Help me mount my case against T-Mobile (plz)

thedalmeny

Well guys... If anyone had been monitoring the T-Mobile T&C thread.. I’m now passed the allocation questionnaire stage of small claims court case against T-Mobile.. So i need to start drawing up my case in advance. Obviously i’m going to seek some legal advise, but ... Since you guys are pretty savvy in this area, i thought i’d pick your brains.
So heres what i need.. (2 things)

(1)

The below directive:

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.

T-Mobile still won’t acknowledge this – and have put it on me in their defence to prove this applies..

So i need any additional literature on this directive – or examples of how the directive applies.. What it includes, excludes etc.. Anything and everything you know about..

(2)

T-mobile admit in their own defence that they violated a T&C in the agreement by giving me no written / inadequate notice of the change in EU roaming charges.. They don’t dispute it (Can’t – i’ve got a letter from customer complaints with them admitting it. So they had to really accept that when submitting their defence).

However they did offer me when complaining – an additional 1 months notice. Which they point out in their defence.

Now they’ve obviously violated their agreement – admit it.. But feel because they offered this solution.. It doesn’t matter.. I’m pretty sure somewhere in law that once you break a contract, that’s it.. Anyone got any details on that? Or whether they have something in their T&C i’m missing.

My feelings are, if i can prove the EU Directive is valid with additional documentation and show some simple piece of law that says if you break a term of your agreement.. The agreement is then invalid.. I’ll win without a problem.

Also if anyone has any other information that may be of help to me.. Chime in .

Serenity_Now

You could try reading through this

http://www.bitterwallet.com/want-to-cancel-your-t-mobile-contract-heres-how-to-do-it/18286

That site has set out exactly which parts of the contract t-mobile have breached by increasing roaming charges. They have done template letters to cancel a t-mobile contract.

I know you're further along than that but they cite particular acts that may be useful for you.