Taking T Mobile to small claims HELP!

nicksain

Hi Guys,

After much aggro and pain over the last few months I have decided to take T-Mobile to court. Any help on this would be greatly appreciated. I will try not to waffle...

Upgraded phone contract in Feb, paying over £65 a month. Since then I have constant issues with the handset they gave me (Nokia E72)

The handset was replaced a total of 3 times in the 9 month period just gone.

T-Mobile had claimed they would give me a different handset if the problems persisted - which they failed to live to.

After I received the 3rd handset I took out my own mobile phone insurance, as I just didn’t trust the word of T-Mobile any longer.

A few weeks later the handset crashed - no longer working. Took to T-Mobile store - they weren’t interested.

Thankfully I had my insurance - who I rang to inform them of my problems. They asked a proof of purchase receipt from T-Mobile with the correct IMEI of the handset.

Rang T-Mobile - they said I would have it in 5 days in written format.

Waited 2 weeks. Letter finally received - but they had the wrong IMEI numbers on there. Mistake by T-Mobile.

Second letter came 3 weeks after - and a whopping 5 weeks in total I had to wait - with NO phone to use.

Correct letter finally came. Faxed to insurers who then asked T-Mobile to provide the date the phone was last used.
Insurers placed me in a 3 way conversation, with themselves, myself and T-Mobile, so we could confirm the date of the phone last used. Whilst this was happening I was on the phone for over 30 mins while the T Mobile agent looked through the records.

In the end he could not find the relevant information which was required - simply outrageous. My insurers then rang back T Mobile later on to try again, but again were unsuccessful in obtaining the right information from you.

Due to T Mobile not providing the correct information, the insurers did NOT pay out for a replacement handset.

I was then forced into spending £250 on a new phone, capable of matching the E72 facilities.

The service has been absolutely outrageous and I am severely out of pocket, for something which is now the fault of T Mobile.

Advice on what I should be claiming for and any laws or rights I can use to back me up would be ideal.

Anyone else done this?

People may say its not worth doing it but the headache I have been though - I am not prepared to put up with it for another 14 months.

Nick

thatsean

I think you're taking the wrong approach, you should be rejecting the e72 as not fit for purpose (assuming that it doesn't make a call). You would have got a receipt with the imei on it when you bought the phone - I think your case is tenuous at best.

JJ_Egan

Agree the phone should have been rejected as not fit for purpose . Trading Standards route if needed .
Receipt comes with phone and IMEI number is on the phone and available via a key input usually .

Small claims court you need out what the claim is before proceeding.
Messing you about and being incompetent is not the route.
Loss of goods or income is .

They made three attempts to fix the problem that probably satifies consumer law regarding the product .
You have a contract with them which you can argue they have not kept .

Mobile Insurance and your problem supply details is a total dead end as its not the providers problem but yours .
Likewise you buying a phone no way to claim for that .

Its Trading Standards who i would be talking to in the first instance . Phone not fit for purpose .

They would advise the correct route .
Small Claims Court cheap enough to try if you want to .


jje

nicksain

Guys,

You are forgetting that since I got the first handset it has been replaced 3 times.

When the handsets were replaced they just sent another phone in an empty box.

No IMEI number. No Receipt.

Yes i have the original receipt but that is useless as it has the wrong IMEI etc.

Yes T Mobile have made an effort to replace the phone, but that is down to the issues with the handset.

I assumed that when I took a contract I would be given the appropriate hardware in order to use the full service. Breakdown of hardware would of course result in breakdown of service....

JJ_Egan

Point is what are you going to sue them for .

Breach of contract ??? That may require a solicitor .

You may be able to claim breach of contract as they have failed to provide a working phone .
Claim on insurance no they have broken no law in failing to give you a receipt and their may have only been one actual receipt at the start.
As its a contract phone i presume the original date of sale is the deciding factor and it may be tricky regarding the insurance position .
If the insurance company knew the story they may well have declined the business .

Current phone has its IMEI number inside or available via a key press
.1. Go to the main screen or stand by screen.
2. Type this: *#06#


Trading Standards will give you the best advice .

jje

CLIVELESTER

Appears to me that any Tmobile Operative should have told you how to retrieve the IMEI number from your phone at the outset. May well be worth asking why this was not done though I am sure you will get some bull**** excuse. :mad:

JJ_Egan

Google would have told the OP even quicker .

Really it all boils down to what Tm might be liable for .
Contract and phone possible .
Insurance claim failure definitely not as they have no liability to provide a second issue of a receipt nor could lack of one or failure to provide a IMEI number be an issue you can claim against .

jje

nicksain

Thanks for replies, keep them coming

In regards to the IMEI part - The insurance co wanted proof from Tmob that the IMEI was the correct one.

I could easily have given it to them (by typing the code into my phone) but they specifically wanted Tmobile to show this.

Am phoning T.D now - will keep you informed...

Thanks