Need help regarding Tmobile urgently

naseer1

redux wrote: »

If you ask for a PAC but don't use it, the contract continues.

I was surprised in your OP that it sounded like you actually paid an early termination fee, as I'd have guessed that would not be possible to calculate it precisely until after you left, and it would be on a final bill.

I did pay the early termination fee but then it was refunded to me because i decided to take up the offer. The PAC code is valid for 30 days and thern the contract continues. But as i said, the ETF was refunded to me so the PAC code they gave me is not valid anymore

gjchester

naseer1 wrote: »

I did pay the early termination fee but then it was refunded to me because i decided to take up the offer.

You will most likely be paying it again then.

A side issue is they can actually say you have no rights as this is an upgrade to an existing contract rather than a new one, DSR rules only apply to new contracts not changes to existing ones. However they are accepting it under the DSR and it's going back.

eranou

gjchester wrote: »

You will most likely be paying it again then.

A side issue is they can actually say you have no rights as this is an upgrade to an existing contract rather than a new one, DSR rules only apply to new contracts not changes to existing ones. However they are accepting it under the DSR and it's going back.

not strictly true as there is new equiment involved standard DSR applies

gjchester

eranou wrote: »

not strictly true as there is new equiment involved standard DSR applies

Firstly this applies to when you take an upgrade with your supplier. If you had gone to a new supplier then yes you are covered fully by the DSR. Also remember the aim of the DSR to let you try something you have not seen in person.

It's a huge grey area until proven in law, and to be honest most mobile co's are more leniant than they have to be, but you are not forming a new contract. You are extending your exisitng one.

Remember a phone contract (as we think of them) is really two contracts. The first is provision of Airtime services, the ability to make and recieve calls. The second is the provision of a handset as an inducement to take out the airtime side.

The Airtime side is just an extension of the contract, same account number, same billing detaisl, same phone number, not a new contract.

The Phone is new, and you can return it under the DSR for what you paid for it. (ie Nothing).

The Airtime however DOES NOT form a new contract so you have no automatic right to cancel under the DSR. Mobile co's could let you send the phone back, return the payment of nothign and still hold you the airtime contract, as it wasn't a new contract, but they generally don't as it would be a PR nightmare..

As I say until tested in Law it's unclear, but upgrades are not new contracts, and may well be outside the DSR regs

naseer1

Thanks for all your replies people. First day on this site and Im lovin it. I can now confirm that I will have to pay the ETF as my contract will be reset to the first one I had which means I am in a commitment till November. This is what they told me when i rang up just now but in the morning they said I wont have to pay it so I'm not 100% sure. But it's most likely I will have to pay it

naseer1

Just a follow up. Tmobile received the phone today and offered me a better 12 month contract. £15p/m 600 mins, unlimited text, and unlimited internet so I've taken the offer. Thought I might aswell instead of paying the ETF.. But this time I took the CSR's Name and extension number just in case.

So thanks to everyone for your advice and help. Much appreciated