T-mobile change in T&C

aimake

harj1185 wrote: »

first said that it will be of material detriment to me and therefore the contract is void and I wish to cancel.

to the second email i picked up the point from a prior post about how additional services are still services! Still no reply as of yet!

Just had a look through that other thread and someone successfully got money through the small claims court, only costs around £25 so may just try it!!!

dont have to pay the fee if ya on low income (student)!

boloney

i send them an email yesterday after 7 pm, and i got answer.
i send to them:
Dear Sir

On 26 May 2009 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,also changes in point 7.2.2 restrict my way to cancel from "you can call" to "you have to call",
it change notice period from one calendar month to 30 days.

Based on DIRECTIVE 2002/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 March 2002 on universal service and users' rights relating to 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.


According to the terms and conditions
I can cancel my agreement per direct without paying any cancellation charge.


thats answer:

Thank you for letting our Customer Service Director, Russell Taylor know that you'd like to cancel your contract. I've been asked to respond to you on his behalf. I'm sorry to hear that you feel we've breached our terms and conditions by making changes to our roaming charges.



As calls made whilst abroad have never been included in your price plan Mr Kukulka, they're classed as 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.



We define ?additional services? as optional or extra services, the charges and terms and conditions are set out in our ?What It Costs (Non Standard Charges)? booklet and our customer literature.



Section 7.1.2 of our terms and conditions say that we can suspend, change, increase the price of, or withdraw part or all of the additional services on giving active users of the additional service 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 don't apply to point 7.1.2 about additional services.



Therefore, I'm unable to cancel your contract without charging you an early cancellation fee. This is the line rental for the remainder of your contract, minus 4% and is currently £332.38 VAT exempt. Due to this charge, I haven't set your cancellation request.



Thank you once again Mr Kukulka for taking the time to tell us that you feel we've breached our terms and conditions. I hope my response today has put your mind at rest.



Kind regards


any one will be able to help me writing another email to them?
because i`m not english so my english gramma is crap.
can any one help?i know what i want to send but i don`t know how to write it correctly
please contact me by pm
thx

aimake

boloney wrote: »

i send them an email yesterday after 7 pm, and i got answer.
i send to them:
Dear Sir

On 26 May 2009 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,also changes in point 7.2.2 restrict my way to cancel from "you can call" to "you have to call",
it change notice period from one calendar month to 30 days.

Based on DIRECTIVE 2002/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 March 2002 on universal service and users' rights relating to 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.


According to the terms and conditions
I can cancel my agreement per direct without paying any cancellation charge.


thats answer:

Thank you for letting our Customer Service Director, Russell Taylor know that you'd like to cancel your contract. I've been asked to respond to you on his behalf. I'm sorry to hear that you feel we've breached our terms and conditions by making changes to our roaming charges.



As calls made whilst abroad have never been included in your price plan Mr Kukulka, they're classed as 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.



We define ?additional services? as optional or extra services, the charges and terms and conditions are set out in our ?What It Costs (Non Standard Charges)? booklet and our customer literature.



Section 7.1.2 of our terms and conditions say that we can suspend, change, increase the price of, or withdraw part or all of the additional services on giving active users of the additional service 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 don't apply to point 7.1.2 about additional services.



Therefore, I'm unable to cancel your contract without charging you an early cancellation fee. This is the line rental for the remainder of your contract, minus 4% and is currently £332.38 VAT exempt. Due to this charge, I haven't set your cancellation request.



Thank you once again Mr Kukulka for taking the time to tell us that you feel we've breached our terms and conditions. I hope my response today has put your mind at rest.



Kind regards


any one will be able to help me writing another email to them?
because i`m not english so my english gramma is crap.
can any one help?i know what i want to send but i don`t know how to write it correctly
please contact me by pm
thx

well, maybe you cant cancel because their roaming charges are not part of their t&c, thats not up to me and maybe they did not breach their t&c. However they did change their general t&c, guess why they did not respond to your Eu-directive 2002/22EC quote!

boloney

i just send them that:

Thanks for your respond. In my previous mail i write to you about changes in roaming charges and general changes in T&C,
how changes in point 7.2.2 ----> (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.`)

These changes restrict my way to terminate contract from `you can call` to `you have call`, and also changes notice period from one calendar month to 30 day.

You did not respond to DIRECTIVE 2002/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 March 2002 on universal service and users' rights relating to 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.`

As you can see EU Directive 2002/22/EC give me right to withdraw from contract without penalty if i do not accept new conditions,
also saying that you should inform me about my right to withdraw, without penalty, if I do not accept new conditions,
but you did not inform me about my rights.

I would like to inform you that I do not accept new conditions in our contract.
Therefore, you can leave me on existing T&C, or you can let me terminate contract without penalty.
Thank you once again, I hope I receive respond of you very quickly.


hope they will understood what i want to say
good night

harj1185

Got this reply:

Please write to the address the I gave you on the previous email or email [EMAIL="cust.rel@t-mobile.co.uk"]cust.rel@t-mobile.co.uk[/EMAIL]. They are the only ones that can help with your issue.

Kind Regards
Malcolm Leighton
LoyaltyTeam
T-Mobile

So have now emailed them!

aimake

harj1185, boloney let me guess, no reply from t-mob?

boloney

I`m still waiting

aimake

the 22/EC is definitely the way to go. However, make sure that before your 1 months notice period is up, you get your PAC (even if you have to pay for it) and transfer out. Should you continue to use the phone on t-mob it could be deemed that you have consented.

iceburn

How about not having it turn on Aimake? That is what we are going to do, ie give our notice and not use it.

aimake

well, it seems to me that anyone who wants to leave t-mob and argues their case using the new t&c is not getting a (full and what I consider timely) response from t-mob. It could be that t-mob are slow in/delaying their response as current Ofcom regulations give them up to 12 weeks to respond. Now this could get messy - the question is what happens if you continue to use a contract that you apparently dispute!

Well, I have been advised by my friend who is a layer to discontinue using the t-mob contract. So, I will pay the early termination charge and bring them to court.