Do Phone Companies Have To Honour Their Mistake? Please Help If You Can.

[Lifes4living]

Hi, i took out a contract with ee which i then had 2nd thoughts about when i lost my job, i phoned customer support to ask about sending the phone back during the 2 week grace period but instead made a deal with one of the advisors who gave me a good deal 20% off the contract. I'm not good with maths so jumped at the chance to only pay £40 pm for a great deal.

Before yesterday off chance i phoned ee to see when my 1st bill was due and how much it was, i was then told 29th and £50! I then had a conversation with them and told them as they record the conversation to go and listen and it will prove i was told/promised £40pm, they said they would and then phone me back.

They didn't and i had to chase them. The cs advisor tried to wriggle out of it saying maybe they meant £40pm temporarily as i was going through hardship and i said no i took the contract under the fact that i was told that it would be £40pm throughout (24 month contract)
They then listened to the recording , seen i was right and then phoned me back and said the best they can do is give me 6 months at £40pm and then the duration for £50pm and if i didn't like it i could send back the phone and they would still accept it.

I told them that i had spent x amount on the latest headphones and accessories as i though the phone was mine and would they also reimburse me for the accessories and the answer was obviously no, i then asked that could they insure my phone or give me half price and again no.

The final word was either accept the £40pm for 6 months afterwich it goes up to £50pm, send back the phone or we will have to go through the necessary channels.

Do they have to honour their promise?

Should i accept or fight?

Are they in the wron, if so what should i do?

Ta in advance, they're going to phone me soon so would love some advice from a legal perspective as i'm totally out of my depth seeing it's me against a billion dollar global goliath.

[Lifes4living]

Just to add the original customer advisor added the % off the new contract and made a miscalculation hence me jumping at the chance and ee's refusal to honor that mistake not that i knew it was a mistake at the time on their part, sorry for any confusion.

[bednobs]

Just send it back. Or pay the 50 pounds. If forty pounds is a great deal then fifty isn't that much different

[Lifes4living]

Are they not obligated to give what was offered via the verbal contract even though it was a mistake on their part?

When i took out a contract and then tried to leave they wouldn't let me!

[Zacs-Master]

You said 'i phoned customer support to ask about sending the phone back during the 2 week grace period but instead made a deal with one of the advisors'

That was your choice not to leave.

If there's no record of the 'contract' then it's your word against theirs.

[Peter Pedant]

good some one else had had a go
send the phone back - future cost zero - and mention that they promised £40 - it was £50 and that this was misrepresentation which caused you to enter the contract
( the little known Misrepresentation Act 1967 allows you to unwind a contract under these cirucmstances)
and only buy burners ....
ee are pretty terrible....

[Peter Pedant]

oh you want them to honour a contract
erm no if you are short of cash I would negotiate a send-back and leave well alone

leave aside thoughts of 'they tried to scrow me and now I gonna scrow them - never works)

[Bazile]

Doesn't sound as if you can really afford this contract .

Why not just send it back and take some time to consider your situation

[Zacs-Master]

PP, the Op seems to have cooked their own goose here as the Misrepresentation Act states 'If you chose to continue with the contract although you were aware of the misrepresentation you will not be able to end the contract or claim damages'

[Donquixote]

Much in the same way that you have a 14 day cooling off period in which to cancel any agreed contract without incurring a penalty, I should imagine that they reserve the right to do the same in reverse. They should have emailed or posted out the terms of your newly agreed (£40/pm) contract to you, so I'd check the small print carefully.

[Peter Pedant]

thx ZM
not often used because people want to vary the contract and not unwind it
( hem hem I am aware of the irony in this problem)