Upheld: Complaints handling failures complaint against EE Limited
Financial Ombudsman decision DRN-6247933 of 2026-06-26T00:00:00+00:00. Complaints handling failures complaint against EE Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-6247933 |
|---|---|
| Decision date | 2026-06-26T00:00:00+00:00 |
| Firm | EE Limited |
| Product | Personal loan |
| Claim type | Complaints handling failures |
| Outcome | Upheld |
| Remedy | End the device plan agreement with nothing more to pay; arrange return of the device with no further cost; refund all payments made under the agreement with 8% simple interest from date of payment to settlement; remove any adverse information from Ms G's credit report; pay £250 compensation for distress and inconvenience caused by EE's failure to handle the complaint fairly. |
Summary
Ms G purchased a mobile phone from EE in April 2025 based on the store guide's recommendation that it had 5G connectivity, which she had specified as essential. The phone was not 5G compatible, and when Ms G tried to return it, the store guide admitted they had incorrectly told her about a 14-day return policy. Ms G complained to EE and provided the store guide's apology email in June 2025, but EE continued to reject her complaint for five months, mischaracterising it as a 'change of mind' issue rather than mis-selling. The Ombudsman upheld the complaint, finding EE should have recognised the mis-sale from the evidence provided and that its prolonged failure to support Ms G, a vulnerable customer, caused her further harm. EE was ordered to end the agreement, refund payments with interest, remove credit file information, and pay £250 compensation.
The Ombudsman's reasoning
The Ombudsman agreed the phone was mis-sold, as EE had already accepted this. The focus was on EE's handling of the complaint. EE had multiple opportunities from June 2025 onwards to recognise the mis-sale based on the store guide's apology email that Ms G provided, but failed to do so for approximately five months. This prolonged failure to support Ms G, combined with her vulnerable customer status (unable to read contract terms, determined to save money), caused her further financial and emotional harm. Under the Consumer Duty, EE should have offered helpful support to enable Ms G to end the contract quickly. The £250 compensation was appropriate to reflect the impact of EE's failures over the extended period.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| EE Limited, all decisions | 110 | 43% |
| Complaints handling failures, all decisions | 4,471 | 37% |
| Personal loan, all decisions | 23,643 | 29% |
Source
Read the original decision on the Financial Ombudsman Service website