@ee Advised to take out second monthly contract due to faulty phone **Resolved**

[RT1970]

Hello everyone - I'm looking for some recommendations following a problem with an EE contract and phone.

 

This is the current situation:

 

• My partner has a monthly contract with EE.
  
• Her phone stopped working so she took it in for repair under warranty.
  
• When it came back it was reported to be unrepairable due to water damage, even though it has been nowhere near water.
  
• She asked if she could buy a replacement phone to use with the existing monthly contract and was told by the guy in the EE shop that there was no way to do this because EE only sold phones for PAYG purposes not for monthly contracts.
  
• She was advised that the only way to solve the problem was to take out a second monthly contract to run concurrently with the first one, and let the first contract run out in due course. The second contract would come with a new phone.
  
• She felt pressured into doing this because she needed a working phone that day.
  

 

My questions:

• Is it really not possible to buy a replacement phone from EE for a monthly contract? To be clear, she wasn't expecting a freebie and was willing to pay for the new phone.
  
• Even if for some reason it isn't possible to buy a replacement phone for a monthly contract, surely she could buy a PAYG phone from them and just transfer the 'monthly' SIM card?
  
• Is it usual practice for EE staff to advise customers to take out concurrent contracts? Isn't this mis-selling?
  
• Can we cancel the contract under the terms of the cooling off period?
  

 

Thanks in advance

[fkofilee]

SImply, yes she can buy a PAYG phone and just chuck the SIM Card in there.

When was the contract taken out. Also how long had the previous contract run for before the phone was faulty.

[RT1970]

Thanks for the quick reply!

 

The second contract was taken out in store 3 days ago but it seems that cooling off period does not apply to in store sales.

 

However, I really feel that the advice she was given was misleading - she was told she could not buy a PAYG phone and put the monthly SIM in it and that the only solutions were to take out a second contract or to buy a phone somewhere else (Carphone Warehouse was mentioned, but there was no branch in the same town). So I think this counts as mis-selling and she should be able to cancel for this reason. I will find out how long the first contract has been in force and will get back to you. But currently she is paying for two concurrent contracts.

[martin2006]

She can cancel the 2nd one within 14 days.

You can of course by a payg fone from anywhere you like as long as its an EE or unlocked fone.

 

The shop are talking utter rubbish

[*RainbowTears*]

She can cancel the 2nd one within 14 days.

You can of course by a payg fone from anywhere you like as long as its an EE or unlocked fone.

 

The shop are talking utter rubbish

 

+1

 

They are indeed talking utter boll ox!!

 

You can use the SIM in any phone whether you buy it from a supermarket to a second hand store....

[RT1970]

Thanks to everyone who contributed to this thread.

 

EE customer services were both candid and useless - the guy on the phone said it was clearly a [problem], probably because the salesperson was on commission, but then advised us to 'contact Ofcom and get a reference number from them to take to the shop' either not knowing or knowing but not caring that Ofcom would only refer us to OSC and they in turn would need a deadlock letter or eight weeks without a resolution.

 

Anyway, we returned to the EE shop and confronted the manager about the second contract. I have to admit I expected him to give us the runaround or refuse to help, but to give credit where due he cancelled the contract straight away. My partner has a new phone from Argos with the original SIM on the original contract, so hopefully that's the end of the matter!

[RT1970]

Are we not allowed to use the S word even if it is direct quote?

[maroondevo52]

Are we not allowed to use the S word even if it is direct quote?

 

Hi,

 

The forum automatically edits certain words.

[martin2006]

Glad you got it resolved and quickly!