T-mobile change in T&C

iceburn

Aimake you do realise you just mention one of 7 big changes in the Term and condition which you can use to cancel your contract. Cause when the Version 56 come into effect.

On new T&C 7.2 Your Termination Rights

7.2.2 You can only give us notice to terminate this agreement by calling customer services. Your agreement will terminate 30 days from when we receive your call, although you are free to change your mind and call us to withdraw your notice of termination at any time during that period. You will be responsible for all charges up to and including the date that this agreement terminates.

On Version 55 (old T&C) 7.2 Your Termination Rights

7.2.2 You can give us notice to terminate this agreement at any time by calling customer services. Your agreement will terminate one calendar month from when we receive your call. You must pay us everything you owe us if you terminate this agreement, including any cancellation charges as desribed below.

Now how that is detriment to you?

It restrict your way to cancel from (you can call, to "you have to call"),
It change notice period from one calendar month to 30 days (change number of days (but talking a day or two here, but still.))
but on one bright thing can use the new one to get out of paying cancellation charges but to be honest wont be worth the risk!!

also got until 31st May to cancel due to Starbucks being remove as a hotspot access as well. Reason we are cancelling is cause our dongle E172 has completely fallen apart. So unless they give us a free one in 30 days the contract will be cancel.

For ppl who want to cancel through they dont make it easy through!! and you need to speak to disconnections and trying to get transfer to them is hard.

aimake

iceburn,

thanks, t-mobile really know how to screw things up. lol.

Btw, they should have informed us about EU directive 2002/22/EC (electronic communications networks and services (Universal Service Directive)) , Article 20.4:

"Subscribers shall have a right to withdraw from their contracts without penalty upon notice of proposed modifications in the contractual conditions. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions."

(directive came into force in the UK 1.Feb.2003)

Maybe BBC watchdog should look into this!

iceburn

rickyc wrote: »

won't they just say that wifi is an extra service

even if they do, they walk into other trap the change in the T&C.

iceburn

aimake wrote: »

iceburn,

thanks, t-mobile really know how to screw things up. lol.

Btw, they should have informed us about EU directive 2002/22/EC (electronic communications networks and services (Universal Service Directive)) , Article 20.4:

"Subscribers shall have a right to withdraw from their contracts without penalty upon notice of proposed modifications in the contractual conditions. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions."

(directive came into force in the UK 1.Feb.2003)

Maybe BBC watchdog should look into this!

Maybe BBC watchdog should look into the whole thing about disconnecting from all networks cause it seem from general experience from forums / newsgroups. It seem it is hard to cancel esp when change of something with all the networks. (But than again it is understandable cause they dont want to lose a customer and lose giving out say a £300 handset for £30 say.) But I actually dont understand that 2002/22/EC? If I understood it correctly it is saying that if they change the T&C that is bad for us than we can cancel within 30 days, but have to tell us we can?

Can see pigs flying first before they do that :-D

Microstar_2

A company can write anything they want into the T&C's - this does not however mean that the T&C's are legally binding. If a term can be deemed to be unfair then you can resort to the UTCCR (1999):
Unfair Terms in Consumer Contracts Regulations (UTCCRs)


As a consumer, you are protected against unfair standard terms in contracts you make with traders by the Unfair Terms in Consumer Contracts Regulations (UTCCRs).
The UTCCRs can protect you from terms that reduce your statutory or common law rights and from terms that seek to impose unfair burdens on you over and above the ordinary rules of law.
An unfair term in a contract covered by the UTCCRs is not binding on you.


I have successfully used this a number of times by quoting it in SCC. Most companies will soon roll over when they realise you mean business.
As an example, I book a hotel stay that had a 'no cancellation/refund' clause. Due to circumstances entirely beyond my control (and not covered by any travel insurance) I had to cancel. The company refused a refund. I argued that since I was cancelling 2 months before the stay they still had the room to sell and so should refund me my payment less their reasonable costs. 24 hours before the SCC appt they called me and made a 95% refund.

The moral is to not unquestioningly accept what is in the T&C's - that's what they want you to do. If you think its unfair then challenge them.

kdmos352

aimake wrote: »

Well, I have sent them an email, but no reply yet. I guess they will take their time. Forget about calling them, they are not authorised to do anything.

Hi there,

any news from T-Mobile so far?

Many thanks,
Kev.

aimake

hi,
no, I am going to give them enough time to really make life hard for themselves. I have called, made sure they acknowledged my call and told them I am leaving.
I have emailed them (as I was told to do so by their disconnection department) and once the week is over, I will ask for my PAC code and bring them to court.

I have sent them 2 emails. Do you not think its strange that they are suddenly not replying? I think they are worried about sending anything in writing.
lol.

diamonds

microstar wrote: »

the moral is to not unquestioningly accept what is in the t&c's - that's what they want you to do. If you think its unfair then challenge them.

exactly!!!!!!! someone has sense :j:j:j

diamonds

kdmos352 wrote: »

Hi there,

any news from T-Mobile so far?

Many thanks,
Kev.

Legal notice of cancellation HAS to be sent to a companies REGISTERED OFFICE, no judge can dismiss such "self" protection under UK law, send it recorded/registered "proof of delivery " @ registered office = notice given, contract VOID, T-Mob or any company would be "STOOPID" not to act on your request, they open themselves up to court action........small claims upto £5000 are £35.....thats a sound investment

ie.....sue for early termination charges of say £500.21 & £4499.79 "compensation" for breach/es of contract & refusal to follow UK contract law.

The more that do these things the more companies realise WE consumers will not put up with it.

"Court rules require you to think about whether alternative dispute resolution is a better way to reach an agreement before going to court" - if you are to be at a financial detriment going through these lengthy processes YOU can state such to the court is not a appropriate avenue for yourself considering the breaches of law are not regulated by ADR's - a court is

tionito

What to do next? I sent them an email last Wednesday and they said to reply within 5 working days, which is already 7 days now. Called them yesterday, said it was still in progress. I sent them the following email:

To Whom It May Apply,

On 26 May 2009 20:34:25 I received the following text message from T-Mobile:

“From 29 June we’re making changes to our roaming charges & on 1 Aug we’re changing our terms & conditions to make things even clearer. t-mobile.co.uk/EUTerms”

Based on the Terms and Conditions Version 55 dated March 2008 I would like to cancel my agreement. Based on the following points:

2.11.2. If You are a Consumer and the change is of material detriment
to You, We will send You Written Notice one calendar month before the
terms and conditions are due to change. The new terms and conditions
will apply to You once the calendar month’s notice has run out unless
You terminate Your Agreement with Us within that notice period. If
You do this You won’t have to pay any cancellation charge that would
otherwise apply, see point 7.2.5.2.

7.2.5.2. You are a Consumer and the change that We gave You
Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment
to You and You give Us notice to immediately cancel this Agreement
before the change takes effect; or

This change is of material detriment for me, as I am not from the United Kingdom and this increase in charges directly affect me. According to the terms and conditions I can cancel my agreement per direct without paying any cancellation charge.