How can I ask for compensation from T-Mobile?

sporedude

Have fun with T-mobiles team of expensive lawyers....

[Deleted User]

What's that got to do with it? The law is simple: Shop (that's T-Mobile) sells faulty goods (in first case, the phone, in latter cases, the repairs) to customer who offers consideration (payment for services) that causes customer to suffer a direct loss as a result. It doesn't matter whether they have 'expensive lawyers' or not. You can't polish a turd...neither can you dispute what is - as the CAB advised me - a pretty clear-cut case.

Or, if you want to get lawyerly: but for T-Mobile's repeated failure to repair my phone - and their failure to sell me a working phone in the first place - I have suffered a direct loss.

digp

Deleted_User wrote: »

Regarding their T&Cs: it is also a fundamental principle of the law of tort that you can't 'T&C' your way out of negligence or malpractice. You can sign a contract with me in which I state that I'm not liable if I prang your car by driving like a looney, but if I DO actually prang your car while driving like a looney I think you'll find the law will laugh at the agreement. You can't contract out of negligence.

Actually you will find that you can contract out of liability for negligence except where it causes personal injury or death.

sporedude

That probably happens once in a blue moon....

digp

Deleted_User wrote: »

What's that got to do with it? The law is simple: Shop (that's T-Mobile) sells faulty goods (in first case, the phone, in latter cases, the repairs) to customer who offers consideration (payment for services) that causes customer to suffer a direct loss as a result. It doesn't matter whether they have 'expensive lawyers' or not. You can't polish a turd...neither can you dispute what is - as the CAB advised me - a pretty clear-cut case.

Or, if you want to get lawyerly: but for T-Mobile's repeated failure to repair my phone - and their failure to sell me a working phone in the first place - I have suffered a direct loss.

T-Mobile will have a clause in the contract limiting what you can recover.

sporedude

Would be a nicer world if people actually read the T+C's at point of sale...

[Deleted User]

Why is everyone so against me in this? What have I done wrong?

Yes, I read the T&Cs...six years ago when I first joined One to One as it was then! You don't have much choice but to sign them...what should I do...search around for a mobile phone provider that DOESN'T have such a clause? Because I'm sure it doesn't exist! I have to have a phone, so arguing 'I should have read the T&Cs' is missing the point a bit: the question should be 'are the T and Cs fair?'. T-Mobile have cocked up. I have suffered as a result. Why is it so hard for you to actually have a bit of sympathy for me?

What an unsympathetic bunch!

[Deleted User]

Ah, I see. I've just noticed you WORK for T-Mobile. Explains it all. It would be a nicer world if people working in T-Mobile stores didn't screw up every time I took my phone in and told me that a) it was screwed and couldn't be repaired, so should be replaced, b) didn't tell me to buy a new charger and waste more money when that wasn't the problem, c) actually TESTED the phone before returning it to me (as this could have identified that it wasn't working before I got it back).

I'm sorry, but I'm a bit rattled by this. T-Mobile are clearly in the wrong. Whether they are in the wrong legally or whether I have a claim is irrelevant, but can you at least see that they've messed me about and shouldn't have? No terms and conditions, clauses or contracts can avoid the fact that they have really provided me with a bad customer experience.

digp

There is a choice - don't use a phone at all.

What is unfair about the exclusion of liability? you were running a business using a consumer line, how were / are T-Mobile to know this?

Advice: switch to a business line with a better provider, e.g .o2 and port your number across.

You are not entitled to any "compensation" IMO.

digp

Deleted_User wrote: »

Ah, I see. I've just noticed you WORK for T-Mobile. Explains it all.

Who? Me? No I don't.