T-mobile change in T&C

thedalmeny

Have written this regarding there code of practise. and asking them why they aren't following it.

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Hi Susan

I would like to ask why you’re not following your own Code Of Practice when regarding my complaint.

I will point out the below from your code of practice:

Step 5. If you do not respond to the letter from T-Mobile within 14 days of its issue, the complaints procedure shall
be at an end. If you respond by accepting the offer of settlement or proposal to resolve the complaint, T-Mobile
shall within 7 days of receipt of your letter either:
• Reply to your letter acknowledging your rejection, upon which the complaints procedure shall be at an end, or;
• Reply to your letter putting forward new proposals in respect to which the provisions of points 4 onwards
above shall apply.

You have made an offer verbally over the telephone to issue me with a refund for all additional roaming charges i incur over the phone. Which i have rejected by email.

In addition – regarding other points where i felt due to increase in roaming costs it violated your T&C and allowed me to cancel. You refused that gave me the right to cancel. Which i again rejected by email.

So, it is my right according to your code of practice to deny any resolution you have put forward to me, which i have done. After which your code of practice say this applies:

If after discussion with T-Mobile you are still unhappy with any aspects of our services, we have established, in
consultation with the Chartered Institute of Arbitrators, a straightforward and convenient procedure for
independent, dispute resolution. This process may be used where we are unable to resolve your complaint after a
period of 12 weeks from the date of your initial complaint has passed or if we write to you at any time informing you
that we cannot resolve the complaint.

As your code of practice says, i either have to wait 12 weeks or you write to be informing we are unable to come to a resolution regarding the complaint.

So i would like to know why you’re not following your own code of practice regarding my complaint, so i am able to start contacting CISAS.

As per your own code of practice, i would like you to send me the letter informing me you’re unable to resolve my complaint as we both can’t come to agreement. As i have rejected any resolution you have suggested by email. So i can follow the procedure laid out in T-Mobiles code of practice.

I will follow up this email with a phone call.

thedalmeny

Well i spoke to the lady again via phone to follow up my email regarding the T-mobiles code of practice.

After quoting them – she has said that now they haven’t put ‘this shouldn’t be considered a deadlock letter’ on the letter they’re sending me. In addition to that, if CISAS won’t go forward with the letter they’ve sent me. To contact her again by email to reject the letter, to which she’ll reply promptly with another one that will satisfy CISAS requirements of a deadlock letter.

God it’s amusing, soon as i pointed out the code of practice she backpedalled like crazy. I did put out how disturbing it was that the complaints department are not aware of their own code of practice. And will put that in a complaint letter to the HQ of T-Mobile regarding how poorly she has dealt with the matter.

Cheers.

thedalmeny

The amusement just keeps on coming lol.

Not only 15-20 minutes after my call. I received one back.

Basically just informing me that once the letter comes, i am able to reject it if i wish. But that i can’t goto CISAS directly, as it doesn't mean the complaint has ended. As she needs to consult legal team again as there may be an alternate offer given to me to resolve the matter.

So she’s gone from “This is legals firm stance and we don’t feel we’ve done anything wrong”

To “We may offer you something else to resolve it” lol.

So frankly my thinking is. She’s realized she is stuffed regarding the codes of practice and that i will be able to goto CISAS soon. So like most companies, may just give in knowing that i will take the issue to CISAS and sooner rather than later.

Reason i'm posting constantly is hopefully my saga will help others resolve their matter more quickly than i am mine.

smcaul

Personally I dont understand why so many of you are messing around with CISAS and T-Mobiles customer services. Tell them waht the problem is, point out the T&C's wait for them to reject your complain etc by letter/email then take them to the small claims court, over and done with in a matter of a couple of weeks, none of this wait for 12 weeks, but need a deadlock letter first.

If you are sure of your position then there is nothing to loose by going through the SCC, my battle with T-Mobile was far shorter then most people who seem to want to pursue T-Mobile through their own complaints procedure.

thedalmeny

smcaul wrote: »

Personally I dont understand why so many of you are messing around with CISAS and T-Mobiles customer services. Tell them waht the problem is, point out the T&C's wait for them to reject your complain etc by letter/email then take them to the small claims court, over and done with in a matter of a couple of weeks, none of this wait for 12 weeks, but need a deadlock letter first.

If you are sure of your position then there is nothing to loose by going through the SCC, my battle with T-Mobile was far shorter then most people who seem to want to pursue T-Mobile through their own complaints procedure.

Small claims court is the best way to do it, 9 time out of 10 they just won’t turn up. Costs them more to do so.

Problem is however. Small claims court is exactly that, small claims. You have to claim some sort of amount. Which you can’t do unless you cancel your contract, pay the early termination fee and then file to small claims for that early termination fee back.

You’ll then have to wait for a warrant to be issued as they normally don’t pay up before that.

I will go down that avenue if i have to, but i want to avoid the £600 early termination fee before doing so. As i don’t fancy being minus £600 for a couple of months.

rev_henry

Very interesting to see how this is going. I wrote recorded delivery to head office on Friday, haven't heard back yet. Thing is, I don't mind not cancelling if they make me a reasonable offer of compensation for this, as I have cashback waiting to come through, but doesn't really look likely.

I wonder if going down the SCC route you could actually sue them for any pretty small amount regardless of whether they owed it or not and you'd win because they wouldnt bother turning up?! Not that I would actually do that of course, oversteps the mark a bit.
Reminds me of the guy who sent bailiffs round to OneTel's head office for £5 they owed him; they just repeatedly ignored him and didn't show in court, until it got to that stage.

iceburn

that is why I have not cancel my t-mobile at the end cause all the money / time is being spent due to wife father in hospital. At the end of the day health of a person is more important than money.

aimake

well, lol, I have been told the same:
“We may offer you something else to resolve it” and "I will call you back tomorrow", that was 2 days ago. Guys, they are just messing and delaying the process.

thedalmeny

aimake wrote: »

well, lol, I have been told the same:
“We may offer you something else to resolve it” and "I will call you back tomorrow", that was 2 days ago. Guys, they are just messing and delaying the process.

I suggest keep pushing and state the code of practice firmly. Also threaten to make a complaint regarding the treatment you have recieved against the person dealing with your complaint.

Person i'm dealing with is firmly aware i will keep calling every 1-2 hours during the day unless i get quick action, make yourself such a pain in the !!!! that they want to deal with your request just to get rid of you.

What always strikes me is how they feel they can get away with treating people like this. It's a shame you have to become such a pain in their !!!! before they'll take you seriously, damning consumer rights to hell.

I've experienced it with Pipex, Orange, British Gas, Npower.. They're all the same.

thedalmeny

Right.

Have received the letter by email (Asked her to forward it there so i could reject more quickly).

Have now rejected the offer they’ve made – was informed by complaint women that i will receive an update on Monday at the latest. Either with an alternative offer from Legal or a deadlock letter.

Was actually speaking to the lady in complaints about the cost of CISAS for T-Mobile and whether Legal may just permit my request for cancelation without charge. as she confirmed it did cost T-Mobile quite allot. I think what lays within my favour is that they never gave me any notification of the change until one day after, so i got an extra bit to argue and the fact they’ve admitted that by offering me a refund on roaming costs for a 30 day period.

Plus the fact that i am requesting a deadlock type letter so they’re fully aware that this will goto CISAS and get taken further.