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EE Sold Me a Phone That Never Worked Then Used Data Protection to stop me resolving

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I’ve never needed a mobile phone except when travelling up north to see my mum who’s in a care home.

Just before Christmas 2014 I got a mobile phone from EE so I could stay in touch with work, etc., while visiting my mum.

 

When I set it up it was clear that it didn’t work.

I tried all sorts of things and it still wouldn’t work.

But I forgot about it for a few days.

 

When I got back after Christmas I decided to phone EE and tell them that it didn’t work.

The problem was that they said I didn’t pass the security questions;

as a result I could not speak to anyone.

Couldn’t report that my mobile didn’t work!

 

The weeks went on and I made other calls to EE, but was told each time that I had failed the security questions.

Meanwhile, of course, I was paying for this non-working phone every month by direct debit (or standing order, I forget which).

 

This went on for month after month, and still I was paying for a service which didn’t work with no way of getting the issue resolved.

It was such a small matter (as I never need to use my mobile except at Christmas when I am away with family) it was out of my mind for 99% of the time.

 

Eventually I reasoned that I was going to be paying for this broken thing for years

– and they were never going to listen to me because they would always say that I had failed the security questions.

 

I took the only option which was then open to me.

I cancelled the monthly payment to EE.

 

Now things actually made sense, and at last I was not paying regularly for something that had never worked.

 

At this point let me be clear about something.

I could install apps on the phone and I could use it for playing solitaire and other stuff like that.

But I could not do what you are expected to be able to do with a phone, i.e. communicate.

 

EE themselves will be aware, as they would have access to such data, that:

 

Number of phone call I made while in that contract = 0

 

Number of phone calls I received while in that contract = 0

 

Number of text messages I sent while in that contract = 0

 

Number of text messages I received while in that contract = 0

 

That is the level of service I was getting from my EE mobile phone.

 

In the meantime I had paid over £650 for this nonsense.

 

I phoned EE again.

again I was told that I had not passed the security questions.

But by this time I was aware that the operator at the other end was reading a large amount of text which had been written on my account,

EE was obviously well aware of the issue.

Also EE would have been aware of the 0 calls and 0 SMS aspect of my strange account.

 

It’s just that they obviously didn’t give a monkey’s.

 

I asked how I could resolve this.

How could I prove my identity?

I was told to go to my local EE store with some ID and I would be given a password which I could use in subsequent phone calls to the help centre.

 

I did.

 

I phoned EE with my new password and asked for my money back.

I was put on hold for several minutes and then told that the account had been passed to the Collections department as it was in arrears (of course they would have been flagged as in arrears: the only way to stop being mugged every month was to cancel the monthly debit!).

 

(Oh yes, and to add insult to injury, because of the misperception that I was in the wrong EE was allowed to put a black mark against my credit rating.

I also had debt collectors writing to me. But I was able to explain to the debt collections agency what had happened and they just dropped the case against me immediately- no excuse with security questions there:

I just TALKED to them and they LISTENED! It's what people do.)

 

The person I spoke to in the Collections department acted exactly as Collections people behave and said that I could not have my money back.

When I explained that consumer law was on my side he said that I had “failed data protection laws”.

I reminded him that data protection laws were there to protect consumers, not corporations who sought to rip consumers off as EE was obviously very keen to do to me.

 

I also said that I wanted EE to delete the black mark that they had put against my credit rating.

Characteristically he said that he couldn’t do that either, again, because I had “failed data protection laws”.

EE is yet another company who uses data protection laws to their own advantage; to clobber consumers with them!

 

I wonder if anyone else has been treated in this way by EE or another supplier.

I’m also wondering how to get my money back

– and to clear up my credit rating

– from such a bunch of intractable people.

Edited by dx100uk
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You had “failed data protection laws”...thats a new one....wonder if he could quantify how ?

 

Issue a small court claim for the full amount you are out of pocket and that they remove their adverse data from your CRAs.

 

Thread title amended

 

 

Andy


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what about doing a dd guarantee clawback?


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I suggest that you begin by sending them an SAR so that you can get all the data they hold on you – especially records of all the calls you have made. This will take 30 days.

 

Once you have the evidence of what you say and that they are fully informed then the only thing to do for a quick remedy which will also clean up your credit file will be to sue them in the County Court for all of your money back plus compensation.

 

I suggest you send the SAR off today and then come back here when you get the result and we will help you do the rest. In the meantime read up about bringing small claims in the County Court. It's not difficult. It's cheap. On the basis of what you tell us, it's completely risk-free and your chances of success are better than 95%.

 

Of course, once you issue the papers they will then start to look at the problem and they will try to buy you off. I suggest that you stick by your guns and refuse all offers and go to judgement. Once you have this, then everything else should be reasonably easy to sort out. You should also be up to get compensation for breach of your data protection rights. We will help you.


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Thanks for very useful suggestions and advice. One of the problems about being fobbed off by Collections people is that they tend to sound so plausable.

 

 

"so that you can get all the data they hold on you – especially records of all the calls you have made."

Perhaps I should have made it clearer that the calls i made to them were from my landline,

as my mobile phone was useless for making and receiving calls and text messages, of course.

"All the calls you have made" from the mobile = 0.

Edited by dx100uk
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Yes but you told us that they were reading from a stack of screen notes so they clearly have some records. You need to get all of the records. Then come back here


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Why did you fail security questions

1st pet

Mothers maiden name

Town your born

1st car.

 

Its ot the sort of things you forget

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Yes, which is why I was surprised that I failed the security questions every time.

They seemed to have a rolling series of questions whose order and presence was randomised.

it is even more surprising that, in such a randomised sequence, I failed the questions every time.

 

I have an interest in statistics and that is not the kind of thing that happens when encountered randomly

- unless the whole thing is rigged or in some way skewed so that the security sequence is always failed.

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they have misapplied the account and someone elses questions and answers are being used.

You need to get the SAR sent off pronto

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Right, I've tried to get the name and address of EE's Dtata Controller and I can't find it anywhere.

 

 

I've even had an interesting online chat with EE and the person I waas chatting to was most evasive. He refused to tell me!

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FCA register on their website


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Right, I've tried to get the name and address of EE's Dtata Controller and I can't find it anywhere.

 

 

I've even had an interesting online chat with EE and the person I waas chatting to was most evasive. He refused to tell me!

 

Did you record the call?


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EE obviously instruct their chat people not to tell anyone the identity of their Data Controller.

 

 

Here's the conversation I just had using the online chat facility on the EE website:

 

 

(Names are disguised tomprotect the guilty).

 

 

Info

at 16:31, Jul 2:

Thank you for choosing to chat with us. An agent will be with you shortly.

Info

at 16:31, Jul 2:

You are now chatting with EE Man.

EE Man

at 16:31, Jul 2:

Hi, welcome to EE, the UK's biggest and fastest network. I'm EE Man on EE Service Chat in Tyneside. How may I help you today?

Me

at 16:32, Jul 2:

Hi. What is the name and address of the EE Data Controller.

EE Man

at 16:33, Jul 2:

we don't really have data controller Me, how can I help?

Me

at 16:33, Jul 2:

You must have a Data Controller by law.

Me

at 16:34, Jul 2:

So what is the name and address of the EE Data Controller.

Me

at 16:34, Jul 2:

Believe me, you won't be able to help me with what I want!

EE Man

at 16:35, Jul 2:

Ok let meask for you Me

 

You ask away, EE Man.

EE Man

at 16:37, Jul 2:

ok in order to try and direct you to the correct dept I will need some more info. is it for data usage or protection of your data?

Me

at 16:38, Jul 2:

Come on ,EE Man. You only have one Data Controller.

Me

at 16:38, Jul 2:

The ICO will want to know why you are being so evasive....

 

EE Man

at 16:40, Jul 2:

I have asked my manager we need more clarification on this is could be to do with info on your account request, the new eu data protection or the data you use on your phone? there will be different departments for each request

Me

at 16:40, Jul 2:

EE Man, you disappoint me.

Me

at 16:41, Jul 2:

Are you really refusing to tell me what I have a right to know under the new EU data protection law, or are you using it to hide behind?

Me

at 16:42, Jul 2:

If the latter, then the IOC will CERTAINLY be interested to hear all about it, EE Man.

 

EE Man

at 16:43, Jul 2:

am not refusing just trying to get you too the righ place and help you.

Me

at 16:43, Jul 2:

I'm glad to hear it, EE Man! Let's hope you do it sooner rather than later.

EE Man

at 16:43, Jul 2:

I need more information so I can guide you to the correct place or even try help you myself just trying to do my job Me

 

EE Man

at 16:43, Jul 2:

I need more information so I can guide you to the correct place or even try help you myself just trying to do my job Me

Me

at 16:44, Jul 2:

EE Man, you do your job by following the rules.

EE Man

at 16:44, Jul 2:

I have even asked my manager and they have said to ask for more information so we can see what information you need

Me

at 16:45, Jul 2:

Perhaps I need to speak to your manager. I'd hate it if I got you into trouble.

 

Me

at 16:46, Jul 2:

And I have already told you what information I need, as you well know, EE Man.

 

EE Man

at 16:46, Jul 2:

ok I will bare with me

Me

at 16:47, Jul 2:

I hope not!

Me

at 16:47, Jul 2:

"Bear" with you, perhaps.

 

EE Man

at 16:49, Jul 2:

ok so we will need to verify the account for you first

EE Man

at 16:49, Jul 2:

can I take the mobile number please Me?

Me

at 16:49, Jul 2:

No, you just tell me the name and address of the EE Data Controller.

Me

at 16:50, Jul 2:

My account details have no bearing on the name and address of the EE Data Controller.

 

Me

at 16:51, Jul 2:

EE Man, you disappoint me. You are being extremely evasive. You do know that refusing to tell me this is an offence, don't you?

EE Man

at 16:51, Jul 2:

We don't have that information we do have the complaints team you can get in touch with at www.ee.co.uk who will be more then happy to help you out

Me

at 16:52, Jul 2:

If you don't have that information then that is ALSO a criminal offence.

Me

at 16:53, Jul 2:

Would you like to have another think about it before I take this straight to the ICO?

 

EE Man

at 16:54, Jul 2:

I have offered my help, any more information is on the ee website that you need to get in touch with us. I have talkd to 2 managers we need more information from you before we can continue to help you

Me

at 16:54, Jul 2:

You have just committed an offence under at least two consumer laws.

Me

at 16:55, Jul 2:

Goodbye, EE Man. And thank you for confirming what I already suspected. The ICO will be most interested to open yet another file on EE.

 

---------------------------

 

Me

at 16:54, Jul 2:

You have just committed an offence under at least two consumer laws.

Me

at 16:55, Jul 2:

Goodbye, EE Man. And thank you for confirming what I already suspected. The ICO will be most interested to open yet another file on EE.

 

EE Man

at 16:58, Jul 2:

Sorry this is how you feel Me, I wouldn't be able to help you any further with relevant information to help you get to the right place. Any information you can visit the ee website

Me

at 16:59, Jul 2:

EE Man, how I 'feel' is irrelevant. You have just broken the law and now you will be punished. Simple.

EE Man

at 16:59, Jul 2:

without*

Me

at 16:59, Jul 2:

EE Man, I am already ON the EE website! And you have refused to tell me! No there's no use directing me to the EE website, is there?

EE Man

at 17:00, Jul 2:

I have asked information and help from my mangers this is what they have advised me

Me

at 17:00, Jul 2:

That doesn't surprise me, EE Man. They are well in it!

Me

at 17:00, Jul 2:

Don't worry about it. You're not to blame.

Me

at 17:01, Jul 2:

Well, I'll have to leave it there. Nice chatting to you!

Me

at 17:01, Jul 2:

*Mission accomplished*

 

 

EE Man

at 17:02, Jul 2:

Sorry I couldn't help further Me, take care enjoy your day

Me

at 17:02, Jul 2:

Oh, I will!

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So now just send them the SAR - to their head office marked for the Data Controller. Send it recorded


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yes

 

I can't find the address of their head office.

Their website doesn't say.

It has several different locations but none of them have an actual address.

 

But here's something interesting: EE is now part of BT.

 

The guilt is componded!

 

I've just tried their chat again, as there is no head office address anywhere on their site.

 

The chat person this time gave the head office address as:

 

EE Customer Administration

6 Camberwell Way

Doxford Technology Park

Doxford

Sunderland

SR3 3XN

 

But that doesn't sound like a head office to me....

Edited by dx100uk
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You being obstructive and from reading the convo quite rude in places.

I would of terminated the call

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How am I being rude? Be specific please.

 

It was not a call; it was an online chat via a 'chat window utility'.

 

How am I being obstructive?

Again, be as specific as you like.

 

It is EE who are being obstructive.

I simply wanted to know the name and address of the EE data controller

- as is my legal right - and EE refused at several points to tell me.

 

how does that make ME obstructive?

 

sgtbush, if you're worried about forms of address, I deleted the operator's actual name to disguise his identity, as a courtesy, and I substituted it with 'EE Man'.

 

You don't think I actually called him EE Man throughout, do you?

Edited by dx100uk
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Because their is a difference between data processors and data controllers.

The data controller could be a department within EE as they are so large.

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And I've just re read it.

Your so passive aggressive in chat.

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How does that make me rude and obstructive?

 

I asked a simple question which anyone who is working for a company should know the answer to

- the address of that company's data controller.

This is an obligation under at least two sets of consumer and data protection laws.

It wasn't as if I was asking an impossible question.

 

Have a look again at the dialogue.

Instead of answering a simple question which I had a legal right to ask, all I got was stonewalling and obfuscation.

He had obviously been briefed by his managers (and probably his trainers as well, as his response was uncannily similar to the response given to me over the phone by the fellow in the Collections department) to keep me in the dark.

 

Notice his tendency to refer me to the EE website, where I was already!

The information I sought was not on the website which is why I had to use the chat facility.

 

This issue has been going on for years, and I have been met with the same obstruction and doubletalk from EE.

Read the whole thread again, if you please.

 

I ask again: How does that make me rude and obstructive?

Take as long as you like... but I believe you need to backup your position here.

Edited by dx100uk
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I'll qoute your "chat" when I'm not on my Mobil phone and on my pc.

Its easier to multi quote.

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From the ICO website.

 

The Data Controller for EE can be contacted at...

 

The Data Controller.

EE

Trident Place

Mosquito Way

Hatfield

Hertfordshire

AL10 9BW

 

https://ico.org.uk/ESDWebPages/Entry/Z7510687


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Thanks, DragonFly1967, that's really helpful. I thought there was something a bit wrong with the Sunderland address!

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Hi

Things seen in text can be interpreted in various ways so it's understandable that some people will see rudeness and others will see sarcasm so don't be offended by comments made by others.

 

 

The fact of the matter is that you do not need the name of the Data Controller. All you need to do is address your letter (SAR) to The Data Controller at the company's head office. It will still get to where it's needed and you can start the clock on the 30 days the day after delivery which you will know as you are going to send it Signed For Delivery. They can't then deny they haven't received it.


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Thanks, Silverfox1961. I sent the SAR Signed For Delivery today so it will get to EE's head office tomorrow.

 

 

The clock starts ticking down to 30 days from tomorrow, 4 July.

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