Mobile phone contract problem

conceptus

Hi,

I recently upgraded my phone and got a new contract with Tmobile. I quoted a deal I'd seen online for new customers (much better than upgrade deals) and they said they were happy for me to have that deal. I quoted all details back at them and confirmed that it was an 18 month contract (all agreed by the "loyalty team" member)

However, after receiving the phone (without the agreed extra SD card and free insurance), I logged onto their site to find they'd put me on a worse contract (fewer minutes and texts for the same price), and, worse still, it was on a 24 month contract rather than for 18 months.

I e-mailed customer services and they replied saying (in essence) "we're sorry you were upset but you were put on the X contract for 24 months and it's non-negotiable. Please reply or call us if you have a problem with this, or alternatively return the phone within 7 days." I know for a fact I wasn't put on the contract because I checked and double checked all terms with them on the phone initially. I replied stating that they were in breach of the verbal contract (and that, since they said calls were being recorded etc, they should have proof of this), and they must honour the originally agreed contract. However this was a week and a half ago and I haven't heard back (even if I wanted to return the phone - which I don't because I was satisfied with the original verbal contract - I can't now because it's outwith the 7 day return limit).

What's the next step? I want to keep things in writing because clearly Tmobile cannot be trusted with phone conversations. What are my rights here, because as far as I can see it, Tmobile are illegally in breach of the verbal contract they made with me.

Thanks!

reehsetin

the 7 days is 7 WORKING days, are you definately out of time?
It will be very difficult to get them to honour the deal contact them again and tell them to listen to the recording of your call and tell them you want to either cancel or get the deal offered, if they refuse write a letter of complaint to their head office with the facts again tell them to listen to the call and give them a set period of time e.g. 7 days to provide a resolution

btw whenever you speak to anyone on the phone get the name and extention number of the person you are speaking to always helps!

conceptus

It probably was 7 working days, but I didn't check online for a few days afterwards and then by the time they had replied to my initial query (thinking they had made an innocent mistake and would rectify it - I heard of other people who were put on the wrong contract after getting the same deal as me and then being changed to the correct one after contacting customer services) it was probably too late. I didn't want to cancel the contract and send the phone back (old phone not working properly and the phone was the one I wanted), I just wanted them to put me on the verbally agreed (legally binding) contract!

I did ask them to listen to the recorded conversation but they have failed to reply to my e-mail (and as I said I no longer trust them with phone conversations). I will certainly be complaining as strongly as possible but I'm not sure where to go next (don't think the Ombudsman deals with mobile phone contracts)

globalds

I have just come off the phone with Tmobile ...With Just the same problem.

I know the offer I took out was for an 18 month contract as i asked them to match or better an offer made to me by Orange.
The offer was better so I ordered 2 phones rather than just the one.
My last sentence was " And you can confirm all of this is offered on an 18 month contract" The answer was a simple yes .
I am now being told that after Tmoblie have contacted the original sales person ( I asked for the name) that she is saying I was told 2 prices ...and I accepted the 24 month price.

I originally asked for an email of the offer and was told this was not possible.

The contract I received had me on the wrong minutes and when I phoned only one phone seemed to have any minutes the other had none ..

I have been told I can either take this 24 month contract or return the phone.

It is a really good offer for the phone but do I want the salesperson to get her commission and pay into a company where management are happy to back up her lies ...

Looks like my phones go back.

I would be interested to know if any one has any advice on where I stand as far as being billed for services used or delivery and return ? Also If I was for example to have personalised the phone ..Maybe wrote my name and address on the inside of the case ?

4743hudsonj

globalds wrote: »

I have just come off the phone with Tmobile ...With Just the same problem.

I know the offer I took out was for an 18 month contract as i asked them to match or better an offer made to me by Orange.
The offer was better so I ordered 2 phones rather than just the one.
My last sentence was " And you can confirm all of this is offered on an 18 month contract" The answer was a simple yes .
I am now being told that after Tmoblie have contacted the original sales person ( I asked for the name) that she is saying I was told 2 prices ...and I accepted the 24 month price.

I originally asked for an email of the offer and was told this was not possible.

The contract I received had me on the wrong minutes and when I phoned only one phone seemed to have any minutes the other had none ..

I have been told I can either take this 24 month contract or return the phone.

It is a really good offer for the phone but do I want the salesperson to get her commission and pay into a company where management are happy to back up her lies ...

Looks like my phones go back.

I would be interested to know if any one has any advice on where I stand as far as being billed for services used or delivery and return ? Also If I was for example to have personalised the phone ..Maybe wrote my name and address on the inside of the case ?

i think at the end of the day you have to think....


if this went to court, what way would it go


could they prove they are right? if not then you would win


now you must be thinking great im gonna win but ive seen it before, people get confused by these sales pitches, they purposefully blur facts not to make it illegal just confusing for the buyer. are you absolutely 100% sure there is no possible chance that something was misinterpreted, if so their lawyers would rip you to shreds over it and you would lose out on alot more money.

globalds

4743hudsonj wrote: »

i think at the end of the day you have to think....


if this went to court, what way would it go


could they prove they are right? if not then you would win


now you must be thinking great im gonna win but ive seen it before, people get confused by these sales pitches, they purposefully blur facts not to make it illegal just confusing for the buyer. are you absolutely 100% sure there is no possible chance that something was misinterpreted, if so their lawyers would rip you to shreds over it and you would lose out on alot more money.

I don't think I would go to court.

My options are :
I keep the phones and pay for 24 months ...........or
I send the the phones back and start arguing for charges on the usage of these phones to be dropped or reduced.

It may help cloud the issue if I say the package I took

Free phone (HTC Hero G2) retails at £360
this one http://www.amazon.co.uk/HTC-Hero-Free-Android-Smartphone/dp/B002BWPWRQ/ref=sr_1_1?ie=UTF8&s=electronics&qid=1258580208&sr=8-1
300 minutes
free land lines calls (on one phone) Unlimited texts (on the other)
Unlimited internet

Total £20 a month ( at the moment £19.50'ish due to VAT reduction)

So Quite a good offer ...Maybe (well probably) even for a 24 month deal

So any advice ..Would be much appreciated

4743hudsonj

globalds wrote: »

I don't think I would go to court.

My options are :
I keep the phones and pay for 24 months ...........or
I send the the phones back and start arguing for charges on the usage of these phones to be dropped or reduced.

It may help cloud the issue if I say the package I took

Free phone (HTC Hero G2) retails at £360
this one http://www.amazon.co.uk/HTC-Hero-Free-Android-Smartphone/dp/B002BWPWRQ/ref=sr_1_1?ie=UTF8&s=electronics&qid=1258580208&sr=8-1
300 minutes
free land lines calls (on one phone) Unlimited texts (on the other)
Unlimited internet

Total £20 a month ( at the moment £19.50'ish due to VAT reduction)

So Quite a good offer ...Maybe (well probably) even for a 24 month deal

So any advice ..Would be much appreciated

im just saying thats how you have to think because thats what you have to do to get anything back out of them

otherwise they ask you to prove it which you cant, in court they must prove it.

conceptus

I suspect many people have been conned by Tmobile in this way, and I suspect Tmobile may not like it each of us writes complaint letters saying we know of other people similarly affected by their deceit. Also, the last thing they would like at this time (when their reputation has already suffered due to very recent bad publicity) is for anyone to go to the press (I'm sure some of the newspapers would like to tighten the screw a little more)...or how about Watchdog? I will certainly be writing a letter of complaint and mentioning these avenues which I am very happy to explore further. Let's see what happens.

globalds

I'm just stuck that I feel I have been lied to , but the offer is still very good .

.....Who am I kidding ..I will more than likely hate this phone in 2 years.

I will stand up for the little man ..and tell them they can have it a back

..I feel better already

Emsky*

Hi globalds
I've had a similar problem with Tmobile, I was a existing customer needing a new upgrade(this was April 2009) Saw the Tmobile G1 £35 for 800 mins & unlimited texts. Ordered the phone, was told I'd recieve unlimited texts & the 800 mins & a 10% existing customer discount on my bill, this was also a verbal contract.

Couple of months pass & I recieve a phone bill for £94 all of it for texts, so I ring Tmobile & they inform me that I only get 500 texts a month, so at first I thought thats strange I thought I had unlimited texts, they then have the cheek to offer me a bundle for extra a month!"
So I left it, then was speaking too a friend who also has the same phone with Tmobile, pays the same amount, but gets more texts!" Everyone then tells me they've missold me the contract! It took me 5 phone calls too get through to a manager, who then tells me theres nothing on my notes about unlimited texts & because I got the 10% existing customer discount I'm not entitled to the unlimited texts! I was not told this when I bought the phone, so I will not be renewing my contract after this one has ended!"

Hope you get more out of them than I did.

conceptus

Well, I'm waiting to hear back from complaints, but I suggest that people don't let this lie as clearly the web of deceit at Tmobile is much greater than I imagined. Bad publicity is the last thing they'd want right now.