Court Action Against Tmobile - I need advice
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I need ideas and advice to take EE (Tmobile) to the Court for refund of my money they took from my Bank Account which was not part of what I was sold when I took their phone deal over the phone.
Case Briefs
I called Tmobile that I wanted my contract terminated at the end of the contractual limitation period. I was contacted by an adviser who persuaded me to stay by offering me any of the following two SIM Only deal:
1. Rolling one month contract for life.
2. Twelve months contract at half price the rolling one month contract.
Both options came with unlimited calls to 01, 02, 03 numbers and some other freebies.
I accepted the rolling one month contract despite it was the higher premium because of the flexibility of cancellation by just one month notice and can easily upgrade should I wish to.
After nine months I observed I was charged calling 01, 02, and 03 numbers. I only knew when I intended to submit my six month Bank Statements and redacting non-relevant information I saw the huge bill from Tmobile. I contacted Tmobile and I was assured they would recalculate and returned all the money. I was thankful and left it at that.
When I observed it was not done I contacted Tmobile (now EE) that I was assured the money would be recalculated and refunded. I was told that the adviser who sold the deal to me never stated that I was offered unlimited calls to 01, 02 and 03 but they already added unlimited calls to me after I contacted them about it. As such they would not refund all the money they took before I contacted Tmobile as there was no written evidence at their end by the adviser.
I then provided screen shot of my handset to demonstrate the Unlimited calls were included at inception from the evidence using the facility "AL" to "150", but Tmobile refused that the adviser did not record it on their system. So things unfortunately progressed to the CISAS Adjudicator to resolve.
The Adjudicator found that there were Unlimited calls to 01, 02 and 03 numbers for the first three months of the contract. Strangely the Adjudicator then agreed with Tmobile that I ought to have mitigated my loss by calling much earlier. That as Tmobile argued it was my responsibility to check my bill every month.
So the adjudicator only awarded only a fraction of the money Tmobile took from my Bank Account, then directed Tmobile to issue an apology for poor service as well as awarded me a fraction of the cost of compensation I requested.
As I was told that I can only accept or reject the decision, I rejected the decision.
Way Forward
I would need to progress my case to the Court of Law. I need generous advice and ideas from anyone who have experience in this area of law to share with me how best to put my case to the Court.
Thank you for all your help in lieu.
Case Briefs
I called Tmobile that I wanted my contract terminated at the end of the contractual limitation period. I was contacted by an adviser who persuaded me to stay by offering me any of the following two SIM Only deal:
1. Rolling one month contract for life.
2. Twelve months contract at half price the rolling one month contract.
Both options came with unlimited calls to 01, 02, 03 numbers and some other freebies.
I accepted the rolling one month contract despite it was the higher premium because of the flexibility of cancellation by just one month notice and can easily upgrade should I wish to.
After nine months I observed I was charged calling 01, 02, and 03 numbers. I only knew when I intended to submit my six month Bank Statements and redacting non-relevant information I saw the huge bill from Tmobile. I contacted Tmobile and I was assured they would recalculate and returned all the money. I was thankful and left it at that.
When I observed it was not done I contacted Tmobile (now EE) that I was assured the money would be recalculated and refunded. I was told that the adviser who sold the deal to me never stated that I was offered unlimited calls to 01, 02 and 03 but they already added unlimited calls to me after I contacted them about it. As such they would not refund all the money they took before I contacted Tmobile as there was no written evidence at their end by the adviser.
I then provided screen shot of my handset to demonstrate the Unlimited calls were included at inception from the evidence using the facility "AL" to "150", but Tmobile refused that the adviser did not record it on their system. So things unfortunately progressed to the CISAS Adjudicator to resolve.
The Adjudicator found that there were Unlimited calls to 01, 02 and 03 numbers for the first three months of the contract. Strangely the Adjudicator then agreed with Tmobile that I ought to have mitigated my loss by calling much earlier. That as Tmobile argued it was my responsibility to check my bill every month.
So the adjudicator only awarded only a fraction of the money Tmobile took from my Bank Account, then directed Tmobile to issue an apology for poor service as well as awarded me a fraction of the cost of compensation I requested.
As I was told that I can only accept or reject the decision, I rejected the decision.
Way Forward
I would need to progress my case to the Court of Law. I need generous advice and ideas from anyone who have experience in this area of law to share with me how best to put my case to the Court.
Thank you for all your help in lieu.
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Comments
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but why did it take 9 months to notice i look at my bill every month to check its correctWhat goes around-comes around0
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Why three? How have they found this?....
The Adjudicator found that there were Unlimited calls to 01, 02 and 03 numbers for the first three months of the contract.
Well, this isn't strange. That's what bills exist for.Strangely the Adjudicator then agreed with Tmobile that I ought to have mitigated my loss by calling much earlier. That as Tmobile argued it was my responsibility to check my bill every month.
MSE article: Small Claims CourtI would need to progress my case to the Court of Law. I need generous advice and ideas from anyone who have experience in this area of law to share with me how best to put my case to the Court.
However, I don't quite understand what sort of evidence it was:screen shot of my handset to demonstrate the Unlimited calls were included at inception from the evidence using the facility "AL" to "150"0 -
1) You can issue a small claim after sending a formal Letter Before Legal Proceedings setting out (a bit more clearly than your post) how they have broken the contract, what remedy you demand and that you will issue proceedings within 14 days if they fail to comply.
2) You may have legal cover on your insurances (e.g. home insurance); if so, it is free and they may take it up for you.
You have been (like many) extremely tardy in NOT checking your own bank statements, but if you can prove the contract was as you state and that T-Mobile broke it you should be able to recover the loss, together with court costs and statutory interest from the date you issue the summons.0 -
But as stated by the adjudicator, the court will expect you to have mitigated your losses. It might well agree that by continuing to use the services and pay the billed amount, you accepted a change to the contract terms.
How much are we talking here? Enough to warrant getting some proper legal advice?0 -
I had the believe that corporate organisations in the United Kingdom would not intentionally defraud her customer. I am learning the hard way.robbies_gal wrote: »but why did it take 9 months to notice i look at my bill every month to check its correct
Tmobile provided generated monthly bills for ten months. The first three months there was no single call to 01, 02, and 03 numbers. When they applied 01, 02, and 03 on the ninth month after I raised the issue, there was no single call to 01, 02 and 03 numbers thereafter. On my phone there were still several calls showing numbers to 01, 02 and 03 numbers which I took photographs of them to demonstrate the time of those calls and time of the calls to mobile phones that were registered on the bills.Why three? How have they found this?
Tmobile started there was no evidence that I had 01, 02 and 03 numbers on my deal. When I demonstrated with the screen shots they changed to that they dont have the evidence at their end and since they dont have the evidence I ought to have mitigated my loss by calling on time.
Well, this isn't strange. That's what bills exist for.
Am I permitted to upload the decision of the Adjudicator here without contravening any rule?MSE article: Small Claims Court
However, I don't quite understand what sort of evidence it was:
I did this before Tmobile suggested I take the case to CISAS. When the Adjudicator reached his decision I contacted Tmobile if they would pay me all the money regardless that the Adjudicator only decided a fraction of the money for not mitigating my loss. Tmobile said categoricallly NO. That I can either accept or reject the decision. If I reject the decision then they would not pay me a penny. That they defended my case because they believe I ought to have mitigated my loss.mobilejunkie wrote: »1) You can issue a small claim after sending a formal Letter Before Legal Proceedings setting out (a bit more clearly than your post) how they have broken the contract, what remedy you demand and that you will issue proceedings within 14 days if they fail to comply.
The only prove is the mobile screen shots as they refused to give me any paper deal or confirmed the deal in written format. I pleaded to the Adjudicator in my submission to order Tmobile to produce all calls that were not recorded but he refused by stating that it was not within his remit to seek out evidence to bolster the case of either party.mobilejunkie wrote: »2) You may have legal cover on your insurances (e.g. home insurance); if so, it is free and they may take it up for you.
You have been (like many) extremely tardy in NOT checking your own bank statements, but if you can prove the contract was as you state and that T-Mobile broke it you should be able to recover the loss, together with court costs and statutory interest from the date you issue the summons.
I never accepted it because when I text "AL" to 150 on my phone when I took the contract I received the package by return sms. So I never knew they would remove the rolling one month contract without informing me. I never had sight of the first month bill until Tmobile generated it which I can tell was wrong because I never had 12 months deal but rolling one month deal hence paid the higher premium.But as stated by the adjudicator, the court will expect you to have mitigated your losses. It might well agree that by continuing to use the services and pay the billed amount, you accepted a change to the contract terms.
How much are we talking here? Enough to warrant getting some proper legal advice?
The money they took from my account runs over some hundreds of British Pounds. Furthermore they have been charging me more than £5 in ADDITION to the agreed monthly fee without any information sent to me. They asserted it accounted for the freebie (free booster). That since after the original 12 months (recall I accepted the rolling one month deal for life) it became an automatic payment without having to inform me.0 -
I understood the first two sentences where you're complaining about 'fraud'. The rest? I afraid I haven't a clue what you mean by any of it.I had the believe that corporate organisations in the United Kingdom would not intentionally defraud her customer. I am learning the hard way.
Tmobile provided generated monthly bills for ten months. The first three months there was no single call to 01, 02, and 03 numbers. When they applied 01, 02, and 03 on the ninth month after I raised the issue, there was no single call to 01, 02 and 03 numbers thereafter. On my phone there were still several calls showing numbers to 01, 02 and 03 numbers which I took photographs of them to demonstrate the time of those calls and time of the calls to mobile phones that were registered on the bills.
Tmobile started there was no evidence that I had 01, 02 and 03 numbers on my deal. When I demonstrated with the screen shots they changed to that they dont have the evidence at their end and since they dont have the evidence I ought to have mitigated my loss by calling on time.
Am I permitted to upload the decision of the Adjudicator here without contravening any rule?
I did this before Tmobile suggested I take the case to CISAS. When the Adjudicator reached his decision I contacted Tmobile if they would pay me all the money regardless that the Adjudicator only decided a fraction of the money for not mitigating my loss. Tmobile said categoricallly NO. That I can either accept or reject the decision. If I reject the decision then they would not pay me a penny. That they defended my case because they believe I ought to have mitigated my loss.
The only prove is the mobile screen shots as they refused to give me any paper deal or confirmed the deal in written format. I pleaded to the Adjudicator in my submission to order Tmobile to produce all calls that were not recorded but he refused by stating that it was not within his remit to seek out evidence to bolster the case of either party.
I never accepted it because when I text "AL" to 150 on my phone when I took the contract I received the package by return sms. So I never knew they would remove the rolling one month contract without informing me. I never had sight of the first month bill until Tmobile generated it which I can tell was wrong because I never had 12 months deal but rolling one month deal hence paid the higher premium.
The money they took from my account runs over some hundreds of British Pounds. Furthermore they have been charging me more than £5 in ADDITION to the agreed monthly fee without any information sent to me. They asserted it accounted for the freebie (free booster). That since after the original 12 months (recall I accepted the rolling one month deal for life) it became an automatic payment without having to inform me.
If you present your case to the court in the same way as you've presented it to the forum, you'll lose, regardless of the rights or wrongs of it, because the court just won't know what case you're trying to make. Is English not your first language?
If you want to take this further I'd suggest you get some proper legal advice, at the very least get some help from someone who's able to gather your argument together into something that will make sense to a court.0 -
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I do not understand your point. I also do not think it is proper to attack my language.I understood the first two sentences where you're complaining about 'fraud'. The rest? I afraid I haven't a clue what you mean by any of it.
If you present your case to the court in the same way as you've presented it to the forum, you'll lose, regardless of the rights or wrongs of it, because the court just won't know what case you're trying to make. Is English not your first language?
If you want to take this further I'd suggest you get some proper legal advice, at the very least get some help from someone who's able to gather your argument together into something that will make sense to a court.
As you must have read my initial post I was partly successful but I rejected that Adjudicator's decision.
I wish to further my case to the Court and came here to get ideas or advice.0 -
Upload in the sense of creating an image file of the Adjudicator's decision and linked it to this thread.I don't understand meaning of the word 'upload' in this context, but certainly Adjudicator isn't the final instance and there decision can be appealed in the court.
I already decided to go to the Court by rejecting the decision of the Adjudicator but wanting to gather some ideas on how best to prepare my case to optimise the outcome.0 -
But as stated by the adjudicator, the court will expect you to have mitigated your losses. It might well agree that by continuing to use the services and pay the billed amount, you accepted a change to the contract terms.
How much are we talking here? Enough to warrant getting some proper legal advice?
I would agree with this, and odds are so would a court.
You should probably take proper legal advice before continuing as there is a good chance you could end up out of pocket if a court did decide you failed to mitigate the loss.====0
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