Moved from Annual Upgrade to Flex Without Clear Consent – Where’s the Recording?

[dwadetheceo]

Hi all,

Has anyone else been moved from an annual-upgrade plan to Flex and then told they can no longer upgrade yearly?

I’ve been with EE for over 7 years and always upgraded annually and lock back in a contract. On my last renewal I specifically asked if I could still do that and was told yes. EE has now sent me a “final resolution” letter saying there’s no evidence, the employee has left and the call recording is gone, so they’re sticking to the Flex contract. I ask for the recording and for it to be escalated. Because this happens yearly while paying over £100+ a month.

This feels like mis-selling. Under the Consumer Rights Act 2015 information given by a trader that a consumer relies on becomes a binding term.

Anyone had success getting this reversed or escalated to the Ombudsman?

[bristolian]

A FlexPay plan, by nature, has two separate independent payments each month - one for the airtime which should be on the same bill as your other plans, and another for the hardware repayment.

I would have expected the additional payments on your bank statement to have been a flag for further checks at the time. These things are always trickier to resolve with the more elapsed time.

As regards the Ombudsman, you have an automatic right to refer to ADR either after 8weeks of raising a complaint, or once a deadlock letter has been issued if sooner.