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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80439
Experience:  Over 5 years in practice
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EE case, London, None, I took a contract with EE and the

Customer Question

Hi
JA: Hi. How can I help?
Customer: EE case
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I took a contract with EE and the representative said that I will get a FREE watch from samsung. I took the deal based on that and when the s20 plus 5g arrived i went on the app to claim the watch to find out that EE is not a participating retailer which meant I cannot claim the watch but the representative didnt say that they are not participating in the offer.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 1 year ago.

You purchased from an EE shop?

Customer: replied 1 year ago.
No over the phone
Customer: replied 1 year ago.
The said I can cancel the contract and that I had until sunday which passed
Customer: replied 1 year ago.
They have the conversations recorded
Customer: replied 1 year ago.
They apologized in the end that their representstive probably didn't know that EE wasn't participating in the offer anymore
Customer: replied 1 year ago.
But that won't cut it. I asked the lad and they have this on record. "Does the phone come with the watch?" And he said YES.
Expert:  Jo C. replied 1 year ago.

Thank you. If that person was an EE representative and they made those utterances to you during the course of negotiations then EE are bound by that. You need paragraph it is all very well but they didn't authorised their representatives to do that but they either have to make available to you what he offered or release you from the contract. An apology is not enough.

They probably know that full well. They're just hoping that you will not.

You are absolutely right. Don't let them fob you off.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What are my legal options here
Customer: replied 1 year ago.
Customer: replied 1 year ago.
They are not willing to do anything, except cancel the contract which I havent done yet.
Expert:  Jo C. replied 1 year ago.

You can start with complaining.

If that fails there is always the ombudsman although they are fairly toothless animals.

If that fails then you have two options. The first is to Sue at the small claims court for the value of the watch. The second is to refused pay and invite them to Sue if they disagree and then defend on the basis she should have been released. I wouldn't advise the latter course of action because it places at risk your credit rating which is usually undesirable.

I would expect them to cave in if you complain vigorously.

They will not want adverse social media commentary.

Customer: replied 1 year ago.
If I was to take a legal route and sue them will it be a problem if one of my friends pretended to be me on the phone? I let him speak pretending to be me. Will that be a problem when it comes to the courts?
Expert:  Jo C. replied 1 year ago.

It would be better if you didn't ask people to impersonate you but i'm not sure they will know about it. It wouldn't defeat your claim of itself

Customer: replied 1 year ago.
If it were to come down to court, will him impersonating me be a problem?
Expert:  Jo C. replied 1 year ago.

No, not really.

Expert:  Jo C. replied 1 year ago.

I wouldn't worry about this.

Customer: replied 1 year ago.
Is it because I gave him permission?
Customer: replied 1 year ago.
you recommend that i chat to them again and if they don't comply take them to the small claims court?
Expert:  Jo C. replied 1 year ago.

Yes, that is right. You have a claim.

Customer: replied 1 year ago.
Is there any way in which you can help me take this to court? Or do I have to do it by myself based on the advice you give me.
Expert:  Jo C. replied 1 year ago.

Oh you don't need to bear the cost of a solicitor. This is just a small claims court matter. You can deal with it yourself.

Customer: replied 1 year ago.
How can I start the whole process? And will I be allowed to let my friend speak on my behalf in court?
Expert:  Jo C. replied 1 year ago.

You can issue here

www.moneyclaim.gov.uk

I need to write to them warning them of the risk that he will sue first. Your friend could appear as a McKenzie friend. It may never come to this of course

Customer: replied 1 year ago.
You need me to write to my friend or who? So I will have to be in court explaining everything and not my friend?
Expert:  Jo C. replied 1 year ago.

To EE.

You really need to write to the person that you intend to say warning them that you will sue if they don't pay within 14 days. Otherwise you are at risk of actual costs.

Customer: replied 1 year ago.
Ok so write to EE that I will go to the small courts claims if they dont keep their end of the deal? And if they dont do it after 14 days then go through with it?
Customer: replied 1 year ago.
Also the recordings they have, are my friend speaking not me. Will he be able to speak for me in court?
Expert:  Jo C. replied 1 year ago.

Mckenzie friends can't speak for you but they can assist you in court.