Signed up to PAYM Contract when I shouldn’t have been able to.

[JLGSYCI]

Firstly a bit of background story:

I live in Guernsey (Channel Islands). I have never once lived in the UK or had a fixed UK address. I have only ever given EE a Guernsey address, as that is where I’ve lived since 2008. Prior to that I lived in Denmark (country of birth)

I purchased a Flex Plan sim approx. 2 and a half years ago, to be used whilst I was visiting the UK while my daughter was attending hospital appointments/operations.

In September 2021 EE contacted me to ask if I would be interested in switching to a PAYM Sim Only contract as I would be given more allowances. I agreed to do so, and as part of that, was asked for my address again and other personal details, and a credit check was done. Again, I have only ever supplied EE with my Guernsey address (I do not have a UK address as I have never lived there). Contract was set up and I made use of it and paid my bills as normal.

Then, in December 2021, I was told I could upgrade to a handset contract. As my old phone was busted beyond repair I decided to go ahead with this, and got an IPhone 13 Pro Max on a 24 month Full Works IPhone plan. Again, I was asked to confirm all my personal details including my address etc.

Now to the events that have transpired today:

I contacted EE via twitter to request a copy of my contract paperwork as I never received them after completing the upgrade. It was at this point that the fact I lived in Guernsey and not the UK was picked up. The advisor proceeded to tell me the following;

EE is a UK based network and since the Channel Islands is not part of the United Kingdom those permanently residing in the Channel Islands with no fixed address in the UK wouldn't be able to take out a contract with us as our SIM's/Plans are not intended for the sole use of roaming and would cease to work without a stable link to the UK.

The advisor proceeded to tell me that that meant I should never have been able to sign up to a PAYM contract.

I then decided to call CS and told them word for word what was said. I asked where does that leave me from a legal standpoint. I was given the following options;

Option 1: Return the handset and cancel the contract as I’ve got 1 day left of my cooling off period.

Option 2: Buy out the contract and keep the handset.

Option 3: Carry on with the contract (despite I shouldn’t technically have it in the first place) and keep paying the £93/month that it cost, but have my sim be cut off after 3-6 months as I have no stable link to the UK. So, keep paying for services I later won’t end up receiving.

None of these options sounded good or fair. I specifically took out a handset contract because I needed a working phone. Never once was I made aware I couldn’t take out a contract and the fact I live in Guernsey was never previously challenged by EE or flagged up.

I returned to the EE advisor on twitter and informed him of the outcome with CS over the telephone. I explained I need to keep the phone, and I absolutely have no problem paying for the phone, but I don’t have £2000 sitting in my bank to buy out the contract in one fell swoop. I also explained I don’t think it would be fair for me to keep paying £93 a month for services that will eventually be stopped by EE (obviously part of that £93 is to pay off the handset and I don’t have an issue with that). Twitter advisor said that in this instance, he will have to arrange for EE’s Outbound Complaints team to give me a callback which should be within 24 hours and ultimately reach a resolution.

What the heck man, I feel like I’m stuck between a rock and a hard place 😞

[Northerner]

Hi @JLGSYCI 

The original flex tariff is a glorified PAYG contract. You would be paying a premium for the service living abroad on PAYG. 

It might be worth asking for the calls from your upgrade in 2020 if this was miss sold. You have to ask how EE system has allowed an upgrade to a SIM only contract when you don't reside in the UK? 

Bottom line is that you shouldn't have a contract. The options given are the options open to you. Understandably you are unhappy and can complain but EE won't change their policy. Best option is to return the handset.

Thanks

[JLGSYCI]

@Northerner  I’ve had the call back and basically they couldn’t tell me why the contract had been allowed to go through. I was then put through to the exec office and basically they couldn’t tell me either but that the original 3 options were all that remained for me so either return handset and cancel contract, but out contract and keep handset or continue with contract as is.

Lady from exec office said that the stable link shouldn’t apply to PAYM contracts but she would check on this and get back to me. She also tried telling me that the Roam Abroad Pass smart benefit on my account would prevent me from being charged for roaming. I asked what did that have to do with the contract itself but couldn’t get a straight answer.

So, currently left in limbo until exec lady gets back to me.

[bristolian]

You can view the stable link policy for yourself. Load the pay-monthly roaming T&C document here and scroll to page 2 under the heading "stable links"

[JLGSYCI]

@bristolian  Thanks for the link.

The last time I was in the UK was end July 2021 for one of my daughter’s post-op check ups and even then we travelled back home to Guernsey the same day. We’re next due to go to the UK in Feb but again it’ll be just a day trip.

Exec office said if I reject all 3 options then I would receive a deadlock letter and it would then go to the ombudsman, and that process can take around 3 months. They said if it didn’t go in my favour then I’d still be bound to the contract.

[mikeliuk]

Hi @JLGSYCI ,

In the subject of this thread and your comments, it seems you believe that you've been sold a contract that you should never have been sold so it would be best to annul that contract and restore the previous state before that mistake.

If you want a new handset, it would be best to either buy that from a trusted retailer or perhaps consider the handsets offered by your main network service provider for your primary mobile phone number.

[JLGSYCI]

Hi @mikeliuk 

Yes I suspect you’re probably right, except the previous state of was a PAYM SIM Only Plan, and before that it was a Flex Plan (was Flex Plan from August 2019 - September 2021)

I have contacted my local Trading Standards office to ask for advice. I am meant to be getting a call back from the Exec Office in a day or two and they said they can extend the return window if need be.

It’s all ended up feeling like one giant muck up by EE.