T Mobile change Ts & Cs - A way out of my contract?

Milky_Mocha

I've received notification by post from my mobile provider, T Mobile that they are changing their terms and conditions. I think I remember about a year ago reading somewhere that when that happens then I'm proabably entitled to cancel my contract early.

Does anyone know if this is the case? My only worry is that they might want their upgrade handset back? I got this upgrade in August last year and immediately sold it.

Is anyone familiar with this and whether I can cancel?

JasonW_2

Check for writing in small caps at the bottom of the page.. someone on another forum posted about this, and it says if they dont agree with the price increases, they can end the contract now with no penalty.

JW

Milky_Mocha

Thanks Jason W

Smartasss

Could you post how the Ts + Cs have now been changed?

The previous loophole (modesty prevents me naming the mastermind behind it) was a little different in that they changed their pricing structure, and under their Ts + Cs, any increase to pricing outside the RPI increase means that you can terminate the contract, which was the loophole we were able to take advantage of.

Milky_Mocha

Smartasss wrote:

Could you post how the Ts + Cs have now been changed?

The previous loophole (modesty prevents me naming the mastermind behind it) was a little different in that they changed their pricing structure, and under their Ts + Cs, any increase to pricing outside the RPI increase means that you can terminate the contract, which was the loophole we were able to take advantage of.

I've just had a brief read and they are increasing my peak rate calls from 25p per minute to a whopping 35p per minute! I have the freetime unlimited evening and weekend calls package

To me this is unacceptable as I can't help making some calls during the day.

I'll carry on reading and see what clauses there are as to cancelling.

Smartasss

Checkout clause 2 (c) (iii) (B)

To be able to cancel you must do so before the new charge comes into effect.

If you have grounds for cancelling, then you may do so immediately (without notice), and the handset is yours to keep.

Please let us know how you get on.

Milky_Mocha

Thanks Smartass. I've just spoken to them and given 30 days notice to cancel. Indeed it was no problem and they did not ask for the handset back. I'm delighted.

I now have 30 days in which to switch to a more competitive network / tariff. There is so much out there I don't know where to start. Initially I had wanted to cancel in order to take advantage of 3's 750 any network anytime plan for £4.99 by dial-a-phone. Now I'm more interested in getting a network / tariff tht will give me an XdaII and at least 500 anytime any network minutes for under £20 a month.

My search is on.

Smartasss

That sounds OK.

But....... (not wanting to unnecessarily start alarms ringing)......

We discovered last year when the similar opportunity arose that T-mob customer services used all manner of tactics when dealing with cancellations.

What concerns me about yours is that you have given 30 days notice (which is the norm for any customer wishing to terminate for reasons of their own) - but in your case the termination is due to them increasing a charge above RPI.

In these circumstances the termination should be immediate - see the Ts + Cs: 7 (a) . No notice is required.

By giving them notice you may find that you are being considered to have merely terminated the contract yourself, and may get a shock when they send you a bill for the remainder of your contract. (Your 30 day notice period will expire after the new charges come into operation, and this is another possible get out for them, as all terminations like yours must be before the increase happens)

Phone them back and ask why they haven't terminated you immediately.

Make sure you get the name, team number and extension number of the cancellation agent who deals with you.

Milky_Mocha

Ahh, tricky one eh? When I phoned I started off by asking the lady if there was an alternative TMobile tariff which was just as competitive or even more so but without such high peak rates. She said there isn't and that the package I'm on is rare and people tend to hold on to it for that reason.

I then explained that the price rise has taken me by surprise and I'd would cancel immediately if it were not for the fact that I now have to search for something better elsewhere before I can leave plus I have to allow time for number porting, hence the notice period.

I took down her name and team number. She confirmed that cancellation will be effective on 14 March (changes take effect 1 March)

I hope that will suffice as I do have to search for an alternative before I cancel. I hope they don't try to pull a fast one on me at the last minute.

Smartasss

Sounds fine - though if they are giving you a PAC, then the termination will come into force when your new network applies it - even if this is prior to 14/3 - and the PAC will expire if it isn't applied within 30 days of being issued.

Milky_Mocha

Good point. I hope in that case they don't bill me for the difference in time between when the PAC is applied (say 28 Feb) and when the termination will take effect (ie 14 March). I'll discuss that with them beforehand. In fact I'll get them to confirm in writing what they told me over the phone ie about waiving of cancellation fee and not being liable for the remainder of my contract etc. That would give me peace of mind.

Thanks for everything, Smartass.