Breech of Mobile phone contract

[IATM]

Hi Guys,
This is for the first time I am asking for help as I am really at my wits end regarding this mobile phone contract issue; usually I can resolve these things one way or another but this company just doesn't seem to give a dam.

I will try and keep it short and to the point:

1) 2+ years ago my brother took out a mobile phone contract in his name as a present for my father (no problems with this at all)
2) 7 months ago my father felt like a new phone so ordered a samsung S5 from Affordable mobiles in his own name as a new contract and asked for the number (from contact he was using from point 1) to be ported over.
3) Father did not like the phone so asked to cancel and return the whole thing.
4) Recieved confirmation from affordable mobiles contract is cancelled and phone returned - no further action required
5) 3 months later father checks statement and EE (network provider of affordable mobiles contract) is still taking DD
6) I contacted Affordable mobiles ASAP to notify them - they confirm again it is 100% cancelled from their point of view and they have communication from EE to say it is
7) I have spent last two months speaking to affordable mobiles once a week to find out what on earth is going on - keep getting fobbed off its with management and they are urgently looking into it.
8) Problem still not fixed 7 months down the line!

4 months ago I told dad to cancal the DD but we got worried as my brothers credit history is spotless and I made sure he kept it this way so we now pay the line rental manually. My brother is the one being chased as they stupidly ported over his details when they ported the number - Affordable mobiles confirmed this shouldn't have happened at all doesn't matter who's name it is in.

I have spoke to CAB this morning who said they are clearly in breach of contract (which I know) and said send them an formal letter of complaint with 5 working days to resolve and get back to you. I am happy to do that but if I am honest I want to take this to small claims court and firstly claim for the line rental I am paying and some compensation.

What sort of compensation can I claim - this has been an annoying headache for 7 months and my father who is long term ill and is due for another operation in 4 weeks (triple heart by pass) is very worried about this issue even though I have taken it off his hands. I am a very busy person and spending endless stupid amounts of time on the phone, messaging them on facebook for help is an utter waste of my bloody time.

Any advise or help would be very much appreciated

[marshalla]

Get the bank involved, invoking the Direct Debit Guarantee : http://www.directdebit.co.uk/DirectDebitExplained/...

[IATM]

marshalla said:

Get the bank involved, invoking the Direct Debit Guarantee : http://www.directdebit.co.uk/DirectDebitExplained/...

That is a great start - Thank you so much, I didn't even know you could claim it back if it was incorrectly taken.
Thanks

[IIIRestorerIII]

My father had issues with someone getting a replacement sim in his name and sending spam texts abroad. Several k bill, months of faffing about with threats of bailiffs etc. In the end went to the ombudsman and before they even replied T-mobile had resolved with us. The threat and cost to them of the ombudsman will hurry them along. If you go ombudsman route their is a process to follow which included requesting a referral reference number.

For my father the same thing happened again. T-Mobile to their credit sorted it straight away this time and on renewal all parties agreed it would be better to renew the contract.

[simoid]

Is it like the financial ombudsman, in that companies are levied a fee automatically (£500) if a complaint actually gets to them? Worth knowing in negotiations if you deserve some recompense.

[IIIRestorerIII]

simoid said:

Is it like the financial ombudsman, in that companies are levied a fee automatically (£500) if a complaint actually gets to them? Worth knowing in negotiations if you deserve some recompense.

I'm sure someone else can confirm but it worked like a rocket up the Rs.

[IATM]

Thank you very much everyone - That helps me an invaluable amount.
I am going to draft up a formal letter now stating the whole issue I have had and what I am looking to do if it is not resolved within 5 working days.
I will keep the thread updated accordingly

Thanks

[lukefreeman]

Both contracts with EE?

[IATM]

lukefreeman said:

Both contracts with EE?

Hi.
Yes that is correct. 3 months ago u tried to call ee to explain the situation so maybe someone could help but in no uncertain terms they told me to fk off as the old contract provided by them was now closed and the new one was not provided by them.