My brother was mis sold a contract phone

77
Found 5th Jan 2016
I have just found out that my brother who has learning difficulties has just been signed up to a 2 year £30 a month mobile contract. My elderly dad tried to take it back to the EE high street shop as my brother only bought it the previous day. when he asked for a simply 14 day return as he doesnt want my brother to get a phone he simply cant afford. My brother was paying £10 a month before he went in the shop and comes out with a £30 a month contract and a poor phone (talk about the ultimate mis sell).
The shop are refusing point blank to take it back and say he now has to honour the 24 month contract as they dont offer a return policy if the phone is not faulty.
Can anyone offer any advice on how i sort this out especially ee or former ee employee's?
Community Updates
76 Comments
Try Citizens Advice, they might help your brother resolve this
Is there not a termination time on the contract ?
Banned
Wait for the shop te close and follow the manager home, then speak to him there and say you'll nip back into the shop tomorrow to sort it out.
There is no fourteen day return when you walk into a shop but what you describe is disgraceful behaviour.

Personally I'd be phoning the store and pretending to be the local paper, asking for a statement.

If that fails I'd be back in asking for manager responsible for that branch.
Original Poster
Through a retail store
We do not offer a change of mind policy in stores, however, if you are experiencing coverage issues or our coverage does not meet your expectation, you can return your purchase to us within first 14 days to any of our retail stores.
Be serious guys, this could be a member of your family who needs help fast (_;)
This is from their returns policy

If you take out or upgrade more than one line with us, this policy applies to each separately.
We do not offer a change of mind policy on any of our products in store. However, we do offer a 14 day return on our products if you are experiencing coverage issues or our coverage does not meet your expectation.You‟ll have 14 calendar days from when you join or upgrade, including the day of original purchase or upgrade, to return your phone and/or plan to the store where you purchased. You can only make one return within this time.
You‟ll need your original receipt and the phone/device you‟re returning must be complete and in “as new” condition. That means you‟ll have to return the phone and any inclusive „in-box‟ accessories (including the charger) supplied. You‟ll also have to return any free or promotional items that you got at the same time as joining or upgrading in “as new” condition too. We‟ll then refund you what you paid us, bearing in mind the points below.
If you‟re returning an upgrade, you‟ll then go back onto your previous phone and plan and any remaining minimum term commitment will still apply. If you‟re a pay monthly customer, we‟ll refund any deposit or upfront payments back to you, using the payment method that you originally used.
Most phone contacts will have 14 days to cancel. Have you tried reading the contract?
Original Poster
My brother didnt have a clue what he got into now he is stuck with a £720 over 2 year contract. Without disrespecting him as i am his brother to look at him and speak to him you would instantly know he has learning difficulties.
arcangel111

This is from their returns policy If you take out or upgrade more than … This is from their returns policy If you take out or upgrade more than one line with us, this policy applies to each separately.We do not offer a change of mind policy on any of our products in store. However, we do offer a 14 day return on our products if you are experiencing coverage issues or our coverage does not meet your expectation.You‟ll have 14 calendar days from when you join or upgrade, including the day of original purchase or upgrade, to return your phone and/or plan to the store where you purchased. You can only make one return within this time.You‟ll need your original receipt and the phone/device you‟re returning must be complete and in “as new” condition. That means you‟ll have to return the phone and any inclusive „in-box‟ accessories (including the charger) supplied. You‟ll also have to return any free or promotional items that you got at the same time as joining or upgrading in “as new” condition too. We‟ll then refund you what you paid us, bearing in mind the points below.If you‟re returning an upgrade, you‟ll then go back onto your previous phone and plan and any remaining minimum term commitment will still apply. If you‟re a pay monthly customer, we‟ll refund any deposit or upfront payments back to you, using the payment method that you originally used.


Thanks arcangel
Banned
summerof76

Be serious guys, this could be a member of your family who needs help … Be serious guys, this could be a member of your family who needs help fast (_;)



Mine was serious, most up themselves people lose their attitude when they know you know where they live.
Banned
Get posting on their twitter/facebook or whatever as companies only seem to listen nowadays when you do that.
one_way

Mine was serious, most up themselves people lose their attitude when they … Mine was serious, most up themselves people lose their attitude when they know you know where they live.


Did you get your ex's phone sorted???
miketheking14

Most phone contacts will have 14 days to cancel. Have you tried reading … Most phone contacts will have 14 days to cancel. Have you tried reading the contract?



^^^^ This.

There should be a cooling off period.
one_way

Get posting on their twitter/facebook or whatever as companies only seem … Get posting on their twitter/facebook or whatever as companies only seem to listen nowadays when you do that.


I totally agree with you on that one
Original Poster
I know there is no law but i used to work for a phone company in my younger days and we would get hauled across the coals for selling to what was classed as a vulnerable customer.
arcangel111

EE don't offer that service as it says in their T&C's Shiiite company !


X) Thats soooooooo true
go online and check where near you has a very poor ee phone coverage. go top the store asap and tell them you work in that area and have no signal whatsoever and you need it for work.

my dad worked in ee for very long time and for this excuse have to accept the return. I know this has been mentioned above but I'm just telling you the procedure.

I know it's lying and it's not a good thing to do but in certain circumstances it's just got to be done. hour this helps.
Write to the company explaining the issues and your brothers condition. Emphasise how obvious his condition is and that the sales person should have been more considerate.
Explain that the direct debit will be cancelled and no monies will be paid.
Offer to return all equipment at your expense to the company.
Send this letter by recorded or special delivery.

Ensure the phone is kept in a pristine and brand new condition otherwise you'll have no chance.
tanboy

I know there is no law but i used to work for a phone company in my … I know there is no law but i used to work for a phone company in my younger days and we would get hauled across the coals for selling to what was classed as a vulnerable customer.


Get the national newspapers involved, that will help you
Monkeybumcheeks

^^^^ This.There should be a cooling off period.


There isn't if purchased in store.
Banned
summerof76

Did you get your ex's phone sorted???



Yeah luckily as she **** hated the £20 one she had to use for 2 days.
one_way

Yeah luckily as she **** hated the £20 one she had to use for 2 days.


But did you manage to save the photos from the one she dropped ??
Banned
Its a fine line really, serve and risk the baclash of people thinking you've took advantage. Don't serve and risk it being discrimination.

They are sales people they are there to sell, people will take out these sorts of contracts. Its a tough one to actually say they took advantage. Even though they probably did.
Banned
summerof76

But did you manage to save the photos from the one she dropped ??



Yeah just got new screen and digitizer put on.
Name and shame the store. Let's all get down there and waste their time.
Original Poster
EE in King Street, South Shields, Tyne and Wear
stuarthanley

Write to the company explaining the issues and your brothers condition. … Write to the company explaining the issues and your brothers condition. Emphasise how obvious his condition is and that the sales person should have been more considerate.Explain that the direct debit will be cancelled and no monies will be paid.Offer to return all equipment at your expense to the company.Send this letter by recorded or special delivery.Ensure the phone is kept in a pristine and brand new condition otherwise you'll have no chance.



If the cooling off period doesn't apply, a quick chat with the manager of the store should be more than enough to straighten things out.....if it isn't, I would take his name then contact his head office and keep going until I found someone prepared to take control of the situation.

It shouldn't have to get to what Stuart has suggested, but if it does go that far, I'm sure watchdog would like to hear more too.
same thing nearly happened to my mum who suffers from mental ill health. she went into dixons and nearly ended up buying an ipad on data contract which she does not need. luckily she couldn't complete the contract details so she called me and I explained to the shop assistant that she is ill and so they didn't proceed.

ee doesn't have to cancel the contract so all you can do is write in to customer service and explain your brother's predicament. if you a paper evidence to show that he has learning difficulties it will help your case. don't make it a complaint but a begging letter to appeal to their sympathy and emphasize that he won't be able to make the payments.
Put phone under something that will make it loose signal, take phone out, take pic of phone in house with no signal and return to store...
Edited by: "LiGhTfasT" 5th Jan 2016
I'm not gonna pretend to know what the new rules are, but the Consumer Rights Act 2015 came into force in November and changed the law in regards to cooling off periods, refunds etc. Might be worth checking that out/finding more info on google about it.
tanboy

EE in King Street, South Shields, Tyne and Wear


I know where you mean, get the Shields Gazette‎ on to it or the Evening Chronicle. Name and shame them
I thought that you had a cooling off period on any from of contract whether it be online or in person. When I say any contract I don't just mean a phone contract I mean any contract be it signing for a business venture or anything? I may be wrong though.

Anyway I am sure you could get a free few minutes with a local solicitor and they will get you up to speed.
Edited by: "NEtech" 5th Jan 2016
Mark2111

Going by this it looks like you will have to go on the goodwill of the … Going by this it looks like you will have to go on the goodwill of the manager :(http://forums.moneysavingexpert.com/showthread.php?t=4975682



i would forget talking to the manager as they are only sales people with limited powers. it is customer service that the OP should contact who will have more sympathy as their job is to resolve customer problems, not sales.

they will also have the authority to cancel the contract or negotiate an early termination fee that is reasonable. write in, don't call them on the phone as then it will be pot luck who answers the phone. when you write in the letter will be passed on to the appropriate person with authority.
Have you tried actually contacting EE direct and explaining. When my partner passed away CW told me nothing could be done with her mobile contract as it was on mine with her name as primary user. O2 store told me same. Rang O2 and they where more than understanding and even though they where in rights to force me to continue out with the remainder of the contract (its was only 6 months) they terminated it and told me just to keep the phone.
summerof76

Be serious guys, this could be a member of your family who needs help … Be serious guys, this could be a member of your family who needs help fast (_;)



What?
I've had a read

Section 20 & 22 of the Consumer Rights Act 2015 apply here, I think, under the term 'right to reject'. This I believe is what they're calling a 'cooling off period' where, within a certain time frame (and irrespective of how you purchased the item), you are able to return the goods for a refund, or cancel the contract.

The problem comes with section 31, which does not apply to Right to Reject. In short, this means companies can ignore this area of law and incorporate a clause in their T&Cs which disallow returns and remove a customer's right to reject.

As a result, they've actually acted completely lawfully. The T&Cs are clear. It's really unfortunate that this has happened to you/your brother, and while they've acted lawfully it certainly isn't morally. Sounds like sales people seeking commission and taking advantage of anyone to get it. That said, it would be advisable in future to retain his bank cards. As the comments on that money supermarket thread suggest, if he's able to conduct his financial affairs and make decisions about purchases (regardless of the cost), perhaps it was natural to assume he had the capacity to sign the contract as an independent adult.

You could try taking it up with head office, but I'm not sure how far you'll get. A good suggestion may be to sell the phone in its pristine condition to pay off most the debt, and you/your brother/whoever cover the rest.
willhay555

What?


Will, what if it were a member of your family???
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