I took out a telephone contract with EE in March.
When I called a few weeks later to discuss the contract, I was frustrated at being on hold and I asked the customer service woman why I should listen to Indian music.
She felt offended and EE disconnected my phone line. I am 88 and have health problems and am afraid that the hospital and my family will not be able to contact me.
EE also says I have to pay an early termination fee of £298.
GF, Southampton.
Cut Off: EE refused to back down after it believed a customer had insulted and threatened a member of their call center staff
Sally Hamilton replies: You wrote to us after EE left you without a phone line. You thought EE had overreacted, especially asking you to pay an early termination fee.
However, I investigated what had happened, and I’m sorry to say that you seem to have brought this on yourself.
EE says that when you spoke to her co-worker, you wondered why you “as a white Englishman” were forced to listen to “Indian music.”
You continued with language and comments that were racially discriminatory.
It wrote to you, ‘As a company, we do not tolerate abusive or threatening behavior in any form’ and as this was a violation of its terms of use, it had ‘decided to remove you from our network with immediate effect’.
I have also seen your correspondence with EE. Some of the comments you’ve made may have seemed like honest feedback to you, but I’m afraid you come across as someone with racially biased views that they can’t hide.
I can totally understand why EE and her associates were shocked.
I might have been more sympathetic to your complaint about being cut off if you showed remorse or apologized to EE. But you stand on your stripes and don’t see that you did something wrong.
In addition to canceling your contract, EE will charge you an early termination fee, which amounts to the full remaining bill for your outstanding contract.
I do wonder if, despite your performance, it can insist on this. It’s one thing to end your contract, but quite another to bill you for a service you can’t receive right now.
I asked a lawyer for his opinion.
Gary Rycroft, a partner at lawyer Joseph A Jones & Co in Lancaster, says the early termination clause seems unfair to him.
“There should be an early termination clause to compensate the company if a customer leaves early — and definitely not the other way around,” he says.
It seems to me to be an unfair contract term and therefore not legally enforceable because it is clearly not fair.
“If EE chose to waive the contract, they must waive the fee. I suggest the customer refuses to pay and says he needs to sue – to prove there’s a case.’
I also asked industry regulator Ofcom’s opinion on whether EE had the right to cut you off given you are older and have health problems.
It says telecom companies have a duty to ensure vulnerable customers are not left without access to ‘999’ emergency services before they are cut off – for both landline and mobile calls.
A spokesperson for Ofcom says: ‘All businesses should assess their customers’ individual circumstances to see if they are in a vulnerable situation and need support.
‘You can tell the telecom provider that you feel vulnerable, but it is also up to the company to find out. Older people who live on their own and have no other telephone line may fall into this category.’
The spokesperson adds: ‘This duty of care is a guideline and not a law. But if you feel you have been treated unfairly and are vulnerable, please turn to the Ombudsman Services.” Meanwhile, EE stands firm.
A spokesperson says: “In our terms and conditions, we may restrict, suspend or terminate a service when someone using a service behaves towards our staff in a manner that is considered inappropriate or serious enough to warrant taking such action. justify.’
If you wish, you can contact the Ombudsman. But I think your situation is a good reminder that politeness and respect for others costs nothing, but a lack of it can – rightly – cost you dearly. There is no excuse for the language you used.
John Lewis is beastly about beauty voucher
I recently reached my 90th birthday and received a £100 gift voucher from one of my grandsons for John Lewis’ beauty department.
At my age my beauty requirements are small so I asked if I could use it in another section of the store. It refused.
MH, Coventry.
Sally Hamilton replies: Your letter made me chuckle. You obviously have a great sense of humour, although it was tested by John Lewis’ refusal to be flexible.
I asked the shopkeeper to reconsider. I’m happy to say it got back to you quickly to say you’re free to spend your token on whatever you want.
A spokesperson for John Lewis says: ‘We explained to her that her card can be used for most items in our store.
“We’re sorry she got the wrong information and we sent her flowers to apologize.”
- Write to Sally Hamilton at Sally Sorts It, Money Mail, Northcliffe House, 2 Derry Street, London W8 5TT or email sally@dailymail.co.uk – include telephone number, address and a note addressed to the offending organization giving them permission to talk to Sally Hamilton. Please do not send any original documents, we cannot take any responsibility for that. The Daily Mail assumes no legal liability for answers provided.
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