Tmobile changes fair use policy to 500MB?

musical_norwich

You'll find a template cancellation letter here: http://cantankerous.co.uk/?p=499

I'll paste it into the next post too.

musical_norwich

Legal Department
T-Mobile
Hatfield Business Park
Hatfield
Hertfordshire
AL10 9BW

[Insert today's date]

Ref: Tel [Insert telephone number], Account number [Insert account number]

Dear Sir/Madam,

Yesterday, I learned that T-Mobile has decided unilaterally to reduce the monthly data allowance under my contract with you to 500MB. I have received no notice of this change, despite my consumer contract with you clearly stating that you need to give notice of thirty days in writing. Thirty days notice in writing is also a condition Condition 9.3 of Ofcom’s General Conditions by which T-Mobile is bound. If these changes are to be implemented on 1st February, notice in the future is clearly insufficient. I hereby give notice to reject the proposed changes and to exercise my right to leave TMobile without penalty.

I contacted your call centre, and was informed that I had no right to cancel, despite that the detriment to me is clear and that I stated I wished to exercise my rights under contract law, the specific terms of my contract with you, the Unfair Terms in Consumer Contract Regulation, and specifically clause 9.3 of Ofcom’s General Conditions which give T-Mobile the right to operate in the UK and gives consumers the right to be informed of changes likely to be detrimental at least thirty days prior to implementation and to leave the telecommunications provider without penalty if they so choose.

Your staff said they were unwilling to waive the early termination fee, making the payment of a penalty fee a condition of receiving my PAC code, despite the fact that demanding such payment is clearly illegal under the legislation above and contrary to the terms of my contract with you. Please ensure that I am not required to pay this fee. Claims as to the differentiating between 'Services' and 'Additional Services' are clearly bogus, given that the contract you wrote defines 'Additional Services' as 'Services' and, further, consumer and contract law and Condition 9.3 makes no such differentiation. I note call centre staff consistently claimed I had no right to cancel, which is untrue and misleading. There appears to be no cancellation process for detriment and call centre staff outlined no appeal process.

I am, of course, happy to pay for what I have used. Please confirm that I will not be charged the early termination fee, and send me a final bill for usage until the point at which I use my PAC. If I do not have a satisfactory response from you prior the date at which my direct debit with you is due, I will cancel the authority for the direct debit, to ensure I do not pay any fees which are not due under the terms of the contract. In this case, you will need to send me a final bill which I will pay by cheque or card.

In addition, I intend to make a formal complaint to Ofcom about T-Mobile’s behaviour and flagrant breaching of its licence and consumer protection legislation.

Please can you tell me for my complaint to Ofcom:

1. Why I was not informed of these changes to the terms and conditions of my contract with T-Mobile which are clearly to my detriment?

2. Why was I not informed of my right to cancel, as the Ofcom regulations stipulate?

3. Why call centre staff claimed I did not have the right to cancel, which appears to be T-Mobile policy and training?

I look forward to hearing from you. In relation to the first part of this letter regarding financial matters, I am happy to communicate in writing, text or telephone. As regards the three questions regarding my complaint to Ofcom, I require a written response by either letter or email. Please note that failure or refusal to respond to these questions will be pursued by me through Ofcom and my MP.

I also require £30 compensation for the costs I have incurred thus far due to your failure to observe the terms of our contract and consumer protection legislation (including writing this letter, calling your call centre staff, stationery costs and time spent visiting the Post Office to obtain the ‘required’ proof of postage). This charge represents only a conservative estimate of my costs incurred.
I think your behaviour in this matter has been nothing short of disgraceful.

In the absence of a satisfactory resolution before 30th January 2011 I will initiate action in the County Court.

Yours faithfully,

nsabournemouth

musical_norwich wrote: »

Legal Department
T-Mobile
Hatfield Business Park
Hatfield
Hertfordshire
AL10 9BW

[Insert today's date]

Ref: Tel [Insert telephone number], Account number [Insert account number]

Dear Sir/Madam,

Yesterday, I learned that T-Mobile has decided unilaterally to reduce the monthly data allowance under my contract with you to 500MB. I have received no notice of this change, despite my consumer contract with you clearly stating that you need to give notice of thirty days in writing. Thirty days notice in writing is also a condition Condition 9.3 of Ofcom’s General Conditions by which T-Mobile is bound. If these changes are to be implemented on 1st February, notice in the future is clearly insufficient. I hereby give notice to reject the proposed changes and to exercise my right to leave TMobile without penalty.

I contacted your call centre, and was informed that I had no right to cancel, despite that the detriment to me is clear and that I stated I wished to exercise my rights under contract law, the specific terms of my contract with you, the Unfair Terms in Consumer Contract Regulation, and specifically clause 9.3 of Ofcom’s General Conditions which give T-Mobile the right to operate in the UK and gives consumers the right to be informed of changes likely to be detrimental at least thirty days prior to implementation and to leave the telecommunications provider without penalty if they so choose.

Your staff said they were unwilling to waive the early termination fee, making the payment of a penalty fee a condition of receiving my PAC code, despite the fact that demanding such payment is clearly illegal under the legislation above and contrary to the terms of my contract with you. Please ensure that I am not required to pay this fee. Claims as to the differentiating between 'Services' and 'Additional Services' are clearly bogus, given that the contract you wrote defines 'Additional Services' as 'Services' and, further, consumer and contract law and Condition 9.3 makes no such differentiation. I note call centre staff consistently claimed I had no right to cancel, which is untrue and misleading. There appears to be no cancellation process for detriment and call centre staff outlined no appeal process.

I am, of course, happy to pay for what I have used. Please confirm that I will not be charged the early termination fee, and send me a final bill for usage until the point at which I use my PAC. If I do not have a satisfactory response from you prior the date at which my direct debit with you is due, I will cancel the authority for the direct debit, to ensure I do not pay any fees which are not due under the terms of the contract. In this case, you will need to send me a final bill which I will pay by cheque or card.

In addition, I intend to make a formal complaint to Ofcom about T-Mobile’s behaviour and flagrant breaching of its licence and consumer protection legislation.

Please can you tell me for my complaint to Ofcom:

1. Why I was not informed of these changes to the terms and conditions of my contract with T-Mobile which are clearly to my detriment?

2. Why was I not informed of my right to cancel, as the Ofcom regulations stipulate?

3. Why call centre staff claimed I did not have the right to cancel, which appears to be T-Mobile policy and training?

I look forward to hearing from you. In relation to the first part of this letter regarding financial matters, I am happy to communicate in writing, text or telephone. As regards the three questions regarding my complaint to Ofcom, I require a written response by either letter or email. Please note that failure or refusal to respond to these questions will be pursued by me through Ofcom and my MP.

I also require £30 compensation for the costs I have incurred thus far due to your failure to observe the terms of our contract and consumer protection legislation (including writing this letter, calling your call centre staff, stationery costs and time spent visiting the Post Office to obtain the ‘required’ proof of postage). This charge represents only a conservative estimate of my costs incurred.
I think your behaviour in this matter has been nothing short of disgraceful.

In the absence of a satisfactory resolution before 30th January 2011 I will initiate action in the County Court.

Yours faithfully,

Send it by email?

andyroid20

Can we get a template for those who got the text on Monday?

Lifes_Grand_Plan

musical_norwich wrote: »

In the absence of a satisfactory resolution before 30th January 2011 I will initiate action in the County Court.

Surely if you believe that they have breached the contract, you should just cancel the direct debit and then let them take you to court and prove that they didn't breach it.... (if they can be bothered to)

Rather than you continue paying them and incur the costs and risks of taking them to court....?

Must say, EXCELLENTLY WORDED LETTER though.

aaranj

I haven't even been notified by T-Mobile yet. I'm a little unsure where I stand, because although I did purchase my contract via a re-seller (MobilePhonesDirect), it was when T-Mobile were offering the 3GB FUP to ALL it's Android customers, and not just those who bought their contracts direct from T-Mobile. Any advice as to what I should do next?

N20Y1D

nsabournemouth wrote: »

Send it by email?

Which address/es?

maxtweenie

Lifes_Grand_Plan wrote: »

Surely if you believe that they have breached the contract, you should just cancel the direct debit and then let them take you to court and prove that they didn't breach it.... (if they can be bothered to)

Rather than you continue paying them and incur the costs and risks of taking them to court....?

Must say, EXCELLENTLY WORDED LETTER though.

It's always a bad move cancelling a direct debit without agreement from both sides. The last thing you want is any reason for them to stuff your credit file up for the next six years.

N20Y1D

maxtweenie wrote: »

It's always a bad move cancelling a direct debit without agreement from both sides. The last thing you want is any reason for them to stuff your credit file up for the next six years.

Are they allowed to do that though? I'm sure it breaks some law.

MrsWassire

NO notification here for our two HTC Desires. And shockingly... I logged into my account on T-Mobile to try and find my contract. It clearly said Web n Walk 18 (or whatever), FREE. However I sent them a message asking whether I would be affected and said if I was I wanted to terminate my contract immediately. I then came on here and saw a message about a screen grab of the WnW, so went back to get it, and it's GONE and it now says "Capped Data"!