They do not accept termination, they say I am liable for £280, ie the full lenght of contract to Jan 2015.
There is a series of events starting December 10th I can go through it if that helps but I guess it's quicker and easier to stick to the specific point of a) when do I have the right to cancel and b) what can I do to defend myself against their corporate assault if they dispute it?
The phone was a regular upgrade, sometime late last summer. The power socket on the phone was broken. They advised via phone on Dec 10th I could post it to them or go in a shop -- I went to two different shops where the service was appalling but I left it at the 2nd and they would only give me some '90s replacement unless I left £60 deposit. I later discovered the phone was set to "emergency calls only". I emailed same day to the "Executive Office" complaining in detail (I earlier had received an apology form the original person I spoke to on the phone) and received a response from an Angie Jones, the head of the executive office, same day (Dec. 10th) saying that she would look into it and get back shortly). I had to travel abroad to my mother's funeral and wasn't sure if the phone fault was temporary. In any case, having heard nothing by January 13th I emailed Angie Jones asking what happened to my phone. Someone called Steven Harrison got back saying basically it was my fault that I hadn't received the msg they allegedly left me to say the phone was ready in the store because I hadn't told them earlier that the phone they provided didn't work -- he said nothing about why they hadn't emailed me as they said they would. They said they couldn't fix the phone but there was a replacement in the store -- I went in on January 16th and the guy said they didn't have it and that I had to wait to speak to the manager because he didn't like my attitude. I left the store, not happy, emailed Steven Harrison and told him to arrange to get the phone to me. He has maintained during the subsequent long email exchange that he is "unable" to get the phone to me and that they have the phone in the store -- where they told me they didn't and got abusive. I have told him that he can either get the phone to me or I cancel -- he has refused to get me the phone so I told him I cancel and canceled my direct debit. He now is threatening to pursue me for the money he claims I owe on the contract and to damage my credit history. I have all the emails in this exchange. ..... All I want is for them to leave me alone.
Well, frankly, I already was planning to make an applicaiton to CISAS but the aforementioned Steven Harrison at EE's Executive Office has refused to supply me with a "deadlock reference", which I understand to be a ploy to maintain his claim that it has to do with "equipment" rather than the service, which is what I'm contracted for. But I maintain that the contract includes supply of the device and they have refused to do that in a reasonable fashion, thus breaching the contract. You have given me some advice about what to do if I want to claim they have falsely reported me to credit agencies -- to be honest that seems like a nightmare route. Isn't there something I should do to support my claim that they have breached the contract?
That'll be -- if you could just refer me to the relevant law re phone contracts. When do I have the right to cancel and what can I do to fight off a giant corporation intent of messing with me?
You only have a legal right to contract if it was concluded by distance.
That would be the 'Distance Selling Regulations'.
If you upgraded going into a shop you have no cooling off period
Does this help?
The upgrade was done over the phone -- the previous phone had broken and I was due for an upgrade. That phone then developed the fault. But anyway, it was way after the cooling off period -- don't I have a right to terminate the contract if they haven't supplied me with a phone in 44 days, offered no apology or compensation, have lied to me about having it in the shope and refused to deliver it to me? Is there no precedent or guidelines for a regular customer terminating a contract against a large corporation? Surely it can't just be that you are always screwed.
Potentially yes there is a claim.
99% of cases are not reported and therefore there may be no precedent
But this is a question and answer site and not designed for in depth research.
Can I help further?
Ok - one last question then. What do I look at in UK Law about this situation? What is the law that governs a contract like this?
Consumer Advice Bureau says
If your service provider breaks their side of the contract, for example, they don't do what is in the terms and conditions, or they don't deliver the service, you may be able to argue that you canrescind the contract. This has the effect of cancelling it without you paying any penalties or charges.
So I'm asking about how it is determined that have the right to RESCIND
Only you can write and rescind it, if it is disputed it will go to Court and a Judge will decide.
But your question was about your credit file and not the law of rescission.
Does that clarify?
I'm trying to take steps to avoid being taken to court over the credit -- that goes on my record. Never mind.
I see you have rated POOR SERVICE
What else would you like to know?