EE – small claims viability after cooling-off cancellation not actioned

[markyparky02]

I have a dispute with EE following a mobile phone upgrade in June 2025.

I cancelled the upgrade within the statutory 14-day cooling-off period, which EE accepts in writing. EE also accepts that a return was noted, but that return packaging was not sent and the return was not completed due to internal issues. EE also confirms that I made a follow-up call approximately one week later to chase the cancellation.

Despite this, EE continued charging me and now refuses to refund on the basis that the plan was “used”, even though the only reason it continued was EE’s failure to process the return after accepting the cancellation.

During my second call, I also asked to be moved to a SIM-only plan, specifying the tariff I wanted, but this was not actioned.

EE has since stated they will accept the unused handset back, but only if I take it to a return location at my own cost, despite the original cooling-off return being free of charge.

EE has issued a deadlock letter and did not respond to my Letter Before Action.

I am considering issuing a small-claims action to recover charges applied after the cancellation date. Does this sound like a viable small-claims case?

Many thanks.

[echat11]

Have you sent them a Subject Access Request?

Do that first, that will provide you with evidence to build your case.

You could lodge a complaint with the Services Ombudsman, you have a 'Deadlock' letter.
See if they can help resolve the dispute.

[markyparky02]

Thanks for the reply. I have already made a subject access request and received the documents, including the audio recordings of both phone calls where I made the cancellation request and to be placed on a SIM-only deal. The contract I was on at the time had finished.
I know I can go to the ombudsman, but to be honest, I would prefer the small claims court as I have experience in that setting (former county court bailiff).

[echat11]

Thanks for the reply. I have already made a subject access request and received the documents, including the audio recordings of both phone calls where I made the cancellation request and to be placed on a SIM-only deal. The contract I was on at the time had finished.
I know I can go to the ombudsman, but to be honest, I would prefer the small claims court as I have experience in that setting (former county court bailiff).

Well done on getting the SAR information.

The problem you may have is that the Judge / Court may ask why other dispute mechanisms hasn't been considered.
The Service Ombudsman isn't great, it is what it is. But going to them shows that you've tried everything.

Find out if EE is a embers of any other dispute mechanisms. Court should be the last resort.