Poor service

[Jhd7]

Shocking service from ee today, recently found out that a direct debit for £44 pound a month has been taken from my account since 2020, for an account/number/sim that was not received so not activated .

ee have offered 6months line rental as compensation.

unbelievable!!

anyone know the best way forward with this?

[XRaySpeX]

SAR = Request My Personal Data from EE 

[Leanne_T]

Hi @Jhd7 

If you would like to open a complaint to get this looked into, please see our Make a complaint (ee.co.uk) page. 

The EE Complaints Code of Practice January 2022 page has full information. 

Leanne. 

[Jhd7]

“When EE was orange I had a 2nd line added to my account. I knew soon I had the money leave my account. I rang up straight away and got it sorted.”

Interesting!    I’d say It was probably your legal “good standing “ that got your phantom account sorted,  or possibly your connections with the law society and other parliamentary figures .

thanks for that,  at least I know that it happens to other people.  I wonder how many others have been affected  similarly ?
I guess the fact that it happens to others will help my case.

[BrendonH]

It's got nothing to do with my 'legal standing*

But the fact I called them straight away rather than waiting 4 years,so they didn't have any hence to say I authorised this because it was called about immediately as I saw the bill come through.

Yu have waited 4 years leaving room for EE to say it must have been authorised due to the fact you been paying it for 4 years.

[Jhd7]

I am not sure why, but it seems you are happy to contact ee to “sort” your own affairs but suggest that others should “move on”, and are actively attempting to dissuade people from taking action when they have  been overcharged,

You noticed you had an unauthorised line added to your account. you complained and it was “sorted”

an ee representative advised me of an account that I did not authorise or request, similar to yourself,   albeit mine was nearly 4yrs later, the concept is the same only the time frames are different.

Your argument seems to suggest that because I didn’t notice that I was being overcharged,  I have no recourse and ee have a lawful right to keep the overcharged payments,

I would hope that the fact that I had not noticed the overcharged amount should have no bearing on whether the money was taken lawfully, if you can direct me to any legislation that suggests otherwise then please do so.

 The account charged for was not requested and was never activated.

You say you have “good legal standing “ however you have been asked to provide any legislation to support your point of view in this matter and you have failed.

I will speak to ee again to suggest that they make a better offer,

ee will be provided with a SAR (a request for all information they hold on me)

when the facts and figures are established  ,and  in accordance with pre court protocol I will write   a letter before action to ee stating the facts and ask for reimbursement of the overcharged amount, if they are not agreeable I will suggest mediation.

if I have no luck with that I will apply to the small claims court to have my case heard, and also request that statutory interest is added to the amount.

my loss would be very easy to demonstrate to the court.

ee would need to demonstrate that within the contract they created between ourselves (as they  unlawfully created a contractd with you)  they had a lawful right to deduct money from my  account and to keep it, I would argue the validity of the contract for the mobile service that has led to this overcharging,  being that  it was not asked for by me or even  activated by them.

[BrendonH]

I told you about it I stayed it's in the FCA about 13 months. You seem to want to ignore all of that because it doesn't fit in your weak argument.

I didn't want EslE to sort my mess out they messed up and I contacted them immediately.

The timeframe does matter the fact you paid it for 4 years shows you were happy with it. It's your money that's being taken you seem to think you shouldn't know the amounts you are paying for services etc.

Being naive doesn't get you your money back 

You been offered 6 months old take it because you're going to have the threat of nothing 

You also state if you don't win then See would end up paying more in their defense I take it you are not aware you could be held liable for some or all of EEs legal fees if you lose in the small claims court.

[Jhd7]

This is a legal argument that you seem to fail to comprehend.

It has nothing to do with how I manage my money.

A contract has been created and funds withdrawn from my account without my permission.

with regards to small claims  court and costs, it is very unlikely that a judge would award costs to  any party in a case such as this,

you seem unable to understand that  litigation and it’s representation is expensive,  mostly only lawyers win in court, it would cost ee far more to try and defend the contract that they created themselves and consequently didn’t honour, than to pay me the money that’s been illegally taken from my account.

STOP BEING RIDICULOUS , and trying to mislead, your consistency without legal factuality only demonstrates your lack of knowledge.

[BrendonH]

Lack of knowledge is only from your side.

You seem to think you can claim from 4 years ago. EE has a strong case that you have been paying for it for 4 years which shows you were happy with the monthly payment.

Your lack of knowledge is showing but don't let me stop you claiming but you have a slim chance in winning the full 4 years back you been offered 6 months free I would take it but you want to risk losing everything.

So go ahead. I won't wait for your reply because you're never going to come back here and say oh sorry you were right I lost.

Have fun going through he stress if it all when really this should've been picked up 4 years ago.

[Jhd7]

Please do enlighten this forum with the legislation that allows ee to illegally create contracts and overcharge customers (as they did with you…….or were you lying in a weak attempt to prove an illegitimate point?) without any recourse,  I’m sure if you did, it would validate every thing you’ve said so far?

you won’t because you can’t .

Contrary to your suggestion, I will gladly update this forum with any outcome from ee positive or otherwise.

in the meantime perhaps your forte is not  advising people on contract law, but perhaps advising folk on how to unlock porn filters on their phone, as this  is obviously more suited to you  you and your other hobbies.

regards

[XRaySpeX]

& so on & so forth ...