T-mobile change in T&C

Adamr

hemmy1 wrote: »

Aimake, that is very interesting and T-mobile should of done the same. This really makes T-Mobile look bad.

Has anyone started small claims proceedings yet? It really doesn't feel like they are going to engage with this matter of the laws they are clearly breaking. No reply indicates they acknowledge they are in the wrong.

I can't afford my cancellation fee so I will just stop using my phone on the 25th and get a pay as you go SIM. I tried to get my PAC code but found out this is effectively a request canceling the contract and again I can't afford it. However I will claim for any additional charges I incur due to this inconvenience.

What would be nice though is if T-Mobile had to back down and not only honor the most persistent of complainers but actually followed the law and informed all customers of their right to cancel.

After all I'm sure a lot of people would be interested and would benefit if only they had legally been informed. I have no sympathy for T-Mobile, if times are hard then so be it don't start re-writing your own industry regulations....

Thats the thing, I really just want them to say ok and let me leave. I dont really want to go through the courts.... who does ?? But until a precedent has been set what do we do ?? I think they are currently reviewing all the complaints from people who have mentioned the EU directive... If shortening the length of time for them to give notice is not of material detriment to me, I dont know what is ????

tionito

This was the reply of t-mobile regarding the change in T&C regarding the notice period;

The changes made to your termination rights in our terms and conditions are due to guidelines laid down by OFCOM. We changed the notice period to 30 days instead of one calendar month to make it clearer for our customers.

aimake

just found this on the http://eur-lex.europa.eu homepage, where the 22/EC is also listed. Just very recently (5.5.2009) the European council clarified that
"(21) The right of subscribers to withdraw from their contracts
without penalty refers to modifications in contractual
conditions which are imposed by the providers of electronic
communications networks and/or services."

Happy days.

Source:
http://eur-lex.europa.eu/Result.do?RechType=RECH_celex&lang=en&ihmlang=en&code=52009AG0016

e55at

aimake wrote: »

"(21) The right of subscribers to withdraw from their contracts
without penalty refers to modifications in contractual
conditions which are imposed by the providers of electronic
communications networks and/or services."

Happy days.

Does that work in our favour?

Not too sure what to make of it!

Adamr

I got an email friday telling me they would deal with my account within 5 days. I got a reference number from them. Do I take the silence as accepting to cancel my contract without charge or do I need to send them another email stating they havent dealt with me etc etc ??

harj1185

Just got a call from T-mobile from the cust.rel team! Was at work so caught me off guard. The lady was saying that she's had a chat with the legal team and the roaming is an additional service outside the t&c and as such cannot terminate without charges. I said I was actually drafting a letter to them and she said to attach it to an email again. I was going to quote the EC directives you guys had found, and use the template someone had posted above.

Any advice on this? What's everyone else doing at the moment. Has anyone cancelled, paid the fee and started proceedings? I'm looking to get the new iPhone anyway so may just do this if nothing positive comes of this.

Adamr

harj1185 wrote: »

Just got a call from T-mobile from the cust.rel team! Was at work so caught me off guard. The lady was saying that she's had a chat with the legal team and the roaming is an additional service outside the t&c and as such cannot terminate without charges. I said I was actually drafting a letter to them and she said to attach it to an email again. I was going to quote the EC directives you guys had found, and use the template someone had posted above.

Any advice on this? What's everyone else doing at the moment. Has anyone cancelled, paid the fee and started proceedings? I'm looking to get the new iPhone anyway so may just do this if nothing positive comes of this.

I'm not even going to answer the phone to them! I'm waiting for the email that says they cannot terminate without a fee and then I'll reply quoting the EU directives (again).

boloney

got a replay:
Thank you for getting back to me. I'm sorry you remain unhappy with my response.

For further help, I've contacted our legal department.



I must advise that these changes have come about as a result of guidelines from ofcom to ensure customers have a clear indication of the exact no of days of notice period for termination.



We do not consider that such changes give you the right to cancel without charge.



Thank you again for your time and I hope that I've provided further clarification.



Kind regards



Carmen Lloyd-Bannan

Complaint Investigations


Any advice on this?

Malky

Why is everyone so keen to get out of their T-Mobile contracts? Is their service so bad or something?
Just wondering because if that's the case then I'll know to avoid them in the future.

sporedude

Just using a change in terms to escape a contract, Nothing wrong with T-mobiles service.