EE Breach of Contract

[Ohsoholly]

Hello, I wonder if anyone can help me with this one.

 

I recently took out a 2 year contract with EE for myself and my partner we took a sharer deal which has 2GB of data as standard but at the time due to some hesitation on our part were offered an extra 1GB as an addon for our monthly price of £73.

 

When we took out the contract the sales rep places the addon on the phone on the computer said it was added but that it wouldn't appear on the contract as it was something they 'shouldn't really addon' but we were getting it as an incentive. Since this time we had to return to the store as the addon hadn't been applied. First time back the rep was away and we were told we'd have to wait for her to come back as there was no record other than on her login. We got the gentleman at the time to note down our visit on the contract to show we had returned.

 

We came back a week later to see the original sales rep who had my partner in the store for over an hour while she clicked apply on there spreadsheet for this addon which still never took. Even the manager came out and had a go but he seemed less clued up than her! My partner was told she'd have to email head office and that we'd be called in a weeks time with a update.

 

Three weeks later and we've had no phonecall and after speaking to head office they have no record of any emails or extra data. We are nearly on our 2nd payment for the contract and currently not recieving the data we are paying for! My main concern is that we only have akmowledgments from in store of our agreement and no written confirmation.

 

I intend to return to the store this weekend to query once again where our extra data is but really don't want to be fobbed off again. Where do I stand legally with this as I am paying for something I am not recieving.

 

Many Thanks.

[leonmassey]

You need to look at the copy contract they gave you in store. Exactly the same thing happened to me and my copy contract had the bonus 1Gb data written on it. Be warned that the customer service 150 are not in the same system as the shop. Forget their terms and conditions your agreement in store was made under contract law and it is that they are in breech of as they haven't supplied an agreed condition of sale. You must give them fair opportunity from discovery to rectify their mistake and that isn't the date at the start of the contract it's the date you made them aware of the mistake. I would say 28days would be fair.

[cazzajay]

And even if they recitfy the mistake, I guess they should provide you with an extra data allowance equivalent to the data allowance you were denied during the rectification period (e.g. 28 days of data at an extra 1GB pro rata)