T-Mobile Contract Cancellation

[Deleted User]

sporedude wrote: »

Hmm or T-mobiles legal eagles will make it go the other way

True, I wouldn't be that confident that a judgement by default is the end of the matter.

smcaul

samba wrote: »

Maybe I'm being thick, but apart from your legal fees, which should be minimal, what money is that? I thought you were just trying to cancel early without the termination fees?

The additional cost of the continuation of the contract until it's termination date.

smcaul

anewhope wrote: »

True, I wouldn't be that confident that a judgement by default is the end of the matter.

We shall see, but they can't be bothered to defend or even acknowledge it at the moment, seems like they don't want it going any where near a court!!

dougz_2

Did you consider taking it to CISAS instead of small claims? That might get you some additional compensation, like the £100 someone got, and it would add to the file of upheld complaints.

smcaul

I didn't consider CISAS, from past experience they tend to take too long, so just went down the SCC route.

To be honest, I'm not bothered about compensation, I just want them to do what is in the contract between us, nothing else, my claim was only for the minimum amount needed, I could have made it for more. To me it is much more the principle rather then the value (monetary). If two parties enter into a contract then they should stick to it, if one wants to change that contract then that means the other party has the option to exit the contract with out any further charges.

T-Mobile could just make these changes for new contracts, but this would make things complicated, so they decide to alter everyones contracts, fair enough, but then they should also expect people not to like it and leave.

Judgement by default has been awarded, so will contact T-Mobile today to ask them when they are going to pay, if I don't get a satisfactory answer then I will just issue the Warrant.

rachyrach2k

let us know how you get on. I may put in a small claim against them myself

smcaul

Just had confirmation from their legal dept that will be sending a cheque for the full amount

Looks like 1-0 to me

rachyrach2k

well done! :j

dougz_2

smcaul wrote: »

Just had confirmation from their legal dept that will be sending a cheque for the full amount

Well done. What is the cheque for? i.e Does it mean they still bill you for what they said was the remaining contract but you use their cheque to pay them back, or have you already disconnected and had to pay a lump sum of the remainder which they are now refunding?

smcaul

dougz wrote: »

Well done. What is the cheque for? i.e Does it mean they still bill you for what they said was the remaining contract but you use their cheque to pay them back, or have you already disconnected and had to pay a lump sum of the remainder which they are now refunding?

For the former, i.e. they are still billing, but I can then disconnect and use the money as the early termination fee, or continue until the end of the contract which is now effectively free. Either way it is now not costing me anything so am not tied to the contract for the remaining one month on one of the contracts and 2 months on the other one.

It has also cost them all the court fees as well, so far more then just the termination fees.

Oh, and the cynic in me thinks that they let it go to default judgement so that they did not have to defend the case, nor did they have to admit liability either. So by just not answering the summons they have left it still in limbo for everyone else. Which means in my mind that for anyone to get out of the contract they would have to start CC proceedings, which in reality most people will not do.

A victory for me personally, but as a whole not really a resolution as the question of whether their stance is legal or not is still not answered.