T-mobile change in T&C

harj1185

Whoa, haven't managed to actually check this thread since I first posted due to exams but just wondering how people are getting on?

I shall be trying to cancel later this week after my last exam!

slick4u_uk

Just got my email back from them - can i take this further??

Thank you for writing to us about the increase in roaming charges. I'm sorry to hear that you wish to leave T-Mobile because of this as we do value your custom.

We've increased the cost of using your phone abroad due to the current economic climate and the relative weakness of the pound (GBP) against the euro (EUR). We've changed the rate to reflect the increased costs we've faced over the past year and continue to face now. But we're still complying with EU regulations.

I'd like to assure you that roaming charges have never been included in your price plan, they are an additional service. Our terms and conditions only give you the ability to close your account without paying a cancellation charge if we increase the price of charges for calls within your price plan.

If you would like to see where this is stated in your contract, make sure that you are first looking at version 55. Then, point 7.1.2 states that we can increase the price of an additional service on a reasonable period of written notice. The change will then apply to you once that notice has run out.

If you look at the later points that talk about changes to charges being of material detriment or an increase above RPI, those points specifically refer to point 7.1.4 which is about increases in price plan charges only. Those points to do not apply to point 7.1.2 about additional services.

Because of this, I'm unable to cancel your account without the early cancellation charge.

Thank you once again for taking the time to get in touch. I'm sorry I've not been able to cancel your account without charge. However, I hope I've been able to explain this clearly for you.

tionito

Aimake, could you post the email that you sent to T-Mobile? It would be helpfull to see. Thank you.

JimArnold

This is the second change this year - T mobile claimed the same last time ie the T&Cs only apply to your price plan not anything they deem as additional services

But they declined to defend it in court - see the previous threads - and paid up
I'm not surprised, I would expect any court to hold that the T&Cs apply to the contract - and I'd bet my house that when TMobile come to chase you for the payment for these additional services they will quote their T^Cs.
Even if their T&Cs don't apply they cannot unilaterally change the contract

I f you really want out then take them to the small claims court

emeraldbugle

slick4u_uk wrote: »

I'd like to assure you that roaming charges have never been included in your price plan, they are an additional service. Our terms and conditions only give you the ability to close your account without paying a cancellation charge if we increase the price of charges for calls within your price plan.

What a croc!

The agreement defines

‘Agreement’

these terms and conditions between You and Us for the use of the SIM Card to access the Services, together with the “What It Costs” booklets of Charges referred to throughout;

‘Services’

services provided to You by Us including the Price Plan Services and Additional Services;

Surely the agreement is for the services which includes 'additional services'.

slick4u_uk

JimArnold wrote: »

But they declined to defend it in court - see the previous threads - and paid up

Hi Jim,

Do you know what was exactly written to them for the claim to be successful in court. I am more then willing to issue them Small Claims Court Proceedings.

Thanks for everyones input

tionito

After not hearing from t-mobile for 9 working days, I sent an email to the customer service direct uk, got the following reply:

Firstly let me apologise for the delay in the reply. This is due to a high volume of emails received by our customer service team. However, we’re currently in the process of implementing system improvements over the next few weeks to improve our response times.

I’m sorry to hear that you’re unhappy with the recent changes to our international roaming charges and that you wish to cancel your account because of this. I’m afraid that this change doesn’t affect your contract as international roaming and international calls are non standard charges and are not part of your price plan. Therefore, these changes aren’t covered by 2.11.2, 7.2.5.2 or 7.1.4 if our terms and conditions.

If you’d like to cancel your account, we require one calendar months notice and you will be liable for an early cancellation charge. This is calculated by taking your monthly charge for the remainder of your contract minus 4%. This figure is currently £299.74 VAT exempt.

Thank you once again for taking the time to write to Russell. I do hope I’ve been able to explain things clearly for you.

aimake

lol, "high volume of emails received by our customer service team." :beer:

harj1185

slick4u_uk wrote: »

Hi Jim,

Do you know what was exactly written to them for the claim to be successful in court. I am more then willing to issue them Small Claims Court Proceedings.

Thanks for everyones input

Yes if you could divulge what was written for the small claims court that would be great. Any updates from anyone else?

aimake

well, I dont expect them to get back before the notice period is over.
See what mess 3 got themselves into because everyone heard that they could leave.
So, make sure you phone and email them before the 25th and tell them you are leaving because of changes to T&C version 55.