Tmobile changes fair use policy to 500MB?

ispartacus75

BurningSnowman wrote: »

I might try phoning first actually, but I think a letter by recorded delivery is a safe bet.

Agreed completely

N20Y1D

Also just found this:

http://support.t-mobile.co.uk/discussions/index?page=forums&topic=80103803ac7b7fd01276dd2137000728a

RE: HTC Desire/Experia X10 tethering
Posted: 294 days ago in response to: JeroldD
Hi JeroldD

As with all handsets which include WnW Plus (always on internet including Android) tethering on the X10 is allowed and the data used counts towards your 3GB per month data allowance.

Tether to your hears content (but not over 3GB per month that is)


Barry
T-Mobile Forum Team

samba

pault123 wrote: »

"T-Mobile helpfully (and not at all militantly) states: "If you want to download, stream and watch video clips, save that stuff for your home broadband.""

Funnily enough I already have to do this as in the evening the mobile internet is unsuable round my way - I get 2Mb/s downloads at work during the day, but struggle to get 2kb/s after around 7pm.

I checked my usage a while back, and even when I was watching the world cup on my phone back in the summer I never went above a few hundred MB/month. Don't get me wrong tho, I use my phone ALOT.

Seems to me I may actually benefit from this change...

BurningSnowman

samba wrote: »

Seems to me I may actually benefit from this change...

Cool, they're not in breach of your contract then.

Personally I took out the plan partly on the basis of the 1GB, and recently got properly into music streaming, as was always the plan. They are in breach of my contract...

daleski75

I have amended a standard response to be sent to tmobile both by email and post later on today but wanted to see what you guys think first?

Dear Sir/Madam,

I have to my utter dismay just found out yesterday from the internet that the contract I signed up for in a local T-Mobile store (£35.00 x 24 months, 1gb Data, Unlimited Landline booster with Omnia 7) on the 17th of November 2010 has changed significantly enough so that what I signed up for is now going to cost me more financially as I WILL need to use the broadband plus booster which is now £10.64 ex vat.

Prior to signing up to a new 2 year agreement due to the excellent customer service and generous data allowances I was on a 30 day contract and have always used more than 500mb of data in normal use such as RSS feeds, News, Weather, Web Browsing and Emails.

To clarify the phone was sold as a 'package', i.e. Samsung Omnia 7 on a £35 tariff which includes mobile internet as an inclusive part of the package, not a 'bolt-on' or 'add-on'.

Having also checked my contract I cannot see anywhere where it states that the 1gb allowance is an addition (the unlimited landline calls are) and thus is part of my contract.

So therefore could you please show me the following in writing

1. Where in my contract it states that the internet is an additional service?
2. Where in my contract it states that my call/sms allowance is not an additional service.
3. Could you also tell me, if you need to give 30 days notice of any changes to my additional services in writing why I as of yet have not being notified?

As point 3 has not being done by yourselves yet I wish to invoke my consumer rights to cancel my agreement with yourselves thus with and I have also included your own terms and conditions for clarification.

* 2.11.2. If You are a Consumer and the change is of material detriment to You, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will apply to You once that notice has run out, unless You terminate Your Agreement with Us within that notice period. If you do this You won’t have to pay any Cancellation Charge that would otherwise apply, see point 7.2.3.2.

I would wish that my contract with your selves (T-Mobile) be cancelled with no further charges to my account and a PAC code received in a timely manner.

I look forward to a speedy response to resolve this matter.

Kind Regards



Dale Kilborn

lucylucky

3. Could you also tell me, if you need to give 30 days notice of any changes to my additional services in writing why I as of yet have not being been? notified?

A wee typo.

daleski75

Newer edited version.

Dear Sir/Madam,

I have to my utter dismay just found out yesterday from the internet that the contract I signed up for in a local T-Mobile store (£35.00 x 24 months, 1gb Data, Unlimited Landline booster with Omnia 7) on the 17th of November 2010 has changed significantly enough so that what I signed up for is now going to cost me more financially as I WILL need to use the broadband plus booster which is now £10.64 ex vat.

Extract from my previous bill showing the Internet is part of my contract.

“You get 900 minutes, 500 texts and internet on your phone on this 24 month plan. Your minutes and texts are from the UK to UK mobile networks and numbers beginning 01, 02 and 03 (excluding Jersey, Guernsey and Isle of Man).”

Prior to signing up to a new 2 year agreement due to the excellent customer service and generous data allowances I was on a 30 day contract and have always used more than 500mb of data in normal use such as RSS feeds, News, Weather, Web Browsing and Emails.

To clarify the phone was sold as a 'package', i.e. Samsung Omnia 7 on a £35 tariff which includes mobile internet as an inclusive part of the package, not a 'bolt-on' or 'add-on'.

Having also checked my contract I cannot see anywhere where it states that the 1gb allowance is an addition (the unlimited landline calls are) and thus is part of my contract.

I have been told that as the data package is an optional extra you are allowed to change the conditions, but the data is NOT optional with an Windows 7 phone and cannot be removed, and is still being sold as a integral part of the contract with a 1GB fair use policy. I believe an 50% decrease in data allowance falls under the category of 'Material Detriment' and as such wish to cancel my contract with immediate effect.

To clarify the above could you please show me the following in writing

1. Where in my contract it states that the internet is an additional service?
2. Where in my contract it states that my call/sms allowance is not an additional service.
3. Could you also tell me, if you need to give 30 days notice of any changes to my additional services in writing why I as of yet have not been notified?

As point 3 has not being done by yourselves yet I wish to invoke my consumer rights to cancel my agreement with yourselves thus with and I have also included your own terms and conditions for clarification.

Clause 2.11.2

"If You are a Consumer and the change is of material detriment to You, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will apply to You once that notice has run out, unless You terminate Your Agreement with Us within that notice period. If You do this You won’t have to pay any Cancellation Charge that would otherwise apply, see point 7.2.3.2"

Clause 7.2.3.2

"You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect;"

To justify that this change will be of material detriment to me, I would point out that I regularly use more than 500 MB of data on my current connection. In fact I have used 420mb thus far and my allowance resets itself on the 21st of each month.

Given I would be adversely affected by this change in the service you are providing me under contract, by being unable to use many of the features of the handset I purchased from you, this change is of measurable and material detriment to me. The Samsung Omnia 7 is a smartphone, which you sold me under the premise of being able to watch videos and photos online, using YouTube, Flickr, and other integrated features.

By telling your users to use these features at home, over fixed line broadband, you are offering me a service, which is not fit for the purpose agreed at the point of sale. By changing your conditions to that which make the service not fit for the advertised purpose, you are thus defrauding your customers, by engaging in false advertising.

I would also like to record my disgust with the way this situation has been handled, and the lack of knowledge & materials provided to your staff.

I made calls to your customer services on two separate occasions, received information from your official twitter account (@TmobileUKHelp) and spoke to a member of your sales team on the phone and in store, all of which gave conflicting and incomplete information. As of 11th Jan 2011 I have not received any communication from T-Mobile officially informing me of this change. This is totally unacceptable and unprofessional, and I will not be dealing with T-Mobile in the future.

I would wish that my contract with your selves (T-Mobile) be cancelled with no further charges to my account and a PAC code received in a timely manner.

I look forward to a speedy response to resolve this matter.

Kind Regards





XXXX

Wagster

Is this not a case of "misrepresentation"?

"A misrepresentation is a false statement of fact or law which induces the representee to enter a contract. Where a statement made during the course of negotiations is classed as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue. There are three types of misrepresentation: innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation."


We were all told 3GB internet access (or 1GB) and this has turned out to be untrue. Even innocent misrepresentation results in the contract being voidable...

N20Y1D

Bait-and-switch

In retail sales, a bait-and-switch is a form of fraud in which the party putting forth the fraud lures in customers by advertising a product or service at a low price or with many features, then reveals to potential customers that the advertised good is not available at the original price or the list of assumed features is different. The use of this term has extended to similar situations outside of the marketing sense.

poonab

t-mobile don't seem to know their a**e from their elbow.

spent this morning try to get out of them whats going on and finally got this:

[FONT=Verdana, Arial, Helvetica, sans-serif]Neil, I have double checked my resources and I found out that Web'nWalk users are the only ones affected by the change. Since you have a Web'nWalk Plus on your account and you are paying for it, rest assured that you will not be affected by the change of fair use. You'll be glad to know that your fair use would still remain as it is. [/FONT]