
A possible mistake made by mobile and broadband provider EE (BT) during the order process for a new customer’s full fibre (FTTP) line, which resulted in their installation taking longer than expected, has helped to highlight an interesting conflict with Ofcom’s long-running Automatic Compensation scheme.
The voluntary compensation scheme, which first launched on 1st April 2019, was originally setup to payout compensation to consumers under a series of specific circumstances. One of those includes delays with the start of a new service, which occurs where your provider promises to start a new service on a particular date but fails to do so. In that case the ISP must compensate £6.46 for each calendar day of delay.
It all sounds simple enough, but not if your ISP doesn’t agree on the date for when the compensation counter should start, which is our entry point for today’s story. EE recently declined to compensate one of their new full fibre broadband customers, Philip, after their installation was initially delayed, seemingly through no fault of his own.
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According to Philip, he originally signed up for EE’s broadband package on 25th September 2026 and was at that point given an installation date of 6th October 2026. But a day before this installation was due Philip rang EE to check on progress, as he hadn’t been given any further updates since the original email 10 days earlier, the one that appeared to confirm the details of his order.
At this point Philip states that EE’s support agent informed him that they had apparently lost or failed to process the original order correctly. The support agent corrected for this by re-doing the order, but his service was then not installed until 13th October 2026 – effectively a week later.
Under Ofcom’s scheme, EE should be compensating the customer for this. But EE allegedly declined to do this, arguing instead that the documentation issued on 25th September was merely pre-contract information and did not constitute confirmation that his order had been formally accepted. The provider instead argued that compensation eligibility is determined by the dates recorded once an order has been accepted into its provisioning system.
Philip told ISPreview:
“EE did not make me aware that the order had not been progressed properly. I thought it was odd that I had not received any updates following the initial email order confirmation so I rang the call centre the day before the appointment date.
EE’s approach was to effectively shrug their shoulders and say I just needed to place a new order. No offer to expedite a new order given the inconvenience or the fact it was an issue EE’s side, which was the most disappointing thing. I would expect EE to have better processes in place to identify when there is an issue with the order journey.”
In fairness to EE, the provider’s original email did express that Philip had been given a “provisional installation” date and that they would “confirm it within five working days“, which didn’t happen (note: it was a fairly short install window and a weekend sat in the middle). The same email also included a sub-headline to highlight that the information constituted “PRE-CONTRACT INFORMATION“, albeit without defining what that actually meant in practice.
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The situation thus raised an interesting question mark, firstly over the point at which a broadband provider can start the clock for compensation, should the installation suffer a delay. EE had not sent a final confirmation message after the original email to confirm the installation date, but equally they had provided Philip with a provisional date and did not provide any indication that this had been changed or cancelled.
Sadly, EE opted not to provide ISPreview with a comment, but they did maintain to us that an order was NOT placed on 25th September, despite the customer being given a clear written indication that it had. Instead, EE informed us that an online order journey was started on 25th Sept, however they say this process was not completed, which we know was not communicated to Philip who – based on the information he received – believed it had completed.
So, it could be viewed as an administrative case of “computer says no” from EE’s side and they believe, since no order was recorded as being placed, there would not be a basis for automatic compensation for delayed provision. We can appreciate both sides here, since EE’s system is clearly saying one thing to their staff, while how that system communicated with the customer is perceived to be saying another.
EE also maintains that the order was ultimately provided within their commitment time and thus, they believe, did not actually face a real delay – arguably this is perhaps their strongest point in defence. But such things were not clarified in their email to the customer. In addition, once the order was re-made on 5th Oct, they dispute Philip’s account by saying the install was then fast tracked and argue there is no evidence of EE making an error.
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At the end of the day nobody disputes that Philip wanted the service, which was indeed later installed, or that he first tried and – from his perspective and the written evidence – logically believed his original order had been correctly placed. Indeed, we’ve seen no evidence to suggest otherwise. But clearly EE disputes that there was any fault with their internet system or a need for compensation.
Ofcom informed ISPreview that, under their compensation scheme, “where a provider has confirmed in writing an initial date for a customer’s broadband service to be activated, automatic compensation is payable if the service is not activated by 11.59pm on that date, subject to some exceptions set out in the voluntary Code of Practice.” So far as we could tell, none of the listed exceptions appeared to be clearly applicable to this case.
A spokesperson for Ofcom said:
“Whether that requirement has been met in an individual case will depend on the particular circumstances, including what information the provider confirmed to the customer.
Customers who believe they should have received automatic compensation should complain to their provider in the first instance. If the issue cannot be resolved, they can then take the complaint to an Alternative Dispute Resolution scheme. Ofcom does not resolve individual disputes between customers and providers.
Where a customer is not eligible for automatic compensation, providers should clearly explain why.”
The regulator also points out that being part of the Automatic Compensation Scheme “does not stop a provider from paying compensation in situations that fall outside the scheme where it might be appropriate to do so“. For example, the customer may have separate rights under general consumer law and be entitled to compensation.
At the end of the day Philip says the amount of compensation owed in this case is small and is not such a concern. Philip only raised it to make people aware that such situations can arise, as well as to help get some clarity over where customers in this admittedly quite rare and awkward situation actually stand.
The reality at this moment is that, short of EE acknowledging a mistake and agreeing to compensate, clarity may not come unless Philip decides to pursue the provider through the Communications Ombudsman (the independent ADR complaints handler for EE) and we hope he does – if only for the sake of clearing up any confusion and setting a precedent to help others.
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Years ago back in 2017 I ordered a SIM only plan from EE. I was sent an email confirmation, order confirmed and a SIM card would be sent out to me.. all that jazz.
Nothing arrived. Phoned up a week later and they claimed my order didn’t exist and that they could place a new one over the phone.
Told them shove it and went elsewhere. So, I have no trouble believing Philip did everything right and it was just a cock up on EE’s side.
Surely the rules of automatic compensation, as defined by ofcom is its only once the committed date is confirmed that it kicks in. It’s not an EE thing. If the provisional date is to be argued as red, then every single full fibre install where external work is needed that causes delays would be eligible and there would be a heck of a lot of people hitting the 60 day threshold for orders without ever having a commitment date.
Heck it could be a money spinner if you live in the middle of nowhere. Place an order, cancel on day 60 before any work is done and then do it again and again.
Don’t get me wrong, if the ordering system with EE malfunctioned and the customers order didn’t get placed then they should be compensated, but not under the auto compensation scheme since this is not within the scope of its rules.
Yes that’s right the rule says “if it does not activate a customer’s fixed line or broadband service by 11.59pm on the date initially confirmed in writing with that customer.”
Confirmed in writing being the operative words and the email received does explicitly say it was an unconfirmed provisional date.
Not sure how EE’s order journey works but there is usually a customer action needed between the issuing of pre-contract information and the order being placed. E.G.
1) Customer places order.
2) Service provider issues pre-contract information for the customer to check over.
3) Customer agrees to the contract having checked it.
4) Service provider confirms order.
5) Service delivered.
Seems it got stuck at step 3 either because the customer didn’t confirm or they did confirm but there was a system failure. In any case I don’t think EE would be on the hook until step 4 is completed as there is no contract until then.
I’m surprised they didn’t send reminder emails though.
The automatic process worked for me. EE call centre operator and initial emails gave one date, the confirmed date was some time later. Didn’t bother to question it as I wasn’t fussed and frankly I wasn’t aware there was a compensation scheme. Once connected I got another automated email to confirm that I’d get about £50 credited to the account.
It’s a shame BT Openreach installs are so unreliable that issuing compensation is so common.
Having just tried to move my BB connection from one house to another, a family house, all I can say is I ain’t surprised.
Step one – tell BT that you are moving. Oh what a joke. they closed the line on the day they should – that was the only thing they managed to get right.
Step 2 – provide BB to the address we are moving to… First thing they, BT, did was cease the telephone line. Then they passed me to an EE sales person who set me up with a mobile modem – which I doubted wouldn’t work at the new address as we have no mobile coverage indoors and very little outdoors. And also told me in a followup eMail effectively my eMail account would be closed.
Step 3 – I stopped that order and tried again – including trying to retain the original ‘phone number. that failed as they cannot understand that a phone line address has the bill paid at or from another address.
Step 4 – EE stopped that order
step5 – 2 repeats of step 3.
Step 6 – a Chairmans complaint letter – does seem to have done something – OR are supposed to turn up next Monday 5 weeks after they where first supposed to provide a working BB system and I still don’t know if I shall retain the original ‘phone number.
If I’d gone to the AltNet in the road this would have been done and I’d have retain the phone number.
Utterly carp service. The whole organisation needs to get rid of one or the other company and only have one sales organisation.
More complicated than that as BT group uses outside call centres for order processing who do not have access to all information. Even internally some agents only have access accepting orders also.
I always push for someone on the next level. On quite times you have more chance of getting more knowledgeable advisors.
Just to add a little more.
Had no ‘phone service for five weeks – just when we really needed a working ‘phone system as we are in the throws of moving.
The lack of ‘phone service is actually worse than the loss of eMail communication – this is being written courtesy of the local pubs free WiFi.
To make a ‘phone call have to drive about 2 miles and park in a field gateway where there is good mobile service. I’ve spent hours in that gateway I recent times.
Really BT has treated a loyal customer very very badly.
People who call to check an order on busy times can go to an outside call centres or lower paid staff, who cancel the order to replace it to gain higher bonus!
Yes this does exists & if witnessed they will be walking out the door, so short gains.
If you have several emails for the new order then leave it run. As this will get you compensation.
Also if the advisor can see the order will drop out anyway or high risk then in your interest to replace order as they get a bonus but customer doesn’t get compensation as it is a NEW ORDER!
So customer does get installed faster while losing compensation, so a double edge sword!
The issue is EE’s fault, imo should be comping something..
Typical EE to blame the customer and not accept responsibility. Wouldn’t surprise me if EE are lying just to avoid paying. I hope Phillip files a complaint, not just for the inconvenience and potential compensation but out of principle.
Vodafone did a similar thing when I ordered FTTC from them a couple of years ago. They claimed that my initial order didn’t go through properly (even though I got email confirmation and everything) and I had to go through the whole process again on a live chat. Two routers were delivered one day apart, so not sure what the problem was with the first order.
In before an update where EE say they are going to give a one-time goodwill account credit for the inconvenience, which just so happens to match the expected payout, now questions from others are being asked!
Its not just EE who have issues with compensation Sky do Openreach do and from what I’m hearing its a common problem that’s bigger than we think. my time line of events spanning over half a year
April 8, 2026: I accepted a Sky marketing offer and booked a Full Fibre upgrade, scheduled for install on May 22. Within five minutes of booking, Openreach text messaged me to warn of a 30-day delay.
May 22, 2026 : No engineer arrived. At no point was I given 24 hours notice that the install was not going ahead / cancelled. had I done the same I would have been charged a fee as per sky’s terms.
June 5, 2026: Following no communication from both Sky and Openreach since April, I lodged a formal complaint. Openreach blamed the missed appointment on a lack of landlord permission to install the ONT due to the building being a Multi-Dwelling Unit (MDU). A third-party contractor had already installed fibre boxes in the corridors above residents front doors and out to the front of the building in September 2025 ready for Openreach to finalise the install.
June 19, 2026: Openreach install the cables from the main on street cabinet to the building and promptly leave.
July 15, 2026: My minimum term contract copper based contract expired. I’m now left in limbo waiting for Sky to fulfil my upgrade order, at that point my monthly bill became a more expensive rolling contract.
September 28, 2026: Openreach and Sky message me to arrange connection on October 16th, I accept the date finally seeing light at the end of what has been a very long tunnel or so I think.
October 13, 2026: Openreach text message asking if the agreed date was still good for work to be finalised no response required if all is ok to continue.
October 16, 2026: I took a day of unpaid leave to be home for the 1 PM – 6 PM slot as agreed with sky and Openreach. I wait and wait and 6pm comes and goes no engineer, no install, no FTTP upgrade & no contact was made with me. again if I do this I get charged for it.
October 17, 2026: It was confirmed by Sky that Openreach made the appointment & did not assign an engineer to my booking.
October 19, 2026: a new installation date for October 27th is offered. half hour later the offered date changes to November 11th. that evening I contact sky and demand compensation. sky promise to get answers from Openreach and say they will call back October 24th.
October 24, 2026: sky miss the promised call back to me, I contacted Sky to be passed between three different departments with no resolution. I was however informed the my upgrade was now cancelled. I request an investigation into the matter and demand answers
November 2, 2026: I contact Sky after being given £32 credit as a way of apology. I request all the call logs to escalate the matter to the regulators to be met with excuses and lies. an hour later I have demanded a letter of deadlock. ten mins later sky inform me via email I have terminated my broadband contract and they are sorry to see me go. I did no such thing.
what has this got to do with EE well EE, Openreach are owned by BT. having been messed round for for as long as I have under the terms set out by Ofcom I’m owed a lot of money, I wont see a penny because of the way its reported or not reported as more people are seeing. my whole saga started off based on a lie from Openreach to the ISP. my address was never ready for FTTP and still is not.
Have I read the article and oxfcom link correctly. I was supposed to have full fibre installed a month ago , but after open reach came, they said they need to feed another fibre line to house, draw line on pavement etc and that it. Actual line not been connected yet,