I hope that someone can help me clarify a matter and advise on if there is anything I can do.
I have been in a contract with Orange (now EE) for a good few years. In June 2011, I was midway into a contract when I registered a new phone via customer services. It was the Iphone 4 that had been purchased directly from the Apple store and I advised this to the agent I was speaking to. At the time, I was advised that the £6 a month Orange Care would increase to £12 a month as the new handset was a smart phone. Later I found out that the agent I spoke to also put a note on the account to say that the handset is a generic handset. There was no reason for me to question the £12 a month as I was led to believe that my handset was covered.
About 2 weeks ago, I called up EE upgrades to negotiate a new deal for my contract. I told the advisor that I was thinking of buying another handset directly from Apple and was wanting to know the best sim only tariff that they could offer. During the conversation that advisor told me that if I purchased a handset from a third party, in this case Apple, then the EE care would not be valid on it and as it would be classed as a generic handset. I paused and then told her that my current handet is a generic handset and I have been paying the monthly £12. She was not sure why this was and told me that I would need to speak to customer service with regards to it. She also told me that there were notes on the account to state that they were aware that the handset was generic.
I've tried speaking to customer services and feel like I'm being passed from pillar to post. When I eventually spoke to a team leader, he advised that it was wrongly applied and in the event that I needed to make a claim, they would have honoured it.
My gripe is that at the time, the agent knew that the handset was generic and continued to apply the new insurance to my account. Had I been informed of the full facts, that the insurance does not apply to generic handsets, there would be no reason for me to continue paying for Orange insurance? Is this a case of 'misrepresentation'?
Am I right in thinking that the insurance was missold to me? They have admitted that it should not have been added to my account but also that they would not refund me.
What can I do now? Am I entitled to a refund?
Any help would be much appreciated.