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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I feel my Mobile Phone contract has been breached, and I am

Resolved Question:

I feel my Mobile Phone contract has been breached, and I am seeking for a termination.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I Sent an e-mail addressing my concerns to EE's Complaints department the e-mail is this.Date Thursday, 3 September, 2015 - 22:29Details
Title: MrFirst name: GarethLast name: SturmanYour account number: 115.......What is your problem about? SalesPlease give us more details:
I Started my Contract via "Phones 4 U" on behalf of EE on 24th/06/14, I was told by the salesman named Liam M at the Phones 4 U store that there is a Policy called Network Migration.He said That there is a network migration policy and that after the first " 12 Months " I can reduce my tariff to " at least half price ".I Have the actual wording of the " Policy " typed out on my Contract.For Reference it states;"The tariff selected cannot be reduced by the network or phones 4 u within the first 12 months at the connection date. after this time the network will allow one tariff decrease to the next available non-promotional tariff for the remainder of the contracted period."I Have Spoken twice to two of your Chat Representatives and Both have told me it is not EE Policy to reduce my tariff at all for the whole 24 month period.I Am Unhappy about this as I would NOT have Agreed to this contract if I knew I could not reduce the cost at all for the whole 24 month period.This is a clear Misrepresentation and mis-selling of the EE contract..What I want is a Termination of my Contract through Breach of Contract with no Termination Fee Liable to me, the customer.I Am writing this as a first point of complaint and I will take this further to Ofcom and get independent advice if I feel my complaint has not been resolved within reasonable time.Thankyou.Gareth SturmanPreferred contact number: 01........Your mobile number: 078.........Your postcode: .........Email address: *****@******.***Is your plan with EE, Orange or T-Mobile? EEEND OF DETAILSThis was the reply I got...Good Afternoon Mr Sturman,Re: EE mobile number 07........Thank you for your email dated 3 September 2015. I appreciate the time you have taken to write to me regarding your account. I am grateful for the opportunity to address your query.I was sorry to hear there has been some confusion regarding our policy of downgrading tariffs. The Terms and Conditions that accompanied your agreement when you renewed your deal with EE via Phones 4U are the ones that govern each party?s obligations to each other; in this case you and EE. This document is from EE. The physical contract that you signed and agreed with Phones 4U is retained by Phones 4U. Phones 4U are responsible for upholding any addendums or alterations to the contract that are not in line with the network?s (EE?s) policies and procedures.EE?s stance on changing price plans is that you are permitted to increase your tariff at any time during your agreement, however it is not permitted to be lowered until the last month of your commitment.In scenarios such as this, we would refer your complaint back to the original point of sale; Phones 4U. However, as you may or may not be aware, Phones 4U went into administration in 2014. Any queries should be directed towards their administrators; PwC.Personally, I believe that your complaint would not be addressed fully if you contacted the administrators of Phones 4U due to the amount of time that has passed, and you may not achieve the desired outcome. Therefore, as a goodwill gesture, I would be happy to waive our policy on this occasion as a goodwill gesture and allow you to move down to the next available price plan step, which in your case is the following:Tariff: EE Extra 2GB
Cost: GBP 39.99 inc VAT per month
Minutes: 1000 to UK mobiles and landlines beginning with 01, 02 and 03.
Texts: Unlimited to UK mobiles and landlines beginning with 01, 02 and 03.
Data: 2GB with access to double speed 4G where availableTariff changes take effect from the next billing date. Your bills are produced on the 26th of every month, so if you would like to proceed with this, please let me know well in advance of your next bill date.Thank you once more for your email Mr Sturman. I hope I have addressed your concerns whilst clarifying our position regarding your query. I hope the solution I have offered is amicable.I look forward to receiving your reply.
Kindd regards,Chris Higgins
Customer Relations
Customer: replied 1 year ago.
This is not the resolution I am looking for. am I within my rights to Terminate my contract?
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is it in writing you could downgrade?
Customer: replied 1 year ago.
On My Contract Typed out.
Expert:  Ash replied 1 year ago.
Then in that case they MUST let you. If they refuse then you can complain to the Ombudsman. They offer a free, independent service at:
http://www.ombudsman-services.org/communications.html
If that does not work then you can issue proceedings. You would need to use form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court will list the matter for hearing and decide whether to make them allow you out of the contract.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
In the reply e-mail I received they offered me a reduction to my plan, which is what I wanted originally after 12 months. Now it's been longer than that do I have the right to terminate the service due to mis-selling. Which after being disappointed by being misled originally I no longer feel like the reduction offered is a justifiable offer. Thanks for the reply
Expert:  Ash replied 1 year ago.
Yes you do!
Alex
Customer: replied 1 year ago.
Thank-you, how would I word a reply to explain this please if you could?
Expert:  Ash replied 1 year ago.
I would just reply back and say they are in breach of contract by misrepresentation and you should be allowed to leave
Does that help?
Alex
Customer: replied 1 year ago.
Yes, Thank-you.
Expert:  Ash replied 1 year ago.
Good luck with this!
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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