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Mags73
Visitor

I am 79 years old, I’m using this as an excuse - but my contract apparently ended many years ago, I would have been informed by text (I rarely read them).  As my phone was then paid for I should have switched to SIM only, I did not - therefore have overpaid by a few thousand - my question is, should the company not have a duty of care to make sure I understood this?  Do I have any recourse?  I fully admit to being stupid, but would be grateful for an answer.

3 REPLIES 3
XRaySpeX
EE Community Star
EE Community Star

No, you admit you ignored any warnings that EE may have sent you that your commitment period was coming to an end.

EE's traditional mobile contracts have no concept of paying off the handset. You agreed to pay the same price for the full duration of the total bundled contract. There may 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 30 days of your contract term.

These mobile contracts don't just end, just the min. term expires. They are not fixed term contracts. After the min. term they just carry on at the same price on a rolling 30-days' notice basis until you explicitly cancel, upgrade or port your no. away. 

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Chris_B
EE Community Star
EE Community Star

@Mags73   It’s down to you to read and understand the contract you’re agreeing too and what happens at the minimum term of the contract, It’s all in the T&Cs.  And you have said 

I would have been informed by text (I rarely read them) 
So by that statement duty of care was given and you chose to ignore it.  

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bristolian
EE Community Star
EE Community Star

@Mags73 wrote:

As my phone was then paid for I should have switched to SIM only,


Unfortunately this is part of a popular misunderstanding.

When you upgrade or re-contract, you agree to pay a fixed monthly fee on an ongoing basis for at least the duration of the minimum-term. When that minimum-term expires, what you choose to do with your account has to be that of the account holder.

If a network operator started to make arbitrary changes such as you suggest, on behalf of account holders without their explicit consent, you are starting down a very slippery slope. Users who don't want to switch to SIM-only for example, would have valid cause for complaint if EE were to do as you suggest.

Others have said it, but I'll agree with them - the onus is on the account holder to choose their plan, and doing so is their responsibility.