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T-mobile change in T&C

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  • harj1185
    harj1185 Posts: 75 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    aimake wrote: »
    harj1185, boloney let me guess, no reply from t-mob?

    Still no reply, although I didn't get a confirmation email back either!
  • tionito
    tionito Posts: 10 Forumite
    I almost used a similar text as you bolomy. Just sent it out this morning. 2 hours later, my sim was blocked.

    Called t-mobile, customer service told me that my request was forwarded to the legal department. They will contact me. Until then my account will be freezed or however you call it but it can not be used.

    If I have any news I will post it.
  • Adamr
    Adamr Posts: 8 Forumite
    I sent a similar email to them on friday and got a phone call within minutes. I was put through to retentions and he said he hadn't been briefed on the terms and conditions. I sent the email to cust.rel and they sent an auto response saying they will deal with it within 5 days. Fingers crossed.

    The guy on the phone lied through his teeth about what the t&c's mean. I called his bluff. He tried to get me to pay £121 to cancel. The guy in retentions wanted £100
  • tionito
    tionito Posts: 10 Forumite
    I sent t-mobile the following:

    Thank you for your quick reply. I would like to disagree with the new T&C and hopefully you understand my reasoning.

    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.
    According 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 written the EU Directive 2002/22/EC gives me the right to withdraw from my contract without penalty if i do not accept the new terms & conditions. Also saying that you should inform me about my right to withdraw, without penalty, if I do not accept the new terms & conditions. This did not happen.
    I would like to inform you that I do not accept the new terms & conditions. Therefore, you can leave me on existing T&C, or you can let me terminate my contract without penalty.

    Thank you for your help.


    Got the following reply from t-mobile:

    Thank you for your further email.
    As advised in my previous email, the changes to our roaming charges do not affect the terms and conditions of your price plan as these are additional services.
    The changes made to your termination rights in our terms and conditions are due to guidelines laid down by OFCOM. We changed the notice period to 30 days instead of one calendar month to make it clearer for our customers.
    As previously explained to you Mr Vaessen, as you've cancelled your service while still within your minimum term, you are liable for the full early cancelled charge.
    Thank you once again for your email and for allowing me to bring this matter to final close.
    Kind regards


    I am misreading something here or did they close my account and are they going to charge me the full termination fee? What is the best thing to do now?
  • harj1185
    harj1185 Posts: 75 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Adamr wrote: »
    I sent a similar email to them on friday and got a phone call within minutes. I was put through to retentions and he said he hadn't been briefed on the terms and conditions. I sent the email to cust.rel and they sent an auto response saying they will deal with it within 5 days. Fingers crossed.

    The guy on the phone lied through his teeth about what the t&c's mean. I called his bluff. He tried to get me to pay £121 to cancel. The guy in retentions wanted £100

    What address did you send the email to? [EMAIL="cust.rel@t-mobile.co.uk"]cust.rel@t-mobile.co.uk[/EMAIL]?
  • Adamr
    Adamr Posts: 8 Forumite
    Yes I sent it to that. I wonder what will happen next?
  • boloney
    boloney Posts: 18 Forumite
    i got the following replay, they taking a !!!! at me....eh


    Thank you for replying to Helen Laws who emailed you on behalf of Russell Taylor. I'm afraid that Helen's out of the office at the moment so I'm replying on her behalf.

    I'm sorry you're unhappy with Helen?s response.



    I've reviewed this matter and I'm very sorry but I can only reiterate what Helen has already advised you. The terms and conditions only give you the ability to close your account without a cancellation charge if the price of calls increases within your price plan. Calls made whilst abroad are classed as an additional service and not included in your price plan.



    As previously advised, we?d be unable to cancel your account without you incurring an early termination penalty.



    Thank you again for getting back to us Mr Kukulka. I hope that my response has provided further clarification and that future dealings with us are smoother for you.



    Kind regards



    Carmen Lloyd-Bannan

    Complaint Investigations
  • boloney
    boloney Posts: 18 Forumite
    i send it all to CSDIR@t-mobile.co.uk
  • boloney
    boloney Posts: 18 Forumite
    I am misreading something here or did they close my account and are they going to charge me the full termination fee? What is the best thing to do now?[/QUOTE]

    I gonna send them couple more e-mails, later on i will send complain to OFCOM.is worth to try :)
  • prowla
    prowla Posts: 13,989 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tionito wrote: »
    I spent more than an hour on the phone with customer service today. First they were not aware of the change. I gave them the link and after spoken to 3 people I was transfered to the manager.

    Their answer was as it is not part of my price plan, roaming is an additional service, I can not apply for point 7.2.5.3 of their terms and conditons. I told him that I want to cancel based on point 2.11.2 and 7.2.5.2 but he kept saying roaming was not part of my priceplan as I agreed on a UK contract.

    Finally got an email address of customer head office and sent them an email. As this is a material detriment for me, I believe it is my right to cancel the contract.

    Anybody else spoke to them?
    So they are changing a service that you don't have, and you want to use it as the basis for terminating your contract?
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