T-mobile change in T&C

rev_henry

Well I've just written a letter back to my initial response from T-mob, just stating the usual. This time I've invoked the EU directive which I forgot the first time.

thedalmeny

Still haven’t submitted a defence.

I believe it’s Wed or Thurs that the 28 days expires, so they’re either going to leave it to the very last moment to delay as much as possible.. Or just not submit.

boloney

thedalmeny why 28 days?
i put claim against easyjet at https://www.moneyclaim.gov.uk and they has only 14 days to defent.

rev_henry

boloney wrote: »

thedalmeny why 28 days?
i put claim against easyjet at https://www.moneyclaim.gov.uk and they has only 14 days to defent.

If they 'acknowledge' the claim then they're given a further 28 days.

thedalmeny

rev_henry wrote: »

If they 'acknowledge' the claim then they're given a further 28 days.

Yeah.

Basically they have 14 days from the day they’ve received the small claims court details, which they deem to be 2/3 days after it has been issued.

If they acknowledge the claim, they have a further 14 days. So in total 28 days from when they have received it.

I’m still sitting on acknowledged. I got a horrible feeling they’re just going to submit a defence on Wednesday, delaying as much as possible. Just want to goto court now, get a bit of consumer justice for myself .

I really can’t imagine this going all the way to a court room though, with a letter from their own customer complaints department apologizing and admitting they gave me no notice of the change.. I’ve essentially have written evidence that they violated both their own T&C and the EU Directive.

thedalmeny

Well if T-Mobile do intend to defend, they’re cutting it close to the wind.

Still sitting on acknowledged.

So unless they submit a defence today or tomorrow.. I should in theory be able to issue judgement on Friday.

Put in the claim on the 27th of July. They acknowledged the claim on the 31st of July. So 28th of August should be 28 days from first being issued with the claim.

thedalmeny

Well this is great.. Spoke to small claims online to double check date i can submit judgement.

Will be the 1st/2nd of September.

Due to the fact, even though they acknowledged it on the 31st, they still receive the full 5 days allotted before the claim is considered received. Silly really.

Well if they haven’t submitted a defence by Friday, i’m pretty sure they aren’t going to at all.

thedalmeny

So just to keep this updated.

Spoke to someone at MCOL again to get a firm date i can apply for judgement.

Will be Tuesday 1st September

Basically they have until tomorrow to enter a defence.. I’m still sitting on acknowledged.

If they haven’t.. First thing Tuesday i am able to apply for default Judgement. Which will take up 24 hours, if they however receive a defence on that day it’ll still be entered and i won’t get default judgement.

They can however if i get default judgement, apply for the judgement to be set aside. They will however need a good reason for this, ie: Why did they acknowledge the claim within 3 days and not submit a defence in a timely manner.. And have to prove to a judge that they can convincingly win the case. Otherwise the judgement will stand or a hearing will be arranged.

I’m in two minds.

Either -

They aren’t going to submit a defence

They’re waiting to the very last day to submit one to drag it out

thedalmeny

UPDATE:

I've recieved a defence.. on the last day lol.. Cheecky *******s.

It's all the general jargin.. Saying EU Directive does not apply etc. That's it's on our court to prove why it does...

They event admitted in the defence that they violated their own T&C regarding notice, but because they offered to give me an additional months notice.. Then it shouldn't count.. Which i think is ridiculas.

I shall ring them later to discuss settlement like they asked, but i will only settle under the condition the contract is cancelled on there end.. And forget about any money i've lost since having the contract.

I'll update in the afternoon with how that discussion goes.

Looks like this is all going ahead. As i will not withdraw my claim.

thedalmeny

Ok.

Having spoken to the legal department.

They have rejected my offer of settlement verbally.

They did however ask for it to be put in writing to them, for records. Which i’ve refused to do, on the basis it’ll just get refused anyway so let’s just goto court and get this matter resolved.

So.. Looks as tho this is going all the way.