T-mobile change in T&C

chattychappy

Pity.....

Not got time to write a long post now, but if considering making an offer you should take a look at CPR Part 36. (Google "part 36 offers".)

Don't be put off that they rejected your verbal offer. If nothing else, it will show that you know what you are doing, as verbal offers don't have the same status.

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.

It may swing the emotion of the moment if it goes to court - ie make them look a bit silly... but just as likely it is to make them look honest and transparent for admitting their mistake - which they then remedied. It sounds like a separate issue which is not the basis of your claim, so don't get too distracted.

thedalmeny

Well i’m going to seek some legal advice on this matter.

Anyone got any hints or tips, please feel free to post them here, would be appreciated.

Anyone know long this entire process takes from now till the day in court on average?

thedalmeny

chattychappy wrote: »

Pity.....

Not got time to write a long post now, but if considering making an offer you should take a look at CPR Part 36. (Google "part 36 offers".)

Don't be put off that they rejected your verbal offer. If nothing else, it will show that you know what you are doing, as verbal offers don't have the same status.

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.

It may swing the emotion of the moment if it goes to court - ie make them look a bit silly... but just as likely it is to make them look honest and transparent for admitting their mistake - which they then remedied. It sounds like a separate issue which is not the basis of your claim, so don't get too distracted.

Yeah, that was my concern. That it would seem to show they’ve acted responsibility to rectify the situation.

Within that instance I will highlight the T&C where T-Mobile reserve the right to cancel the agreement and ask for all the money to repaid if you violate any important term and condition within the agreement. Trying to point out that while they afford themselves that right, they don’t give the consumer the same.

Also that they actually highlighted that the customer can terminate without cancelation fee on two conditions..

That it is of material detriment and that they haven’t received the proper amount of notice.

Although yes i agree, that is more an additional point. My main point will be that the EU roaming charges have risen and that under T&C and the EU directive i should be permitted to cancel without an early termination fee.

Regardless that T-Mobile makes the distinction between a service and an additional service, the EU directive does not.

Using the other points as small additional points where i feel they have violated the contract.

Whatever happens in court, it’ll be interesting to say the least. I really hope i can put my argument across clearly and articulately, so it gives some clarification to other users when mobile companies try to operate in these grey ‘additional services’ area.

I won’t be making any more offers on settlement to them though, verbal or written. They know now exactly what i’d settle for to avoid court, if they want to settle i’m sure they’ll send me a letter offering what i’ve asked for.

Going to consider this now a 100% certainty that it’s going to court and start to prepare for it.

rev_henry

Shame on you T-mob for stringing it out right till the end. I'm sure if someone owed you money you'd be on it straight away. Good luck thedalmeny. We await judgement! I imagine it'll be a month or so before you get your day in court. Bear in mind still that it'll go to YOUR local county court not theirs, so they may not bother showing up in the end. I don't know where you live, but e.g. if you lived in Carlisle I doubt they'd send someone to defend it all the way from Hatfield. If that happens then you'll get default judgement of course.

thedalmeny

rev_henry wrote: »

Shame on you T-mob for stringing it out right till the end. I'm sure if someone owed you money you'd be on it straight away. Good luck thedalmeny. We await judgement! I imagine it'll be a month or so before you get your day in court. Bear in mind still that it'll go to YOUR local county court not theirs, so they may not bother showing up in the end. I don't know where you live, but e.g. if you lived in Carlisle I doubt they'd send someone to defend it all the way from Hatfield. If that happens then you'll get default judgement of course.

Cheers.

I live in Burton Upon Trent, with the court house only 1-2 miles from my house.

So that’s what, a good 2 hour journey at least from Hatfield.

It would shock me if they let this go all the way to court and then turn up, i would be very surprised. Surely they will be spending more than £660 to defend it and even the legal person i’m liaising with admitted on the phone that it is incredibly unlikely that they would get any costs award in court if they won.

Plus then there is the risk for them of defending it and losing it, resulting in more loss. Also i’m pretty confident with my case. Plus i’ll be claiming the costs for me having to take a day off work, which whacks that up.

Regardless though i’m going to prepare under the assumption that they’re going to turn up, then just defend it as best i can i guess.

rev_henry

thedalmeny wrote: »

Cheers.

I live in Burton Upon Trent, with the court house only 1-2 miles from my house.

So that’s what, a good 2 hour journey at least from Hatfield.

It would shock me if they let this go all the way to court and then turn up, i would be very surprised. Surely they will be spending more than £660 to defend it and even the legal person i’m liaising with admitted on the phone that it is incredibly unlikely that they would get any costs award in court if they won.

Plus then there is the risk for them of defending it and losing it, resulting in more loss. Also i’m pretty confident with my case. Plus i’ll be claiming the costs for me having to take a day off work, which whacks that up.

Regardless though i’m going to prepare under the assumption that they’re going to turn up, then just defend it as best i can i guess.

Exactly, it just isn't worth it for a big company. Well I'm up in Cumbria which is quite a bit further, if I go to court with this, which it looks like I'll have to. I'm just waiting for your verdict mainly .
Of course, belt and braces.

ACDeag

I think the whole "Additional Service" analogy works if you are talking about a BT line and BT raise the price of their broadband because you can get broadband from someone else. With roaming charges you cannot go elsewhere without also taking line rental and then you would be paying two companies for line rental, the original one that raised the charges and the new one, where would it end!!

It is about time that whole Additional Service definition with mobile operators was shot down as being untrue.

gjchester

thedalmeny wrote: »

Cheers.

I live in Burton Upon Trent, with the court house only 1-2 miles from my house.

So that’s what, a good 2 hour journey at least from Hatfield.

It would shock me if they let this go all the way to court and then turn up, i would be very surprised. Surely they will be spending more than £660 to defend it and even the legal person i’m liaising with admitted on the phone that it is incredibly unlikely that they would get any costs award in court if they won.

Plus then there is the risk for them of defending it and losing it, resulting in more loss. Also i’m pretty confident with my case. Plus i’ll be claiming the costs for me having to take a day off work, which whacks that up.

Regardless though i’m going to prepare under the assumption that they’re going to turn up, then just defend it as best i can i guess.

The defendant can ask for it to be moved to a court that has juristriction in the area they are based ie closer to them, so it may be 1-2 miles from Hatfield and 2 hours journey for you if they do so.

You can only claim up to £50 loss of earnings too.

It may be they are figting it to set a point of law, so if they win, if anyone elsse tries the same move they have legal backup, allthough small claims cours don't set a precident it can be refered to in future cases.

smcaul

The "Additional Services" bit is a non starter for them - check the T&C's and the first part under definitions clearly defines "additional Services" as "Services", so the two are actually the same thing.

thedalmeny

UPDATE:

Received the allocation questionnaire.

Has been assigned to my local court, T-Mobile can appeal for it to be changed but they need a good reason. Can’t imagine they’d have a good one for it to be changed.. Especially as mine is ‘We’ve got a 3-4 month old baby’ if they did.

Got until 14th of September to submit it to the court, will fill it in tonight and get it off tomorrow. I’d imagine T-Mobile in classic fashion will leave it till the 13th of September lol.

So it keeps on moving forward so far