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So I received a text message form EE today saying they are going to increase my price in accordance with the RPI and that prompted me to have a nosey at their terms and conditions. I then come across this particular clause:
Now I don't know how long this has been in the Ts&Cs but my initial thoughts is that by the inclusion of these terms, it would seem that this is now a regulated conditional sale agreement which CSA's as you may or may not know, fall under the CCA.
What is a Conditional Sale Agreement?
There is plenty of definitions floating around through case law, Halsbury's Law and the FCA legislation. In its simplest form, a conditional sale agreement is one which involves goods being sold to a consumer, where the ownership of the goods are retained by the seller until all of the payments have been made.
in my eyes, EE's clause run very similar to a CSA in that you don't own the phone until after 6 months payment. Despite saying the phone is "free", some of you may know that the ASA describes the word "free" as something which does not require any conditions other than paying for postage and packaging or other admin handling fees. So in fact, by saying that EE retain title to the equipment i.e. the phone, it is not in fact free.
Would be interesting to see if anyone agrees or still believes that those terms do not fall foul of the CCA/FCA rules.
P.s. I have checked the exemptions under both legislation and unable to find anything which mobile phone companies would fall into - if you do find an exemption, please let me know which one.
3.14 After six months of the Minimum Term, and provided You have not broken any condition of this Agreement according to point 3.15 below, You will automatically own the Equipment.
3.15 If during the first six months of the Minimum Term, and before You get ownership of the Equipment provided to You by Us, you break any condition of this Agreement according to points 4.4.5 or 7.3.1, We may giveYou Written Notice to return the Equipment to Us.
3.15 If during the first six months of the Minimum Term, and before You get ownership of the Equipment provided to You by Us, you break any condition of this Agreement according to points 4.4.5 or 7.3.1, We may giveYou Written Notice to return the Equipment to Us.
Equipment means any equipment that You use to access the Services
What is a Conditional Sale Agreement?
There is plenty of definitions floating around through case law, Halsbury's Law and the FCA legislation. In its simplest form, a conditional sale agreement is one which involves goods being sold to a consumer, where the ownership of the goods are retained by the seller until all of the payments have been made.
in my eyes, EE's clause run very similar to a CSA in that you don't own the phone until after 6 months payment. Despite saying the phone is "free", some of you may know that the ASA describes the word "free" as something which does not require any conditions other than paying for postage and packaging or other admin handling fees. So in fact, by saying that EE retain title to the equipment i.e. the phone, it is not in fact free.
Would be interesting to see if anyone agrees or still believes that those terms do not fall foul of the CCA/FCA rules.
P.s. I have checked the exemptions under both legislation and unable to find anything which mobile phone companies would fall into - if you do find an exemption, please let me know which one.
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