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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My friend has signed up to an EE contract for broadband, tv

Resolved Question:

My friend has signed up to an EE contract for broadband, tv and mobile. She has been told that the TV will work with an internal aerial if she can't afford to have one installed. I don't believe this is true - or at least the service will be very poor. Can she insist on a refund before she tries this out? Any technician I talk to insists that the service will be terrible with an indoor aerial so I believe she has been mis-sold.
Thanks
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long ago did your friend agree to the contract?

Customer: replied 10 months ago.
5 days
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online).

All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s remises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:
• Contracts entered on the trader’s premises - http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made
• Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions. The statutory cancellation periods are as follows:
• Services – 14 days after the day the contract was entered into

The above cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.

So if she entered into the contract online, over the phone or at her own home, then she can cancel within 14 days. If she entered into it in the company’s trading premises, like a shop of theirs, then she gets no cancellation rights. However, with some persuasion and taking this matter higher up the complaints chain in the company, she could get them to agree to a cancellation as they would not usually want a reluctant and unhappy client, who could cause them more issues down the line.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 10 months ago.
Thanks. To be clear, she signed up in person at an EE shop so no 'cooling off' period.. But I was hoping that the fact that they have misrepresented their services would allow her to cancel? She was told she can use an indoor aerial. The service with an indoor aerial will be terrible, if not unusable. Does that change anything?
Expert:  Ben Jones replied 9 months ago.

It may but probably not until she tries it. So far she is going opinion by others, she has not actually tried it. What level of quality she gets will depend on the area she lives in, the location of the TV mats, etc. So perhaps it is best for her to try it first before she tries to claim misrepresentation. Hope this clarifies?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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