T-Mobile change of Terms and conditions - can contract be cancelled?

rev_henry · 30 June 2009 at 4:14PM

I've just had a link to the following sent to my T-mobile contract phone.
http://www.t-mobile.co.uk/services/uk/08-09-tcupdate/

Along with a message saying roaming terms are changing on 1st July, and some other terms on 1st August.

Now, I understand that if a detrimental change is made then I can cancel my contract without early termination fee.
The detrimental change I have found is that roaming charges are going UP. It will cost 44p a minute instead of 38p to call UK from abroad.

I've only a few months ago cancelled my 3 contract because of a similar technicality regarding the 3 like home service, so can my new T-mobile one be cancelled in the same way? This WILL have a detrimental effect on me as I'll be using my phone abroad in a couple of weeks.

Jon_01 · 30 June 2009 at 4:56PM

Roaming isn't part of your core plan, so no, no ability to cancel, sorry...

rev_henry · 30 June 2009 at 5:35PM

Thanks, but this debate has already been had on the 3 thread. Roaming forms part of the price plan, as does any other service they provide. If it didn't then so many people would not have been able to cancel their 3 contracts early.

hieveryone · 30 June 2009 at 5:36PM

I used to work for a mobile phone company and the detrimental changes were on an individual basis. So, if you regularly use your phone for roaming and incur charges, therefore this increase will significantly increase your bill, you would be eligible.

peregrin · 30 June 2009 at 5:43PM

Some people on the 3 thread in a similar situation with the 3 Like Home issue argued that they were planning on using the service in the very near future, and that part of the reason for them signing up in the first place was that they knew they would be travelling at some point in the contract and therefore the roaming prices were a key consideration.

It is hard for operators to argue with that, without calling you a liar - so might help?

rev_henry · 30 June 2009 at 7:13PM

Thanks peregrin, and hieveryone. Well as I said I'm going away to Belgium in a couple of weeks and I will be using my phone there so that certainly helps.

hieveryone · 30 June 2009 at 9:50PM

Doesn't help AFTER the announcement I'm afraid.

Andyblizz · 1 July 2009 at 12:24PM

hieveryone wrote: »

I used to work for a mobile phone company and the detrimental changes were on an individual basis. So, if you regularly use your phone for roaming and incur charges, therefore this increase will significantly increase your bill, you would be eligible.

3 tried to make out that you had to have used the service prior.

But i know of many cases where the service was not used and people still cancelled. My wife being one of them.

hieveryone · 1 July 2009 at 12:32PM

Andyblizz wrote: »

3 tried to make out that you had to have used the service prior.

But i know of many cases where the service was not used and people still cancelled. My wife being one of them.

Well that's just being dishonest.

Andyblizz · 1 July 2009 at 12:45PM

Why is it being dishonest. She was on an 18 month contract and in that time she will travel with me to Italy.

Therefore it will be of detriment to her then.

taken from three's on T&C

d. Within one month of a detrimental variation to your agreement. You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan) which is likely to be of detriment to you. You must give written notice to 3 Customer Services within that month and your agreement will finish at the end of that month once we receive your notice. (A Cancellation Fee will not be charged.)

The key word is likely !

v_Keyser_Soze_v · 1 July 2009 at 1:53PM

hieveryone wrote: »

I used to work for a mobile phone company and the detrimental changes were on an individual basis.

hieveryone wrote: »

Doesn't help AFTER the announcement I'm afraid.

hieveryone wrote: »

Well that's just being dishonest.

Sorry but you sound like you still work for the mobile phone company - what a load of old tosh!

The T-Mobile T&C on that link state:

2.11.2. If You are a Consumer and the change is of material
detriment to You, We will send You Written Notice 30 days
before the terms and conditions are due to change. The
new terms and conditions will apply to You once that
notice has run out, unless You terminate Your Agreement
with Us within that notice period. If You do this You won’t
have to pay any Cancellation Charge that would otherwise

apply, see point 7.2.3.2.

This is essentially the same as the '3' T&C which allowed so many people to cancel their contracts early with the loss of '3 like home'.

How you can call someone dishonest for intending to cancel their contract early when a change in the T&C results in higher charges beggars belief

The simple fact is that you may not have used this service in the past but you may use the service in the future, regardless of whether you intend to right at this moment or not. In this case you could argue that the recent announcement by Vodafone that they have abolished roaming charges this summer could make their tariff more attractive than the T-Mobile one you agreed to when you signed your contract. Therefore, I personally feel that anyone who does intend to try and cancel their T-Mobile contract on this basis is perfectly justified in doing so.

It is hardly dishonest if the company invites you to terminate without an ETF because of the changes is it?

T-Mobile change of Terms and conditions - can contract be cancelled?

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