Reclaim an EE early termination charge

Early termination charges (ETCs) are the fees a provider bills when you end a contract before the minimum term is up. They are allowed in principle, but Ofcom rules cap what EE can actually charge and require EE to hand you clear contract information before you sign. EE has already been caught on both fronts. In 2024 Ofcom found EE and Plusnet made more than a million sales without giving customers the contract summary and contract information document they were owed under rules in force since 17 June 2022, which meant an exit fee should never have been payable. Separately, Ofcom found EE calculated ETCs off a higher undiscounted price rather than what customers were really paying, leaving around 400,000 people overcharged. If either applies to you, the charge is recoverable.

Reviewed by Corey Musa, Founder·Last reviewed June 2026·LinkedIn

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Your rights

Under Ofcom's General Conditions (in force since 17 June 2022), EE must give you a contract summary and contract information document before you commit, and these must spell out any early exit charges. If EE didn't, Ofcom is clear the contract is not binding on you and the exit fee should not be payable. Separately, an ETC must reflect EE's genuine loss, not a penalty. It should be based on the discounted price you were actually paying, with deductions for costs EE no longer incurs once you leave (such as third-party network or line costs, and VAT). A charge built on the full undiscounted tariff is excessive, and Ofcom found EE did exactly that. The Consumer Rights Act 2015 also bars contract terms that cause a significant imbalance to your detriment.

Step by step

1Dig out your original contract paperwork and check whether EE sent you a contract summary and contract information document before you signed. Then pull the final bill showing the ETC and note how many months were left on your term.
2Work out what a fair charge looks like: take the monthly price you actually paid (after any discount), multiply by the months remaining, and strip out VAT and any network or third-party costs EE stops paying once you leave. Compare this with what EE billed.
3Write to EE quoting your account number. State that the ETC is excessive and/or that you were not given the required pre-contract information under Ofcom's General Conditions, and ask for a refund of the difference within 14 days.
4If EE refuses or ignores you after eight weeks (or sends a deadlock letter sooner), escalate free to the Communications Ombudsman, which can order a refund.

What they'll say, and your comeback

“The early termination charge is set out in your contract, so it stands.”

Comeback, A charge being written into the contract doesn't make it lawful. Ofcom requires it to reflect EE's genuine loss based on the discounted price I paid, not the full undiscounted price, and the Consumer Rights Act voids terms that are unfair. Show me the calculation.

“We sent you all the contract documents at the time.”

Comeback, Then please send me copies of the contract summary and contract information document you say I received before signing. Ofcom found EE failed to provide these to over a million customers, so I'd like proof mine were sent.

“Refunds are only for customers we've already identified and contacted.”

Comeback, EE was required to refund affected customers, but that doesn't remove my right to claim. I'm asking you to check my account against the same criteria and refund me directly.

FAQ

I already paid the early termination charge. Can I still get it back?

Yes. Paying it doesn't waive your right to challenge it. If the charge was excessive or you were never given the required contract information, you can ask EE to refund what you overpaid, and escalate to the Communications Ombudsman if they refuse.

How do I know if my charge was inflated?

Compare what EE billed against the discounted monthly price you were actually paying times the months left, minus VAT and costs EE stops incurring once you leave. If EE's figure is noticeably higher, it likely used the full undiscounted tariff, which Ofcom has already found was excessive.

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A self-serve tool, not a law firm. General information, not legal advice.