Posted 5th Dec 2018
So, my sister was paying EE £30 a month for 24 months for an s7 edge and 2gb data.
This ended and she was happy to keep the phone so I told her to get a sim only contract. This is where she messes up....
She went to the EE shop today, signed a 12 month contract (I've got a copy of it right in front of me) and she's now paying them £17 a month for 3gb of data. She thought she was getting a good deal but as everyone on HUKD she's getting royally ripped off.
I've looked online and it says you don't get a 14 day cooling off period if you sign a contract in person?
What's the best course of action?
Thanks everyone
This ended and she was happy to keep the phone so I told her to get a sim only contract. This is where she messes up....
She went to the EE shop today, signed a 12 month contract (I've got a copy of it right in front of me) and she's now paying them £17 a month for 3gb of data. She thought she was getting a good deal but as everyone on HUKD she's getting royally ripped off.
I've looked online and it says you don't get a 14 day cooling off period if you sign a contract in person?
What's the best course of action?
Thanks everyone
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sorted byYou might not think it's a good deal (and it isn't) but she knew upfront what she was going to get and she agreed to it.
The best course of action is to tell her to check with you in 12 months before signing anything else. (edited)
I just see you telling her to go SIM only and she messing up.
Can't really blame both of your lack of prep/research, on EE
(edited)
Contact EE by chat or phone (repeat: by chat or phone). See if the exisiting SIMO can be upgraded. If so, agree to (any) upgrade, then cancel the new contract within the 14day cooling off period.
Try asking politely. Going all aggressive won't get you a goodwill gesture like cancelling the contract when they are not obliged to do so.
All with no contract, leave whenever you like.
Based on what you have said there is no way out.
Good luck.
That's at the store's discretion... let's not make OP think this is the rule.
The store has no obligation to cancel anything for free by law. See my post above this one for proof.
Edited to specify "cancel for free" (edited)
Why? You can't certainly think of getting a contract for free in store because you are not able to cancel it for free if you change your mind.
You can still cancel but with penalties of course (paying the whole contract off). The whole issue is cancelling free of charge, which is at the store's discretion.
It was kind of understood I meant "cancel FOR FREE". No one would consider cancelling by paying off a whole new contract
It's how the law is written. I am not making it up.
Buying online or over the phone gives you more rights to return stuff etc. This not just with phone contracts.
In store, returns and cancellations are at the retailer's discretion. (edited)
You may misunderstand the reasoning behind the upgrade suggestion. By requesting and obtaining an upgrade via a distance sale, the original SIMO that has no 14day cancellation option is replaced by another contract that has the 14day distance sale cancellation option. Assuming the provider receives confirmation from the customer that the upgrade can apply immediately, the customer can then cancel the replacement contract within 14days with no termination fees.
Worse case if they say no, write a letter to the CEO stating she was mis-sold in store / felt pressure to renew but had the option to cancel. Over a £17 contract, they probably won't fight it and just cancel it for her.
That's not true.
From Which:
"If you entered into the contract over the phone, online or on your doorstep, you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations."
Contracts sold in store are not subject to a cooling off period. This is the OP's case.
If that's the case then the individual should have no obligation to pay either.
Just looked - they do 20gb for £20 / 30gb for £25...
If you're clued-up, you don't! I ordered my last mobile from 3 online deliberately, rather than buying in-store, purely so I had return rights.
14 days was the distance selling act, It allows you to inspect your purchase before deciding if you're keeping it as you can't check something from a website, in store you can check your product which is why you have no cooling off period.
£20 for 20gb isn't bad. Not brilliant but no need to hang your head in shame in the pub. Simply upgrade to that. It's a victory in a much as you are getting 17gb for £3. That's something to brag about.
Doesn’t seem like the amount of data is the issue seeing OP’s sister was only on 2Gb pm for 24 months before.
Agree call them on the phone and explain the situation. Most likely they will change to a tarrif where you have to pay more than your current monthly charge.
From my experience, if a customer does an airtime upgrade (discount is included in the price plan) then I think it's after 3 or 6 months the contract can be upgraded to a handset plan as an alternative option.
So with that said people going into store and having no 14 days cancellation is a con IMO
Just because its not mandatory to do so does not mean they couldn't implement a 14 cooling period, the reason they would rather not give you a cancellation is because they know your getting ripped off and a family member will pipe up within the 14 days
No, I advocate not explaining the situation to EE on the phone. The whole point of attempting an immediate upgrade via distance sale is to have access to the 14 day terminate-at-no-cost period. I certainly would not volunteer that intention in a call to a service provider.
14 days cooling off period does not apply here, it's in the terms and conditions.
99% of the time agent will tell you to go to the store and see what they can do. Store has its own retail support.
Keep us posted
This will not work. Handset contract will revert back to the SIMO deal from the store.
No it wouldn't, I've used the tactic a couple of times now. For various contracts (edited)
Absolute tosh! There is no t&c nor legal route for a service provider to exhume a defunct contract.