My sister has been ripped off by EE, is there anything she can do?

35
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
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Don't mean to sound harsh but she hasn't been ripped off.

You 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 by: "Yenyoc" 5th Dec 2018
35 Comments
You can try call them to cancel, and if they don't let you, you can try say the coverage does not meet your expectations, and they may cancel if for you.
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deleted1451412
I’d call them as arjanvirdi suggested
My only issue with the coverage idea is that they might say, the coverage was fine for 2 years? :/
Don't mean to sound harsh but she hasn't been ripped off.

You 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 by: "Yenyoc" 5th Dec 2018
Cooling off period is only when you buy online. It might not be the best deal but she knew what the contract stated so she wasn't ripped off. No sales person is gonna tell you you can get a better offer somewhere else.

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.
Wow stealing robbers. Find a better deal & ring them. Ask why wasn't I offered this!
I think any contract has a 14 day cooling off period. She will only pay for the pro-rata dates within that 14 day period.

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.
Could chance your luck and take it back in. My friend took out a contact with 3 instore for the whole phone and minutes etc and tried to take it back. They said they couldnt, she asked to see the manager and was saying she didnt need it anymore and straight away the manager just cancelled her contract for her.
That isn't a good deal. If she's under 30, she could have joined Voxi (owned by Vodafone) at £10 a month for 6GB. Their £15 plan offers 15GB.

All with no contract, leave whenever you like.
I use to work for EE and can confirm if signed in store there is no cancellation. It's upto the managers discretion. If cancelled it comes out of the stores profit/loss (= no Xmas party!)

Based on what you have said there is no way out.

Good luck.
First I've heard you don't get a cooling off period if you sign in person I think that's wrong, my wife signed up in person at O2 and cancelled the following week no problem.
A £10 pay as you go goody bag with giffgaff gets you 3gb of data, and unlimited calls and text, plus after your 3rd goody bag purchase they then give you an extra free 1gb with all future purchases, best thing about this deal is you are not in a contract so no surprise bills.

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Edited by: "SOUTHWALES" 5th Dec 2018
The 14 day cooling off period is covered by the distance selling regulations, this covers online and over the phone only, hence why it doesn't apply as it was agreed in person in-store. Try going back to the store asap and argue your case, they might move it over to a better deal or allow a cancellation to avoid a kerfuffle in the shop. Good luck!
EE generally are rip-offs. You're far better off with BT mobile almost all of the time.
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deleted1080215
Ok, try a different tack. See if she can upgrade to a decent package for a nominal increase. I'm not sure what is on offer at EE but for example, increasing to 8gb a month for an extra £2 would make it a more attractive deal without the store losing face or your sister being ripped off. It's always good to enter a negotiation with a solution at hand rather than crossing your arms, tapping your feet and demanding something for nothing (I'm not suggesting you are doing this, but you get the idea).
Mary_Mary5th Dec 2018

I think any contract has a 14 day cooling off period.


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.
furbars05/12/2018 18:46

First I've heard you don't get a cooling off period if you sign in person …First I've heard you don't get a cooling off period if you sign in person I think that's wrong, my wife signed up in person at O2 and cancelled the following week no problem.


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 by: "hearts22" 5th Dec 2018
hearts2205/12/2018 21:16

That's at the store's discretion... let's not make OP think this is the …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 by law. See my post above this one for proof.


If that's the case then the individual should have no obligation to pay either.
deleted108021505/12/2018 20:36

Ok, try a different tack. See if she can upgrade to a decent package for a …Ok, try a different tack. See if she can upgrade to a decent package for a nominal increase. I'm not sure what is on offer at EE but for example, increasing to 8gb a month for an extra £2 would make it a more attractive deal without the store losing face or your sister being ripped off. It's always good to enter a negotiation with a solution at hand rather than crossing your arms, tapping your feet and demanding something for nothing (I'm not suggesting you are doing this, but you get the idea).


Just looked - they do 20gb for £20 / 30gb for £25...
furbars12 m ago

If that's the case then the individual should have no obligation to pay …If that's the case then the individual should have no obligation to pay either.


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 by: "hearts22" 5th Dec 2018
If that's the case then why would anyone ever sign anything in a shop especially if they miss sell you something !
furbars4 m ago

If that's the case then why would anyone ever sign anything in a shop …If that's the case then why would anyone ever sign anything in a shop especially if they miss sell you something !


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.
@hearts22 speaks the truth, the second you leave that store it's yours, no changing your mind.
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.
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deleted1080215
miikeyblue05/12/2018 21:38

Just looked - they do 20gb for £20 / 30gb for £25...


£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.
I don't see the bit where she's been ripped off by EE.

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
Dazzlinglemontango05/12/2018 17:34

What's the best course of action?


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.
deleted108021505/12/2018 22:19

£20 for 20gb isn't bad. Not brilliant but no need to hang your head in …£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.
AndyRoyd05/12/2018 23:52

Contact EE by chat or phone (repeat: by chat or phone). See if the …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.


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.
I understand where the argument against claiming it as ripping off but you get the same exact service run through a third party on ee network, there has been some question marks if its not the same however...

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
AndyRoyd05/12/2018 23:52

Contact EE by chat or phone (repeat: by chat or phone). See if the …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.


rimalpatel00706/12/2018 07:23

Agree call them on the phone and explain the situation. Most likely they …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.


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.
AndyRoyd06/12/2018 12:52

No, I advocate not explaining the situation to EE on the phone. The whole …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
rimalpatel0071 h, 4 m ago

14 days cooling off period does not apply here, it's in the terms and …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


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.
AndyRoyd06/12/2018 13:03

Comment deleted


This will not work. Handset contract will revert back to the SIMO deal from the store.
rimalpatel00754 m ago

This will not work. Handset contract will revert back to the SIMO deal …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 by: ".MUFC." 6th Dec 2018
rimalpatel0075 h, 55 m ago

This will not work. Handset contract will revert back to the SIMO deal …This will not work. Handset contract will revert back to the SIMO deal from the store.


Absolute tosh! There is no t&c nor legal route for a service provider to exhume a defunct contract.
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