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Me v EE ( How I sued EE for misrepresentation)

February 15, 2015

In November 2014 I was rather annoyed that suddenly my iPad was unable to access my free Deezer subscription that I have through my contract with EE for my mobile phone, especially as I had specifically asked whether that was the case when I took out the contract in-store.

Deezer said that my previous 13 months of access was a “bug” which was obviously bullshit. It was around the time that EE and Deezer ended their contractual relationship… So not a great surprise really.

In any event, I had access on my phone but not for my iPad which was important to me.

Doing what I do I was in a position to make a claim and deal with it that way.

Please find below my letter before action, which was heavily edited to form the summary for the particulars of claim that I entered into the Money Claims Online (MCOL) system.

My letter before action, send as a reply to the EE complaints department that had written to me in response to my complaint and also to EE’s registered address, was not answered, and they stated on the phone that they had not received it some 6 weeks after it being sent. I doubt that is the case, of course.

So I sent to the registered address a further copy of the letter before action along with a print-out of the claim form, so that EE would have an understanding of my grievance.

They sent an acknowledgement of service advising they were intending to defend the claim, then before the deadline is up, they wrote and said they were paying my claim “for purely commercial reasons”. Of course. EE admitted no liability whatsoever. Good on them!

In any case, I had the amount I claimed for (11x months of Deezer plus interest) plus court fee in my bank account shortly after the letter, so of course withdrew the claim online.

If you are in a similar situation as me and would like to issue against them for the withdrawal of the service, please feel free to use my below letter before action. Of course you will need to edit it to suit your circumstances. Don’t adopt my experience as your own.

If you have any questions, please feel free to ask. I may be able to help, I may not.

Good luck!

EE Limited

Trident Place

Mosquito Way

Hatfield

Hertfordshire

AL10 9BW

Dear Sirs,

Re: Joshua Baxendale’s claim for misrepresentation and breach of contract – Misselling of the Deezer service at point of sale on mobile phone contract

I am Joshua Baxendale of BLANK and I represent myself in relation to my claim against you, EE Ltd for misrepresentation and breach of contract. This relates to the statement at the point of sale by your sale staff confirming that Deezer mobile subscription would be included for the duration of the full 24 month plan.

I refer to my letter of complaint dated the BLANK and your subsequent response dated the BLANK. Please find copies enclosed.

This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct (the PDPAC) contained in the CPR. In particular, we refer you to paragraph 4 of the PDPAC concerning the court’s powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our client commencing proceedings against you and may increase your liability for costs.

MISREPRESENTATION

On or about the BLANK, you, by means of one of your sales staff at EE Western Road, Brighton represented to me that I would have access to the full Deezer mobile package for the 24 month duration of my mobile phone contract. Relying on that promise and statement, I duly entered into the contract with yourselves.

During the sales exchange – I specifically asked if I could use the Deezer subscription on both the device I was purchasing from EE – a BLANK – and my iPad that I previously owned. I was advised that I was getting the full Deezer mobile package – so yes I could. I was able to access Deezer on my iPad for approximately 14 months after the contract date.

I was happy with that response mostly because of the high cost of the monthly charges was offset with by access to unlimited music on both the BLANK and iPad. This representation was made with the intention of inducing me to enter into a contract with you.

In reliance on and induced by this representation, I entered into a contract with you on or about the BLANK for the providing of a mobile phone, listed above, and access to the EE phone network with various usage options in exchange for £ BLANK per month for 24 months. The representation was an implied term of the contract. Pursuant to the contract, on or about the BLANK I paid you the amount of £42, recurring monthly by direct debit.

In fact the representation was false and Deezer withdrew the iPad access to Deezer on or around the 17th of November 2014 in breach of the contract.

Deezer have since confirmed to me that I should never had access to their service on my iPad in any case.

Further, I contend that you made the representation knowing that it was false, without any genuine belief that it was true, or recklessly not caring if it was true or false. During a telephone call with level two technical support regarding this issue, it was confirmed to me that I was “misinformed” when I took out the contract. I have a telephone note of the conversation.

As a result of these matters, I have suffered loss.

I seek recession of the mobile phone contract and damages. That is, termination of the contract at an agreed date, that is no later than 28 days of the date of this letter.

I have calculated the amount due on the basis of the difference required to be spent with Deezer to fulfil an equivalent service. Therefore, at the date of this letter the amount due is £110 plus interest. I have calculated the amount of interest due on the basis of being 8% from the date that Deezer access on my iPad stopped, namely the 17th of November 2014. Therefore, at the date of this letter the amount of interest due is £0.58. The total amount due from you to our client is therefore £110.58 Interest continues to accrue at the daily rate of 8% per annum.

RELEVANT DOCUMENTS

I enclose copies of the following documents that are relevant to this matter:

  1. Letter of complaint dated BLANK.
  1. Response from EE dated BLANK. This response was inadequate, did not respond to majority of points.

In accordance with the PDPAC, please provide to us within 14 days copies of the following documents, which we believe are relevant to this matter and are likely to be in your control:

  1. Original signed terms and contracts.

This is not purported to be an exhaustive list of documents relevant to this matter. Please confirm that you will take proper and appropriate steps to ensure no relevant documents, including electronic documents that are in your control, are altered, lost, destroyed or disposed of.

ALTERNATIVE DISPUTE RESOLUTION

I anticipate that negotiation will be an appropriate form of ADR. However, given the apparent failure by Customer Relations to read the complete letter of complaint or respond to all points, this may be difficult.

ACTION REQUIRED

Payment of the full amount due should be remitted to the following account within 14 days of the date of this letter:

Sort Code: BLANK

Account number: BLANK

If you do not consider the amount set out in this letter to be due to our client, an acknowledgement to this letter should be provided within 14 days of receipt, namely by the BLANK. Your full response to this letter should be provided no later than 21 days after the date of this letter, namely by the BLANK.

In the absence of a full response by that date, I will issue and serve proceedings without further notice.

I reserve all its rights, including the right to commence proceedings against you (without further reference to you should that prove necessary) for misrepresentation and breach of contract and to seek an order for rescission and damages plus interest and costs.

As set out above, ignoring this letter may lead to our client starting proceedings against you and may increase your liability for costs.

I await hearing from you.

Yours faithfully,

 

 

 

Josh Baxendale

As an interesting aside – EE do not appear to have a copy of my written contract. The call centre say the shop has it. The shop says the call centre has it. Would have liked to push them further on this – but I’ve got other things to do.
Enjoy!

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