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EE mis-selling


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Hi all,

 

Please bare with me, this is a long one. But I was looking for a bit of help.

 

I've been mis-sold a sim card by EE. A few months ago I received a call from someone claiming to be from Orange asking if I was getting the most out of the services available to me etc. They mentioned about moving on to EE for 4G signal etc but at the same price as I was paying at Orange. This confused me a little as I believed they were the same company? I said I would hold off on this as I use Dial a Phone I wanted to see if this would affect my cashback. Anyway, a month or so later I received a sim card in the post, which I presumed that Orange had changed their name to EE and a new sim card was needed. I put this in my phone and rang my girlfriend and the number that rang was my own number, so I thought nothing of it and have been using that sim for 2 months or so. Yesterday however, I received a letter from Orange stating that I owed them £11.25. I called them immediately and explained the situation, they advised that Orange/EE are two separate companies and that I must have signed up to an EE sim card somewhere. I advised that I didn't and was told to contact EE to make a complaint, but I paid the £11.25 there and then to avoid anything affecting credit file etc.

 

I called EE and requested to log a complaint with them. The agent I spoke with 'Dawn'was lovely and really understood my concerns etc and took all my details. She credited my account by the £11.25 but I realised that this sim was an 18 month sim, so I queried if this now extended my contract. Dawn advised it had, but quickly rectified this by taking the additional 2 months away from my contract and they would give feedback to the persons TL and remove any sales fee's due to him. I stated that although I was happy with what Dawn had done for me I still wanted to take this further as this should never have happened in the first place.

 

To be fair to EE other than the obvious initial "sale", their customer service has been really good but I didn't want them to just sweep this under the carpet and I wanted a full, written response and explanation as to what has happened here.

 

I still haven't had a chance to find out about my cashback with Dialaphone so I just hope that this doesn't come back to bite me, especially when its through no fault of my own!

 

Does anyone know my rights here? is this contract now technically null and void?

 

Any help would be greatly appreciated.

 

Thanks,

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Having seen all of the EE logos on the Orange website it is difficult not to be confused.

 

I think that I would have made the same assumptions that you did, especially as my Orange phone says EE as the service provider & I received many texts from them about their wonderful new company.

 

As you didn't request the new sim and they seem to be taking advantage of the confusion about the company name, I think that you have an extremely good case. All you need now is a plan and your next step!

 

I would write to both EE & Orange and demand a resolution that suits you

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Thanks for your reply 2Grumpy.

 

I've logged a complaint with EE as at the end of the day, if they are a separate entity to Orange, it was them that did the 'mis-selling' and not Orange. However, whilst on the phone to EE, the lady I spoke with pulled up my Orange contract and was able to see exactly when the contract started and did the necessary amendments to my contract so this again is confusing.

 

Update - I've now spoke with Dialaphone who have confirmed that this will affect my cashback as it the bills that you send in, need to be from the original contract provider!!

 

I furious now as I'm sure you could understand. I've raised a complaint over the phone to which I had a response that someone would "call me back" but nothings happened since.

 

I think I may need to take heed of the advice given above and send a letter to both Orange and EE to log a formal complaint.

Edited by newportstu
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When I log into my orange account, it says at the top:

 

"orange, brought to you by ee"

 

and the EE homepage has orange & TMobile logos

 

Orange / TMobile / EE are the same company

 

Really you have been "slammed" - like energy company sales people asking you to switch to them & then proceeding to do the switch after you say no.

 

Complain loudly to EE for recompense for your losses (cashback and contract that you didn't want and didn't agree to and possibly early termination charges from Orange) and to Orange for transferring your number to EE without your authorization

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Exactly my point 2Grumpy. They claim to be separate entities (when it suits them)yet their branding is everywhere together. Another confusing aspect is what was traditionally "Orange Wednesdays" at the cinema is now "EE Wednesday" and even at Glastonbury festival they have a charge tent that was always by Orange, but this year its was EE.

 

I didn't think to contact Orange to pursue the matter of transferring my number without authorisation and I'll certainly now be going down that avenue. Though I'd hazard a guess that they'll simply pass this back off as an EE issue.

 

To be honest I wasn't initially going to pursue the fact about compensation but I believe this is definitely something that I will pursue going forward. Simply as this now has the potential to seriously hit me in my pocket. I suspect all that they would do is swap me back to Orange, which isn't something that I want to happen really as I've now got used to EE's services and 4G signal etc plus Dialaphone may still not pay out on cashback as the contract hasn't been maintained with Orange for the full 18months.

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Nearly a week on since I sent the complaint letter and even though the EE complaints code of practice on their website says "We’ll acknowledge receipt of your letter by sending you a text message on day of receipt", I've checked Royal Mail Track & Trace and my letter was signed for on 24th July 2013 alas no text message.

 

I sent the letter to the following address;

 

The Complaint Investigations Team

EE

6 Camberwell Way

Sunderland

Tyne and Wear

SR3 3XN

 

Anyone know how long it takes for EE to usually acknowledge a complaint?

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  • 2 weeks later...

I'm still yet to receive an acknowledgement of my complaint, even though the letter was signed for on the 24th July.

 

Does anyone know where I stand on this? Would it be worth sending a chaser letter or simply wait the full 8 weeks for resolution?

 

Thanks

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  • 3 weeks later...

* Update *

 

EE called me and advised that they would be crediting my account with £123.00 if I would accept that as the resolution to the complaint. I declined (my cashback is more than that!). I requested for the complaint to be escalated.

 

I received a letter a few days ago from them. EE have just fobbed me off with what looks like a standard letter (its not even been signed, its a photocopy signature!). See below;

 

image.jpg

 

Now this looks to me as if EE are just trying to pass the buck. I don't know what third party company they are in reference too but theres been some serious mis-selling going on here at EE and they are either aware of it and are burying the head in the sand or just shunning responsibility with a 'prove it' type letter.

 

So angry its unbelievable! :-x

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1st thing I would be doing is getting all the data on this in writing. Send them a SAR and a £10 cheque / postal order. (the word SAR is a link, click on it)

Send them a separate letter and tell them that you want to escalate this to the regulator, and can they issue you with a DEADLOCK letter if they are not prepared to offer the full cash back. I would also say that you think they are complicit in a crime and you are considering reporting this as a crime to www.actionfraud.police.uk

 

I would make it clear to EE that you will not tolerate being out of pocket due to one of their sales teams or one of the companies that they subcontracted work out to, and you will take this further until you receive the payment in full as well as refund of your SAR fee and compensation for your time wasted.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Thank you for your response and advice locutus. I have now drafted up a letter as advised in your post and I will send this off today. I will let you know of their response.

 

Thanks again

 

Stu

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