How to cancel your EE mobile contract early
Cancelling a mobile contract early usually means paying an early termination fee. However, there are specific situations where you have the right to exit your EE contract without penalty. Knowing your consumer rights is key to avoiding unnecessary charges.
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You may be able to cancel your EE mobile contract early without penalty under specific circumstances: 1. **Material Detriment (Ofcom General Conditions of Entitlement, GC C1.6)**: If EE makes a change to your contract terms that is to your 'material detriment', you generally have the right to terminate your contract without charge. This most commonly applies to significant price increases not explicitly outlined in your original contract terms (e.g., beyond a standard RPI/CPI + X% increase). EE must notify you of such changes and give you at least 30 days to cancel. 2. **Poor Service (Consumer Rights Act 2015)**: If the mobile service provided by EE is not fit for purpose, not as described, or not carried out with reasonable care and skill, you may have grounds to terminate your contract. You would need to demonstrate that EE has failed to uphold its obligations under the Consumer Rights Act 2015, despite giving them opportunities to resolve the issues.
Step by step
- 1Review your contract and the reason for cancellation. Check your original terms and conditions, especially regarding price increase clauses or service level agreements. Identify if your reason for cancellation falls under material detriment (e.g., a mid-contract price hike) or persistent poor service.
- 2Contact EE customer service. Clearly state your intention to cancel and the specific reason, referencing your rights under Ofcom's General Conditions (GC C1.6) for material detriment or the Consumer Rights Act 2015 for service issues. Request that any early termination fees be waived.
- 3Gather evidence and escalate your complaint. If EE denies your request, document all communications, dates, and details of the issues (e.g., screenshots of price increase notifications, records of network problems). If EE's formal complaints process doesn't resolve the issue, request a "deadlock letter" or wait 8 weeks.
- 4Refer your complaint to the Ombudsman Services: Communications. If you're unable to resolve the dispute directly with EE, you can take your case to the independent Ombudsman Services. They will review your evidence and make a binding decision on EE.
What they'll say, and your comeback
“You signed a fixed-term contract, so you must pay the remaining balance.”
Comeback, My right to cancel without penalty is not based on the fixed term itself, but on the material change to the contract (or poor service) as per Ofcom's General Conditions C1.6 or the Consumer Rights Act 2015. I expect these rights to be upheld.
“The price increase was in our terms and conditions, so it's valid.”
Comeback, While some increases are permitted, Ofcom's General Conditions C1.6 state that if a change is to my material detriment, I have the right to exit without penalty. This increase goes beyond what was reasonably expected or clearly outlined as a non-discretionary increase.
“We've offered to resolve your service issues, so you can't cancel.”
Comeback, Despite your attempts, the service remains consistently below the standard expected under the Consumer Rights Act 2015. I have given you reasonable opportunities to rectify this, but the issue persists, making the service unfit for purpose.
FAQ
What are early termination fees and how are they calculated?
Early termination fees are typically the sum of your remaining monthly line rental charges, minus a discount for costs EE saves (like not having to provide service or collect payments). EE should clearly outline how this is calculated in your contract or on their website.
Can I keep my phone number if I cancel early?
Yes, you can request a Porting Authorisation Code (PAC code) from EE. This code allows you to transfer your existing phone number to a new provider. EE is legally obliged to provide this code to you.
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A self-serve tool, not a law firm. General information, not legal advice.