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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I recently got contacted by a 3rd party mobile phone

Customer Question

Hi I recently got contacted by a 3rd party mobile phone provider who told me my phone was due for an upgrade. At this time I was still in a contract with EE. however, they informed me that they could offer me the top of the range new Samsung free of charge and that I would be switching to O2 network. I was a bit baffled to this as I thought I had a long time left on my contract with EE. I was a bit unsure about switching to O2 as I had a very good relationship with EE who also provided me with a great service and strong signal in most places however, this company then went on to assure me that switching to O2 would provide me with a much greater signal than EE and that they would be buying me out of my contract with EE. Since receiving my new phone contracted to O2 I have a very poor signal in most areas and also my dater signal is almost non existent. I have contacted the provider on a few occasions to try and resolve this and now they are telling me that I can cancel as it's in the 14 day cooling off period but I'll have to pay EE for the contract they cancelled to buy me out of? I feel this is really unfair as I've been completely misled. Many thanks
Craig Davies
Submitted: 25 days ago.
Category: Law
Expert:  Jo C. replied 25 days ago.

how long was left on your contract with EE?

Customer: replied 25 days ago.
I'm not entirely sure but I'm pretty sure it was over 12 months or so remaining? It is also a business contract so as I am a mobile business I am losing customers by the day.
Customer: replied 25 days ago.
They also sent my new phone out without the simple card and when I contacted them to ask why they had not sent my simply card yet they then informed me that they didn't realise how long I had left on my old contract and that they now need to update my new monthly payments to cover their extra unexpected buy out costs to EE?
Customer: replied 25 days ago.
Sorry I ment (sim card)
Expert:  Jo C. replied 25 days ago.

Sorry but I'm not quite clear about the offer they made you.

They are saying they paid EE to buy you out of the contract?

if so, was that explained?

Customer: replied 25 days ago.
When I explained to them that I had a long time left on my contract with EE they told me not to worry a
Customer: replied 25 days ago.
As they would be buying me out of my contract so I could start a new contract with them. They never mentioned once that if I cancelled within the 14 day cooling off period that I would be liable to pay EE for the remainder of my old contact.
Expert:  Jo C. replied 24 days ago.

Is that in the small print of either the paper contract or E contract?

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