crmck : EE's traditional contracts have no concept of paying off the handset. You agreed to pay the same price for the full duration of the contract. There will however be a 10% discount 3 months after the end of min. term. You may always choose to upgrade your contract to a cheaper SIM-Only contract from the last 45 days of your contract term.

[Crmck]

If they have no concept then why was it sold as an upgrade you pay during the contract length? In what way was the phone incorporated into the monthly? As I’m sure if I cancelled midway I’d have to pay for it or are you saying I’d have had it for free?

[XRaySpeX]

No, you didn't have it for free. It was sold to you as contract during which you pay monthly for the whole time you have it. The contract has a minimum term for which it must run before you may cancel it.

[Crmck]

So, as you say, it was sold as a phone and line rental in one price. The contract has now ended. If I didn’t query this, and I was specifically told this, I would still be paying for the phone into 2025 even though the 2-3 year expired contract incorporated the phone price…. Explain that.. 

[XRaySpeX]

A contract hasn't expired when you're still in it. Only the min. term has been surpassed.

You may always choose to upgrade your contract to a cheaper SIM-Only contract from the last 45 days of your contract term.

[bristolian]

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@Crmck wrote:

The contract has now ended.

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Your contract had no end date, else your network service would also end. You had a rolling contract at an agreed monthly cost, with a minimum term date - this is often confused with "contract end".

At the end of that minimum term, you are free to either upgrade, give disconnection notice or change to a SIM-only plan.

The newer "FlexPay" plans where you have two independent contracts - one for your airtime, the other a finance agreement for your phone - may be more suitable for yourself.

[Crmck]

Of course there’s an end to your original contract, why would I have the option of 12,24 or 36? Or why would ee message me to contact them regarding this? You get transferred on to a rolling contract as part of the original contracts rules but your original contract expires. My original contract expired, dress it up however you wish. 
Fact still remains that there’s no infinite payment towards a phone, even if iPhones feel that way, and my line rental certainly isn’t £80 a month individually. It was sold together , I’ve paid for the phone, I shouldn’t be continually paying for it in months/years time. Roll the on the line rental as I’m using it, fine but not the phone. I’m surprised this is even a debate 

[XRaySpeX]

It's all the 1 & the same contract that you are on. It has no specified term, just a min. term when you are free to cancel it. You are never transferred to a "rolling contract". The original contract itself has provision for giving a "rolling" notice of 30-days to cancel it.

Anyway that's how it stands legally. I've nowt more to add on this matter as it is now rolling round in circles.

[Crmck]

the contract in its original form HAS ended as it incorporated a phone, try and argue that the PHONE is still relevant after a 36 month period…
I’ve  only just realised that your responses are because you work for ee, you’re not joe public…. As I would have thought the world has gone mad to think normal people would think this process perfectly fine and you won’t get your money back. 
No worries, divert the conversation away from my original problem if you want, fact still remains is money was taken and MORALLY that is a very foul move to try and brush it off with semantics. And I’m sure when I have time to dig it’s legally wrong too