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T-Mobile Contract Cancellation

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  • smcaul
    smcaul Posts: 1,088 Forumite
    do let us know how you get on with the claim

    I will do.

    Also, the more people that complain the better. Complain to Russell Taylor who is the customer services director Tel: 01707 315000 and ask for him by name, you then go through to his office. The more of us that bug them the better.
  • smcaul
    smcaul Posts: 1,088 Forumite
    Buzby wrote: »
    All this talk about contracts, yet nobody makes the connection these complaints are against tariffs - which are NOT specifically part of the contract.

    I disagree strongly with that, the cost of the calls is an integral part of the contract, otherwise the operator could decide to increase the prices 100x or more without penalty.
  • lawbunny
    lawbunny Posts: 225 Forumite
    Nope, not at all. All your contract is is that you agree to pay £x.xx for x months. The tariff does not form part of the actual contract agreement, this is why you are free to change your tariff as much as you want throughout your commitment period. You can change to ANY tarriff offered by T-Mobile (so long as it is not cheaper than the monthly charge you agreed to with your contract): the problem here is that people are just not happy with the tariffs offered. A fair point maybe (yes, I accept that 40p per min to make a phone call is more than a tad ridiculous), however the individual call charges form NO PART of the T&Cs.

    Additionally, everyone here seems to be focussing on the T&Cs but ignoring the fact that the T&Cs to which they agreed (as many people have repeatedly pointed out) actually allow T-Mobile to change any charges they want! The only remedy provided for is that if they want to increase your monthly line rental charge (ie the £x.xx I mentioned in the first paragraph) then you can cancel. Bottom line is, whether you like the T&Cs or not, these are the T&Cs to which you agreed!

    As to a remark earlier about not being able to view the T&Cs before accepting the contract, this is nonsense. When I quoted from the T&Cs in an earlier post I cut n paste directly from the T&Cs available in full on the website. And to customers who connect via telesales on the phone, you have a 7 day period under DSR to return the handset etc and cancel for ANY reason if you are not happy - it is up to you to check the T&Cs in full in this time and if you're not happy you can cancel then.

    I am not commenting as an employee of a mobile network here, as I was accused of before (like I have already stated I think the 40p per min charge is majorly excessive), but I am commenting based on my knowledge as a law student on this matter.
    I accept no liability if you chose to rely on my advice.
  • cepheus
    cepheus Posts: 20,053 Forumite
    edited 6 April 2009 at 6:13PM
    Assuming one can cancel their Tmobile contract what is the cheapest MOBILE option for 0845?

    Actually my friend spends about £50 a month almost solely on 0845 calls so surely Flext 40 is now better value for him?

    £40.00
    Flext 40
    (18 months)
    You get £225 credit to spend on UK and international calls and texts, picture messages, 08 numbers and voicemail. Now with UNLIMITED internet
  • repoamuse
    repoamuse Posts: 95 Forumite
    edited 6 April 2009 at 6:58PM
    cepheus wrote: »
    Assuming one can cancel their Tmobile contract what is the cheapest MOBILE option for 0845?

    Actually my friend spends about £50 a month almost solely on 0845 calls so surely Flext 40 is now better value for him?

    £40.00
    Flext 40
    (18 months)
    You get £225 credit to spend on UK and international calls and texts, picture messages, 08 numbers and voicemail. Now with UNLIMITED internet

    3 prepay is 10p per min.

    OR

    calling via 18185 0.5p per min - 3p per min for 0845. 1p - 5p per min for 0870.

    http://www.18185.co.uk/mobilerates.php

    tis the option ive used for a couple of years now.

    £2.50 prize via paypal to anyone who post anything cheaper infact.
  • JimArnold
    JimArnold Posts: 519 Forumite
    But LawnBunny T mobile claim that the reason they can increase these charges is that they are NOT part of my tarrif !

    Also if they are not part of my contract - as you claim - then surely I could refuse to pay any such charges as I had not agreed to them !

    No the tariff forms part of your contract; the reason you can change tariff is that like any contract it can be varied if BOTH sides agree. Hence why T mobile will agree to a change if its not reducing the cost and why they are trying to claim its not part of the tariff as the contract allows me to cancel if they increase those charges by more than RPI
    TANSTAAFL !
  • smcaul
    smcaul Posts: 1,088 Forumite
    I still disagree with you Lawbunny. The cost of the calls forms an integral part of the contract, you do not pay £xx per month for an all inclusive service. You pay £xx per month that gives you £xxx of calling credit. The buying decision is formed by knowing what those costs will be for the duration of the contract.

    Now T-mobile call 08 numbers an additional service, and state that additional services do not form part of the contract. However, under section 1. of their contract where they define everything, they clearly define "additional services" as a "service", as such it clearly forms part of the contract, they defined it as such, they can't have it both ways.

    As I said the court papers have now been issued, so I will await their response and that of the courts.
  • JimArnold
    JimArnold Posts: 519 Forumite
    Just had a call from T mobile apparently they have had very few complaints about the increase in 08 number charges !

    Perhaps more of us need to complain !
    TANSTAAFL !
  • smcaul
    smcaul Posts: 1,088 Forumite
    JimArnold wrote: »
    Just had a call from T mobile apparently they have had very few complaints about the increase in 08 number charges !

    Perhaps more of us need to complain !

    That's not what I was told by them. I was told by several different people at T-Mobile that they had had a lot of complaints!!!!
  • JimArnold
    JimArnold Posts: 519 Forumite
    smcaul wrote: »
    That's not what I was told by them. I was told by several different people at T-Mobile that they had had a lot of complaints!!!!

    Are you saying that T mobile customer support tell fibs - surely not !
    TANSTAAFL !
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