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