Fell out with EE, ended DD, can I keep my number?

33rd Governor · 04-04-2016, 11:33

Posting on behalf of a friend.

They have ended the DD, but are still in contract. EE said they will chase for money.

Their phone which they are still paying for broke, EE would not do anything, and the person can only afford the monthly payments, not to repair or buy a new phone.

Anyway, they want to switch to another network, does anyone know if EE will give over the number, or can they refuse as he has debt with them?

Thanks.

mossy2103 · 04-04-2016, 11:39

Quote:

Originally Posted by 33rd Governor

Anyway, they want to switch to another network, does anyone know if EE will give over the number, or can they refuse as he has debt with them?

Thanks.

From Ofcom's website:

Quote:

The only reasons why a provider can refuse to give a PAC are:

the number does not belong to the customer of the losing mobile provider
the account for that number has been terminated
the account holder has died
a PAC has already been issued and is still valid
the customer has not adequately proved that he or she is the legitimate account holder.

Your provider cannot refuse to issue a PAC if you have any outstanding bills or charges to pay.

These charges should be included in your final bill after the port has taken place. You should then settle them as agreed in your contract.

http://ask.ofcom.org.uk/help/telephone/refuse_PAC

moox · 04-04-2016, 11:41

It's worth pointing out of course that ending the direct debit doesn't end any obligations or responsibilities you have with that company - they can still try to chase you for the money in other ways. Cancelling/porting the number won't end this

Better to take it through all the formal routes first, like a formal written complaint and then going to the ombudsman

33rd Governor · 04-04-2016, 11:44

Thanks guys,

He knows its going to be debt to his name, but he will switch over first and then sort it out, he wants nothing more to do with EE.

Stig · 04-04-2016, 11:51

Quote:

Originally Posted by 33rd Governor

Posting on behalf of a friend.

They have ended the DD, but are still in contract. EE said they will chase for money.

Their phone which they are still paying for broke, EE would not do anything, and the person can only afford the monthly payments, not to repair or buy a new phone.

Anyway, they want to switch to another network, does anyone know if EE will give over the number, or can they refuse as he has debt with them?

Thanks.

He's an idiot. Never stop a DD. It doesn't solve a problem, it just makes it worse. All EE will be interested in now is chasing the debt. He won't get a PAC code.

TTTV · 04-04-2016, 11:55

What exactly is wrong with the phone?

clewsy · 04-04-2016, 12:01

Yes surly try and resolve the issue. He may be able to use consumer laws to resolve the issue with the phone, however just not paying is not a smart move.

He could find it hard to get a contract elsewhere otherwise.

moox · 04-04-2016, 12:12

Another thing to point out of course is that the phone is only part of the product - the rest being the actual phone service itself, which presumably EE are providing just fine even if the supplied phone does not work (as you could move the SIM to any other phone).

So they will unquestionably want to be paid for services rendered

clewsy · 04-04-2016, 12:36

Your friend really needs to pursue this through the proper process. If after the contract they wish to leave then fair enough, however sadly this is what some people don't consider when taking out a contract, the long term legal obligations they are agreeing to.

Not paying the bill will most probably make it worse for them. It's best to get on the phone and try and resolve this issue.

AJ2001 · 04-04-2016, 12:37

Quote:

Originally Posted by Stig

He's an idiot. Never stop a DD. It doesn't solve a problem, it just makes it worse. All EE will be interested in now is chasing the debt. He won't get a PAC code.

On top of that, if he misses a payment to EE he will get a red mark on his credit rating, which will stay there for 6 years, with all the implications that will result out of that

sdduk · 04-04-2016, 12:55

All depends when he/she stopped the DD because he/she may not be able to get another contract if a mark is already on there credit record and also you get bad marks for just missing one payment.....like someone else said it stays there for 6yrs.
The worst thing you can do with any company is stop the DD if you are in contract with them.

33rd Governor · 04-04-2016, 13:26

Quote:

Originally Posted by TTTV

What exactly is wrong with the phone?

It is getting very very hot and crashes, That is how it come to my attention, he asked me to borrow an old phone.

33rd Governor · 04-04-2016, 13:27

Quote:

Originally Posted by AJ2001

On top of that, if he misses a payment to EE he will get a red mark on his credit rating, which will stay there for 6 years, with all the implications that will result out of that

In fact I believe he missed payments before,

Synthetic42 · 04-04-2016, 13:41

Quote:

Originally Posted by 33rd Governor

It is getting very very hot and crashes, That is how it come to my attention, he asked me to borrow an old phone.

Has he made any effort to send it back to the manufacturer? Assuming it's still under warranty.

Has he tried the usual factory reset, make sure the firmware is up to date? There could be something running constantly causing it to get hot, and crash

33rd Governor · 04-04-2016, 13:43

Quote:

Originally Posted by Synthetic42

Has he made any effort to send it back to the manufacturer? Assuming it's still under warranty.

Has he tried the usual factory reset, make sure the firmware is up to date? There could be something running constantly causing it to get hot, and crash

Its really getting super hot.

I tired a reset for him, still does it. Its not under warranty, but as he was still paying for it, he expected EE to sort it out.

I told him to just get a sim only contract in future. He has BT broadband at home, so I told him to try them, forgetting that BT now own EE. Not sure how it will go.

Stig · 04-04-2016, 14:19

Quote:

Originally Posted by 33rd Governor

Its really getting super hot.

It sounds like an Android update gone wrong. You could probably get a custom ROM which would stop the overheating and improve performance. Which make/model?

moox · 04-04-2016, 14:41

Quote:

Originally Posted by 33rd Governor

Its really getting super hot.

I tired a reset for him, still does it. Its not under warranty, but as he was still paying for it, he expected EE to sort it out.

Unfortunately that's not how it works, it's no different to if he'd just bought the phone at full price - it's the same 12 month warranty from the manufacturer (though you may be able to get the retailer, who in this case is EE, to fix it if badgered enough).

It's not valid grounds for cancelling the direct debit and refusing to pay any more.

What phone is it? Has he tried to do a factory reset?

WelshBluebird · 04-04-2016, 14:50

Quote:

Originally Posted by moox

Unfortunately that's not how it works, it's no different to if he'd just bought the phone at full price - it's the same 12 month warranty from the manufacturer.

A lot of the larger manufacturers (Sasmsung, Sony, HTC, LG and a few more) are now doing 24 months by default. So what the phone is really makes a difference.

ShaunIOW · 04-04-2016, 15:05

Quote:

Originally Posted by WelshBluebird

A lot of the larger manufacturers (Sasmsung, Sony, HTC, LG and a few more) are now doing 24 months by default. So what the phone is really makes a difference.

That and the sale of goods act can give up to 6 years if it's an inherent fault, which is what i'd have thought an overheating issue is.

moox · 04-04-2016, 15:07

Quote:

Originally Posted by ShaunIOW

That and the sale of goods act can give up to 6 years if it's an inherent fault, which is what i'd have thought an overheating issue is.

Unfortunately, you can't necessarily say "sale of goods act" (which has actually been superseded by a new law) and get it fixed ASAP. A retailer will likely put up a fight, and ultimately if they don't care, then you'll have to invoke trading standards (who won't care much) or legal action (which could cost more than the phone is worth)

clewsy · 04-04-2016, 15:15

I'm sure it could be argued under the terms of this consumer law (find this video quite useful in making it simple):

https://youtu.be/XikOwjuU1kY

However I would first try removing all the apps. Then factory reset and install all from new. None of this allowing Google to auto-rebuild.

Also install apps slowy and check the phone performance. It could be a rogue app and if you want to use consumer law you need to show that it's a fault with the phone, so doing this makes it more probable if the fault remains.

TTTV · 04-04-2016, 15:15

Quote:

Originally Posted by 33rd Governor

It is getting very very hot and crashes, That is how it come to my attention, he asked me to borrow an old phone.

If it's within the manufacturers warranty, it can be taken to an EE shop as there's a repair and loan service. Is there no way that can be done?

Link

Edit: Didn't see above that it's not in warranty.

33rd Governor · 04-04-2016, 15:18

Thanks guys, he told me he took it to the EE shop and they could do nothing.

Its a Samsung phone, galaxy I think 6", not sure of the exact model but its a couple of years old.

It did not seem to hold change either.

TTTV · 04-04-2016, 15:20

If the phone is a couple of years old, then presumably the contract must be up too?

Anika Hanson · 04-04-2016, 15:24

Quote:

Originally Posted by 33rd Governor

Thanks guys, he told me he took it to the EE shop and they could do nothing.

Its a Samsung phone, galaxy I think 6", not sure of the exact model but its a couple of years old.

It did not seem to hold change either.

Samsung offer 2 year warranties. If it's the Samsung galaxy S6 even if he got it at launch its still within the 2 year warranty that Samsung offer. Samsung will fix this for him if he sends it away to them.

04-04-2016, 11:33	#1
33rd Governor Forum Member Join Date: Mar 2016 Posts: 487	Fell out with EE, ended DD, can I keep my number? Posting on behalf of a friend. They have ended the DD, but are still in contract. EE said they will chase for money. Their phone which they are still paying for broke, EE would not do anything, and the person can only afford the monthly payments, not to repair or buy a new phone. Anyway, they want to switch to another network, does anyone know if EE will give over the number, or can they refuse as he has debt with them? Thanks.

04-04-2016, 11:39	#2
mossy2103 Forum Member Join Date: Aug 2005 Posts: 68,710	Quote: Originally Posted by 33rd Governor Anyway, they want to switch to another network, does anyone know if EE will give over the number, or can they refuse as he has debt with them? Thanks. From Ofcom's website: Quote: The only reasons why a provider can refuse to give a PAC are: the number does not belong to the customer of the losing mobile provider the account for that number has been terminated the account holder has died a PAC has already been issued and is still valid the customer has not adequately proved that he or she is the legitimate account holder. Your provider cannot refuse to issue a PAC if you have any outstanding bills or charges to pay. These charges should be included in your final bill after the port has taken place. You should then settle them as agreed in your contract. http://ask.ofcom.org.uk/help/telephone/refuse_PAC

04-04-2016, 11:41	#3
moox Forum Member Join Date: Oct 2004 Posts: 14,645	It's worth pointing out of course that ending the direct debit doesn't end any obligations or responsibilities you have with that company - they can still try to chase you for the money in other ways. Cancelling/porting the number won't end this Better to take it through all the formal routes first, like a formal written complaint and then going to the ombudsman

04-04-2016, 11:44	#4
33rd Governor Forum Member Join Date: Mar 2016 Posts: 487	Thanks guys, He knows its going to be debt to his name, but he will switch over first and then sort it out, he wants nothing more to do with EE.

04-04-2016, 11:51	#5
Stig Forum Member Join Date: Sep 2003 Location: Sandy Heath, Beds. UK Posts: 10,383	Quote: Originally Posted by 33rd Governor Posting on behalf of a friend. They have ended the DD, but are still in contract. EE said they will chase for money. Their phone which they are still paying for broke, EE would not do anything, and the person can only afford the monthly payments, not to repair or buy a new phone. Anyway, they want to switch to another network, does anyone know if EE will give over the number, or can they refuse as he has debt with them? Thanks. He's an idiot. Never stop a DD. It doesn't solve a problem, it just makes it worse. All EE will be interested in now is chasing the debt. He won't get a PAC code.

04-04-2016, 11:55	#6
TTTV Forum Member Join Date: Aug 2006 Location: 🇬🇧 Posts: 1,362	What exactly is wrong with the phone?

04-04-2016, 12:01	#7
clewsy Forum Member Join Date: Mar 2003 Location: Midlands Posts: 2,860	Yes surly try and resolve the issue. He may be able to use consumer laws to resolve the issue with the phone, however just not paying is not a smart move. He could find it hard to get a contract elsewhere otherwise.

04-04-2016, 12:12	#8
moox Forum Member Join Date: Oct 2004 Posts: 14,645	Another thing to point out of course is that the phone is only part of the product - the rest being the actual phone service itself, which presumably EE are providing just fine even if the supplied phone does not work (as you could move the SIM to any other phone). So they will unquestionably want to be paid for services rendered

04-04-2016, 12:36	#9
clewsy Forum Member Join Date: Mar 2003 Location: Midlands Posts: 2,860	Your friend really needs to pursue this through the proper process. If after the contract they wish to leave then fair enough, however sadly this is what some people don't consider when taking out a contract, the long term legal obligations they are agreeing to. Not paying the bill will most probably make it worse for them. It's best to get on the phone and try and resolve this issue.

04-04-2016, 12:37	#10
AJ2001 Forum Member Join Date: Sep 2005 Posts: 598	Quote: Originally Posted by Stig He's an idiot. Never stop a DD. It doesn't solve a problem, it just makes it worse. All EE will be interested in now is chasing the debt. He won't get a PAC code. On top of that, if he misses a payment to EE he will get a red mark on his credit rating, which will stay there for 6 years, with all the implications that will result out of that

04-04-2016, 12:55	#11
sdduk Forum Member Join Date: Oct 2011 Posts: 216	All depends when he/she stopped the DD because he/she may not be able to get another contract if a mark is already on there credit record and also you get bad marks for just missing one payment.....like someone else said it stays there for 6yrs. The worst thing you can do with any company is stop the DD if you are in contract with them.

04-04-2016, 13:26	#12
33rd Governor Forum Member Join Date: Mar 2016 Posts: 487	Quote: Originally Posted by TTTV What exactly is wrong with the phone? It is getting very very hot and crashes, That is how it come to my attention, he asked me to borrow an old phone.

04-04-2016, 13:27	#13
33rd Governor Forum Member Join Date: Mar 2016 Posts: 487	Quote: Originally Posted by AJ2001 On top of that, if he misses a payment to EE he will get a red mark on his credit rating, which will stay there for 6 years, with all the implications that will result out of that In fact I believe he missed payments before,

04-04-2016, 13:41	#14
Synthetic42 Forum Member Join Date: Oct 2012 Location: Newcastle Posts: 1,510	Quote: Originally Posted by 33rd Governor It is getting very very hot and crashes, That is how it come to my attention, he asked me to borrow an old phone. Has he made any effort to send it back to the manufacturer? Assuming it's still under warranty. Has he tried the usual factory reset, make sure the firmware is up to date? There could be something running constantly causing it to get hot, and crash

04-04-2016, 13:43	#15
33rd Governor Forum Member Join Date: Mar 2016 Posts: 487	Quote: Originally Posted by Synthetic42 Has he made any effort to send it back to the manufacturer? Assuming it's still under warranty. Has he tried the usual factory reset, make sure the firmware is up to date? There could be something running constantly causing it to get hot, and crash Its really getting super hot. I tired a reset for him, still does it. Its not under warranty, but as he was still paying for it, he expected EE to sort it out. I told him to just get a sim only contract in future. He has BT broadband at home, so I told him to try them, forgetting that BT now own EE. Not sure how it will go.

04-04-2016, 14:19	#16
Stig Forum Member Join Date: Sep 2003 Location: Sandy Heath, Beds. UK Posts: 10,383	Quote: Originally Posted by 33rd Governor Its really getting super hot. It sounds like an Android update gone wrong. You could probably get a custom ROM which would stop the overheating and improve performance. Which make/model?

04-04-2016, 14:41	#17
moox Forum Member Join Date: Oct 2004 Posts: 14,645	Quote: Originally Posted by 33rd Governor Its really getting super hot. I tired a reset for him, still does it. Its not under warranty, but as he was still paying for it, he expected EE to sort it out. Unfortunately that's not how it works, it's no different to if he'd just bought the phone at full price - it's the same 12 month warranty from the manufacturer (though you may be able to get the retailer, who in this case is EE, to fix it if badgered enough). It's not valid grounds for cancelling the direct debit and refusing to pay any more. What phone is it? Has he tried to do a factory reset?

04-04-2016, 14:50	#18
WelshBluebird Forum Member Join Date: Nov 2008 Posts: 720	Quote: Originally Posted by moox Unfortunately that's not how it works, it's no different to if he'd just bought the phone at full price - it's the same 12 month warranty from the manufacturer. A lot of the larger manufacturers (Sasmsung, Sony, HTC, LG and a few more) are now doing 24 months by default. So what the phone is really makes a difference.

04-04-2016, 15:05	#19
ShaunIOW Forum Member Join Date: Jun 2006 Location: Isle of Wight Posts: 7,828	Quote: Originally Posted by WelshBluebird A lot of the larger manufacturers (Sasmsung, Sony, HTC, LG and a few more) are now doing 24 months by default. So what the phone is really makes a difference. That and the sale of goods act can give up to 6 years if it's an inherent fault, which is what i'd have thought an overheating issue is.

04-04-2016, 15:07	#20
moox Forum Member Join Date: Oct 2004 Posts: 14,645	Quote: Originally Posted by ShaunIOW That and the sale of goods act can give up to 6 years if it's an inherent fault, which is what i'd have thought an overheating issue is. Unfortunately, you can't necessarily say "sale of goods act" (which has actually been superseded by a new law) and get it fixed ASAP. A retailer will likely put up a fight, and ultimately if they don't care, then you'll have to invoke trading standards (who won't care much) or legal action (which could cost more than the phone is worth)

04-04-2016, 15:15	#21
clewsy Forum Member Join Date: Mar 2003 Location: Midlands Posts: 2,860	I'm sure it could be argued under the terms of this consumer law (find this video quite useful in making it simple): https://youtu.be/XikOwjuU1kY However I would first try removing all the apps. Then factory reset and install all from new. None of this allowing Google to auto-rebuild. Also install apps slowy and check the phone performance. It could be a rogue app and if you want to use consumer law you need to show that it's a fault with the phone, so doing this makes it more probable if the fault remains.

DS Forums

Fell out with EE, ended DD, can I keep my number?

04-04-2016, 15:18	#23
33rd Governor Forum Member Join Date: Mar 2016 Posts: 487	Thanks guys, he told me he took it to the EE shop and they could do nothing. Its a Samsung phone, galaxy I think 6", not sure of the exact model but its a couple of years old. It did not seem to hold change either.

04-04-2016, 15:20	#24
TTTV Forum Member Join Date: Aug 2006 Location: 🇬🇧 Posts: 1,362	If the phone is a couple of years old, then presumably the contract must be up too?

04-04-2016, 15:24	#25
Anika Hanson Forum Member Join Date: Dec 2008 Location: UK Posts: 14,219	Quote: Originally Posted by 33rd Governor Thanks guys, he told me he took it to the EE shop and they could do nothing. Its a Samsung phone, galaxy I think 6", not sure of the exact model but its a couple of years old. It did not seem to hold change either. Samsung offer 2 year warranties. If it's the Samsung galaxy S6 even if he got it at launch its still within the 2 year warranty that Samsung offer. Samsung will fix this for him if he sends it away to them.