T-Mobile Contract Cancellation

sporedude

From the OFCOM website:
"The cost of calls to these numbers are regulated for BT customers. Other providers’ charges are not regulated and may therefore vary so you should speak to your service provider for more information or advice."

So yeah they are covered by their own T+C's.

Intasun32

lawbunny wrote: »

These T&Cs were what you should have read before you signed up for the contract, and were what you agreed to of your own free will. If you didn't like it, you should have got a pay as you go.

This my friends what the networks will say when you put them on the spot.

My answer to that is:

In all binding business contracts any changes by either side will leave the contract null and void, with compensation payable to the injured party. Such is in our contracts, the very small print is interpreted in the networks favour so they do as they want.

The last time I had sight of any T&C or even a contract was my first 121 contract back in 1994. Now all online contract are made with a click, never are we given access to the full written T&C. Carphone Warehouse send you the T&C AFTER you have signed the contract but at least it arrives.

Once a contract has been signed the T&C are binding, except in the Mobile Phone Industry, where charges can increase at the will of the Network. I wonder what TM would say if I asked that the cost of my line rental be reduced for the remainder of my contract? Yes you have guessed it, It begin with an 'F' and the second word ends with an 'F'!!!

There are many complaints regarding Networks not only in the UK but also in Europe where the EU are looking into the industry. The same is happening in the US and Australia. Something will have to give soon, the consumer has been screwed for too long.

:mad: :mad: :mad:

rachyrach2k

Spot on!

I have now escalated my email to the head office in which I have quoted various bits of the Unfair Terms in Consumer Contracts Regulations 1999.

Regulation 5(1) sets defines the principle of unfair.

• Has not been individually negotiated
• Causes significant imbalance in the parties rights and obligations.
• Contrary to the requirement of good faith.

Regulation 8 provides that an unfair term "shall not be binding upon the consumer".

It then goes on to state that traders should not increase the price of the product without allowing you the right to cancel. This is deemed to be unfair under the UTCCR.

So regardless of the 08x call charges being part of the price plan or being an additional service, they are still part of the contract, a change has been made and therefore is deemed unfair and I have the right to cancel.

smcaul

To be honest T-mobile cant decide what the 08 numbers fall under, I have been told they were 3 different things today, a service, an additional service and something else as well (can't remember what it was). My call was escalated up to the directors office. I asked them to read their own T&C's, particularly section 1 which gives all the definitions, there it clearly states for the purpose of the contract, additional services are classified as a Service!!

As a result I started a small claims action against them today. Will see what a court says about the contract and where the 08 numbers fall.

sporedude

Maybe if they dont increase the the charge they wont have any money to invest in free Web N' Walk and stuff like that. That was there excuse charging for voicemail I think.

rachyrach2k

do let us know how you get on with the claim

JimArnold

Well so far I have 3 e mails from what TMobile laughingly call customer service re 08 numbers

the first ignored my question; the second claimed that this was an additioanl service not part of my price plan - shame the combi price plan detailed these costs.
So when I pointed this out I finally goit an email admitting that it is part of my price plan but claimimg they could charge what they like and telling me that under some price plans I can now dial Estonia cheaper !

Big Deal

my bank is 0845 number and in UK not Estonis

As I e mailed back - I will now apply to Offcom pointing out that T Mobile had deliberately tried to mislead me and have drawn comparisons to Lousi Hamilton - yes I know its far fetched but I fervently beleive that dishonestly should be punished

If Offcom won't act then I will avoid Y mobile in tyhe future and urge everyone to do the same

this will probably gain them a few £'s in revenue over the remaininbg 10 months of my contarct but they will lose me as a customer - possinbly forever.and I will do my best to discourage anyone from having T mobile as a supplier. Probably costing them thousands of £s over the next few years

seems a dodgy busimess plan to me !

Intasun32

JimArnold wrote: »

....the second claimed that this was an additioanl service not part of my price plan - shame the combi price plan detailed these costs.

If Offcom won't act then I will avoid Y mobile in tyhe future and urge everyone to do the same

@Jimarnold,

I understand the frustration that you are feeling, as like you, I have been in dispute with a network.

T-Mobile may well be correct in stating that NG numbers are not included in your price plan BUT they did form part of the contract that you agreed with TM.

I was told by OFCOM that they will not act on an individual complaint, they will acknowledge & file it. Which says it all. You will have to take your complaint against TM to CISAS, the industry arbitration service, but you can only do so after 12 weeks from when you lodged your first letter/ call. You can do so earlier if you receive a 'deadlock' letter from TM saying that the complaint can go no further.

Don't build your hope to high of CISAS finding in your favour, as like most adjudicators, they are as useful as a chocloate teapot, very pro industry. If they do find in your favour the outcome will be minimal. For example in my case my network were members of Otelo, the other industry adjudicator, even when they found my favour the main points of my complaint were ignored and they ruled that the network had to forward a letter of apology. They had always denied responsibility and said that they had done nothing wrong.

Saying all that still go for it as all complaints are kept on record and if there are enough then Ofcom will then act.

:mad: :mad: :mad:

bakerlad1983

call this number to miss out customer services and go straight to complaint department. This is the number for when you complain via the internet.

hth

08454122866

Buzby

All this talk about contracts, yet nobody makes the connection these complaints are against tariffs - which are NOT specifically part of the contract.

The consumer is deemed to have accepted the contract whether they have read it or not, they don't even have to sign it - simply making a payment is full acceptance of the prevailing T&C's plus any amendments. Sure, it stinks - but that's the way the rules are interpellated (and upheld) by the courts.