It is not me personally but my son, who had mobile service with EE. He had a SIM for him and his girlfriend and ceased the later, and paid all on Direct Debit. He is young, and he does not pay attention, which is fair enough - Direct Debit is perfect for him.
The problem is, every time he saw a bill or DD, it looked a reasonable amount, and it did not click it was twice a month not once a month. He is known for not even opening post. I remember when I was young and I don't hold it against him. I think he is learning - the world is there to screw you if you let it!
So he got on to EE who decided to handle it via their Fraud department, took ages, did not tell him anything, and got nowhere. I serious doubt any fraud. I suspect a simple cock up by EE sales droids. Eventually he got around to complaining again, and again they did the same. This was getting silly, so I suggested ADR.
Now, EE have no evidence that he asked for an extra SIM. They have no proof of delivery. They have no record of the SIM ever being used in a phone or making or receiving any calls. Nothing to say he has a contract with them apart from the fact he has paid (by Direct Debit).
ADR conclusion - even though EE have no evidence of any contract? They decide in EE's favour?!?! They say it is odd he did not notice earlier or claw back the Direct Debits.
I suggested he write back and say that if "clawing back the Direct Debits" would swing the case in his favour, he can do that, for all payments right now if they like. (DD rules allow that if no physical signed DD mandate). He did not write that, and sort of gave up.
If he did not have to worry over credit rating then simply clawing back all DDs would force EE's hand and they would have to take him to court with no evidence. He has to worry about credit ratings. A sad sate of affairs really for all of us.
Anyway, ADR is clearly a waste of space, so next steps:
- Data Protection Act Subject Access Request to EE for all evidence of any contracts formed with him (call recording, web logs, signed contract) or any usage of the SIM or even proof of delivery.
- Assuming none exist, letter before action for county court.
At the end of the day if they cannot prove a contract exists, even by implicit "use of the service provided" I think they are going to lose. Well worth a try and trains him on the ways of DPA and county courts, and not a lot to lose in trying.
I'll try and post an update once we make progress. This is around £1000 so worth his time, even if he loses, to learn the processes.