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Hi

As you may have seen my old thread I am planning to take legal proceedings against EE.

 

I am in the process of drafting a LBA letter.

 

 

My question is

 

 

EE know I have been authorised by the account holder (my sister) to be the complaint dealer

and be the main source of contact.

 

 

I have been dealing with this complaint.

So in the LBA letter, do i mention the account holder's name or my name.

Also note I am the bill payer on the account too.

 

My sister has also drafted and printed out an authorisation letter that mentions she gives me the authority

to deal with this and is signed by her.

 

 

So in LBA letter, overall do I put my name or my sister's name.

 

 

In any case i will send them the authorisation letter.

 

Thank you

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Any action will have to be in your sisters name.

However it would be best if you told us the story first


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Any action will have to be in your sisters name.

However it would be best if you told us the story first

 

Story is...

Last October when I upgraded my phone. I cancelled my old iPad contract. But EE still continued to charge me for 4 months despite me cancelling it.

 

2) EE put wrong default on my sister's credit file despite every bill paid on time. They said they put the default by mistake as they didn't close the account properly. Default has been there for 2 years. Removal of default has been authorised by EE.

 

3) I get no reception, signal and coverage from EE since i upgraded.

 

4) Finally, EE's customer relations head accepted these problems and decided to terminate the contract immediately. I would have paid the final £119 balance. However the next day she rang me and said "Sorry I apologise I forgot to tell you that I can't close your account until you return the handset. This was never discussed in the first place.

 

My sister authorised EE that I will be handling the complaint etc. So EE know and they are in contact with me. So this Lba letter, does it have to be under my sister's name or can it be both us? As I am a secondary and bill payer on the account.

 

My sister has drafted a letter to authorise me etc incase

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I think that there are some separate problems here.

 

I gather that for whatever reason you were unable to get a phone in your own name so your sister helped you by getting one in her name. These arrangements often turn out badly.

 

Firstly EE failed to close down an Ipad contract and billed you for 4 months. Had you paid these 4 months? Are you trying to claim money back?

 

Secondly they defaulted your sister's account - why? is it in respect of the 4 months which you didn't pay?

 

Your poor reception - is this everywhere or just where you live?

 

They want the handset back - which I imagine was nearly new at the time.

 

When did all of this happen?

 

Although your sister may have authorised you to deal with the account, if you sue them it will have to be in your sister's name if it was her account and she will have to conduct the case if it goes to court.

 

There is no doubt that EE will be entitled to the handset although you may be entitled to a small refund for the money that you have paid towards it during the time you have had it.

 

Please can you comment on the points above and give the information I have asked.


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I think that there are some separate problems here.

 

I gather that for whatever reason you were unable to get a phone in your own name so your sister helped you by getting one in her name. These arrangements often turn out badly.

 

Firstly EE failed to close down an Ipad contract and billed you for 4 months. Had you paid these 4 months? Are you trying to claim money back?

 

Secondly they defaulted your sister's account - why? is it in respect of the 4 months which you didn't pay?

 

Your poor reception - is this everywhere or just where you live?

 

They want the handset back - which I imagine was nearly new at the time.

 

When did all of this happen?

 

Although your sister may have authorised you to deal with the account, if you sue them it will have to be in your sister's name if it was her account and she will have to conduct the case if it goes to court.

 

There is no doubt that EE will be entitled to the handset although you may be entitled to a small refund for the money that you have paid towards it during the time you have had it.

 

Please can you comment on the points above and give the information I have asked.

 

My sister was originally a Tmobile customer. She took the contract out in 2010.

 

1) The default was registered when the account was migrated from Tmobile to EE. It was registered in 2014. The reason provided was "As the account wasn't closed properly, the default was registered. I have requested the removal of default(the customer relations head said)". The default wasn't because of ipad. So they registered a wrong default that lasted 2 years. I have voicemail evidence of this.

 

2) Yes they continued to charge me for the iPad wrongly. The advisor said, she looked at the account and it is clear the iPad was cancelled. So i want a full refund of that. It overall adds upto £80.

 

3) I get no reception where I live. Nothing works.

4) I am more than happy to return the handset. But the thing is, this point of returning the handset was never discussed in the initial agreement. The advisor said that she 'forgot' to tell me about this.

 

5) I have been dealing with this complaint through out, i am the bill payer on the account and a secondary account holder. So as I have been dealing with this, when I include all these points in the Lba. I wanted to know does my sister's name goes in or my name.

 

Overall, I am seeking compensation for the wrong default registered and all the stress it caused to the bill payer (me) and my sister.

 

I am seeking full refund of the wrongful iPad charges. I am going to return the handset, but in the letter i will state it is my property and I fully expect to have it back. Finally, immediate termination of the contract and waiving away the final bill.

 

I am more than happy, to ammend this offer if anyone offers me some other advice or suggestion.

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To whom it may concern,

 

I am writing this notice, in order to make you aware of the court proceedings I plan to take. As per the discussions held with Miss A...dated 6th February 2016 in which she accepted all the issues I raised regarding the problems I encountered with EE, but still I haven’t been offered any form of a reasonable solution. Therefore, I write in compliance with the Practice Direction on Pre-Action conduct.

Disputed points:

 

1) EE recording a wrong default on my credit file for 2 years. The following mistake was accepted by Miss A.... The reason she provided was, the account wasn’t closed properly hence the default was recorded by mistake.

 

2) Being wrongfully charged for the iPad contract that I cancelled for 4 months. The stated mistake again accepted by Miss A.

 

3) Not being able to receive any type of phone signal and coverage.

 

4) On 6th February, as mentioned I spoke to Miss A, she offered me the following, that she would close my account with immediate effect and I will receive a final bill that I will pay.

 

I agreed with this conclusion however, on 8th February 2016, early in the morning when I was preparing to go to work Miss A rang me to say, that she apologises that she forgot to mention that in order to cancel the contract I would have to return the handset otherwise I will still be charged.

 

I deem this completely unacceptable as after we agreed on a conclusion on 6th February 2016, why did she ring me again to modify the conclusion.

 

5) This event caused me severe stress and detoriated my health condition.

 

Please note, I still regard the returned handset as MY property. The only reason I am sending is this to avoid the charges. Overall, I have been in severe stress and tension because of these events and the way I have been treated.

 

Ranging from the wrong default being recorded on the credit file to the pathetic service I have received. I am therefore serving you a 14 days’ notice in order to rectify this problem as this is a very straight forwards case otherwise immediate court proceedings will begin.

 

 

The resolution:

1) Miss A, accepted wrong default was recorded by mistake. She said she requested to remove the wrong default. However, that is not enough as because if this error, I have had alot of stress.

 

This has caused me severe stress I fully expect to be compensated the amount of ? because of this huge blunder by EE as well as the wrong default to be removed from the credit file.

 

2) Fully refund the wrongful charges made for the iPad that had been cancelled.

 

3) Immediate termination of the contract with the final balance waived away and waiving the demand for returning the handset as this point was never agreed or mentioned in the agreement made with Miss A on the 6th February 2016.

 

4) Added compensation of ? for for the stressful call made to me on 8th February 2016, even though we agreed to a conclusion on the 6th February 2016.

 

Although, I am open to any other form of a reasonable solution but this should be realistic and reasonable. In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

 

I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

 

Yours faithfully,

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Just to say very quickly that your idea that you can return the phone to them and say that you retain the ownership and that they must give it back to you at some point is nonsense. Sorry.

 

It is meaningless to you and is meaningless to them and it is meaningless to anybody who might have to deal with it.

 

You need to make sure that everything you say is realistic and that you can enforce what you say. Otherwise you will just lose credibility.

 

When you say you are a "secondary account holder", what does that mean? Is that some official status which is recognised by EE? Or is this merely how you describe yourself?

 

Who are the bills addressed to? Have you ever signed a contract in your own name as a secondary account?

 

I would advise you to hold off sending that letter for the moment. I'm very sorry to say but I think that your letters could be structured a little bit more tightly and could be less wordy.

 

But the main thing is that you need to refine your complaint down to issues which are valid and objectives which are achievable

 

Secondly, you are complaining about the reception in your area and you say that nothing works. I'm not sure what the rules are about that kind of thing. Presumably you can go to areas – probably not too far away where you do get reception.

 

I wonder whether when mobile phone contracts are sold, there is any kind of guarantee that it will work at your home address. Maybe someone can comment on this.

 

Finally, you say that you want compensation for the stress that you have suffered as a result of all the problems.

 

I can't say I blame you. I think you are right. However, it is probably not achievable. In this country, damages are only awarded for stress or distress if it can be shown that as a result of that stress you have suffered pecuniary loss. You can then be compensated for that loss.

 

If you have simply suffered stress but it hasn't caused you any loss – such as days off work, cost of treatment, et cetera then I'm afraid that it is almost impossible to get compensation.

 

It is quite unfair and if you are in continental Europe the story would be different but in the UK we have a hard-nosed approach to claims for stress


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Just to say very quickly that your idea that you can return the phone to them and say that you retain the ownership and that they must give it back to you at some point is nonsense. Sorry.

 

It is meaningless to you and is meaningless to them and it is meaningless to anybody who might have to deal with it.

 

You need to make sure that everything you say is realistic and that you can enforce what you say. Otherwise you will just lose credibility.

 

When you say you are a "secondary account holder", what does that mean? Is that some official status which is recognised by EE? Or is this merely how you describe yourself?

 

Who are the bills addressed to? Have you ever signed a contract in your own name as a secondary account?

 

I would advise you to hold off sending that letter for the moment. I'm very sorry to say but I think that your letters could be structured a little bit more tightly and could be less wordy.

 

But the main thing is that you need to refine your complaint down to issues which are valid and objectives which are achievable

 

Secondly, you are complaining about the reception in your area and you say that nothing works. I'm not sure what the rules are about that kind of thing. Presumably you can go to areas – probably not too far away where you do get reception.

 

I wonder whether when mobile phone contracts are sold, there is any kind of guarantee that it will work at your home address. Maybe someone can comment on this.

 

Finally, you say that you want compensation for the stress that you have suffered as a result of all the problems.

 

I can't say I blame you. I think you are right. However, it is probably not achievable. In this country, damages are only awarded for stress or distress if it can be shown that as a result of that stress you have suffered pecuniary loss. You can then be compensated for that loss.

 

If you have simply suffered stress but it hasn't caused you any loss – such as days off work, cost of treatment, et cetera then I'm afraid that it is almost impossible to get compensation.

 

It is quite unfair and if you are in continental Europe the story would be different but in the UK we have a hard-nosed approach to claims for stress

 

The idea isn't nonsense. As I will be sending the phone back to avoid any charges or default. However I will demand the phone back, as this constraint was never mentioned in the initial agreement. It will be useful if you CAREFULLY read the points mentioned in this thread and the previous thread that you closed.

 

I got this advice from a fellow CAG member too. So this isn't 'nonsense' at all. The points mentioned are all achieveable. These issues were not of my making. So therefore all the problems that this has caused needs to be solved appropriately. And yes I am officially a 'named' account holder on the account recognised by EE.

 

I am tired of repeating myself, I have mentioned the details of the problems. So I wont be saying the same things again and again.

 

I will appreciate any constructive suggestions.

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I'm sorry you feel that way.

 

Just because another Cagger made the suggestion, doesn't mean it's right – unfortunately.

 

Anyway I'll step aside and hopefully somebody else can come along and give you better advice than me.


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Solved: £119 waived away (final balance) as a gesture of goodwill.

2) will be discussing compensation once the default is removed with EE

3) account closed immediately. Returning handset on Thursday

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Solved: £119 waived away (final balance) as a gesture of goodwill.

2) will be discussing compensation once the default is removed with EE

3) account closed immediately. Returning handset on Thursday

 

Well done..

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Very good work.

How did you manage it?


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I doubt they have admitted liability, but just a case of going on about it might have drove them mad..

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I doubt they have admitted liability, but just a case of going on about it might have drove them mad..

 

They fully admitted the liability for the wrong default and were more than happy to discuss compensation once it has been removed. And as a gesture of goodwill they waived the final bill away and closed the account. Going to return the handset on Thursday.

 

How did i manage this? Persistence, lots of typing-emails, lots of call etc. I have been on their back to rectify the problems of their own making.

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They fully admitted the liability for the wrong default and were more than happy to discuss compensation once it has been removed. And as a gesture of goodwill they waived the final bill away and closed the account. Going to return the handset on Thursday.

 

How did i manage this? Persistence, lots of typing-emails, lots of call etc. I have been on their back to rectify the problems of their own making.

 

Well done again, it sometimes pays to just keep on going..

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Got a letter from Tmobile;:

 

"final settled bill: incorrect charge -£6.99 on account Congratulations your account is closed"

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Will be discussing compensation with EE as soon as the default is removed.

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Quick update:

Handset successfully sent and received. Got a confirmation call that account has been closed and the final balance is waived away. In addition £177 compensation agreed that will reach my account in 14 days time. And wrong default to be removed.

 

Thank you CAG.

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Just a bit off topic but do you have the email address for EE? I have a wrongly applied Default also and have written numerous emails but have had no response.

 

Thanks

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