Tmobile changes fair use policy to 500MB?

ruggedtoast

Basically, T-Mobile, exactly like Vodafone before them, have changed everyones contracts mid term. Just like Vodafone, its in contravention to their own terms and conditions, its illegal under contract law, many people arent informed, and... they dont give a tinkers.

Most people will either not understand it, some will moan on web forums or get fobbed off by customer services, and some people; the noble few, will slog it out for months with deadlock letters and referrals to OTELO / CISAS / OFCOM of whatever toothless government body you get stuck with in cases like this.

No one is going to sue T Mobile, there are no class action suits in the UK so the most they have to worry about is individual rulings from regulators that prove time and time again they will bend over backwards to keep telecoms companies happy over the consumer.

Caveat emptor. Anyone signing up to a long contract with a British mobile phone carrier better be braced for disappointment along the way because they, apparently, can do what they want.

ispartacus75

samba wrote: »

Well I don't know that he's wrong - I believe he may be right. By your logic tho this now makes you a troll too, as your assertion that "Everyone knows this" is wrong, and if you aree wrong you then you must be a troll.:p

My own feeling is that this issue is being blown out of all proportion, and really the problem lies with the success of services like spotify who need to do a deal with the networks to help cover the cost of transporting the huge amounts of data they are creating. just my tuppence worth.

Also, tho you may feel you have a right to 3GB of data per month, you also have a duty to respect other people's rights to be able to downlaod data, which may mean regulating your usage more when available bandwidth is scarce, so that eveyone can share what is available.

Ok, I will give you a chance. Can you please explain how he is right?

Former_MSE_Andrea

Hi everyone

If you feel someone's causing problems or taking threads off topic can you report them to the Forum Team as usual by hitting the abuse button then just ignore and carry on, on topic. If you reply and quote it takes the team longer to deal with the reports.

Thank you!

Andrea

StuartH_2

From what I can tell, there are three issues here:

1- appropriate notice was not given.
under their own condition 7.1.3 and Ofcom's general condition 9.3, they should have given 30 days notice. it appears only one person claims to have received this notice.

2- "material detriment"
under their own condition 2.11.2 and Ofcom's general condition 9.3, any change to conditions in a consumer's contracts that cause a "material detriment" to the consumer, will allow the consumer to terminate the contract without penalty. this is a change to the conditions. the conditions refer to the fair use policy, so the fair use policy is an implicit part of the conditions.

3- "additional service" confusion.
T-Mobile classifies some services as "Price Plan" services and others as "Additional" services. They are now claiming that internet is an "additional service". the website, however, strongly suggests that the internet is part of the Price Plan services, as "Unlimited Internet" is listed along side the Minutes and Text allowances.
Furthermore, on the website, they explicitly say:
"Internet for 'always-on' phones (Android™ and Windows® Mobile)
If your phone needs an 'always-on' internet connection, internet will be included in your price plan, so you can choose a different Flexible Booster. This will be highlighted on the phone overview page."
This, to me, is fairly cut and dry. If they're not changing the contract now, then they mis-sold at time of purchase. They can take their pick.

Also note that Ofcom make no such distinction between "Core" and "Additional" services, so even if they dispute the wording of their own T&Cs, they can't dispute Ofcom's.

fabsaver

http://conversation.which.co.uk/mobile/mobile-phone-networks/t-mobile-drastically-cuts-data-usage-allowances/

One of the comments posted on this page (by Kenton) raises an interesting new angle:

The contract with T-Mobile defines Price Plan Service as a Service included in the price plan, and an Additional Service as an optional extra Service that can be added to the account. Since data is required and not optional for Android contracts, data on T-Mobile Android contracts is a core Price Plan Service and not an Additional Service.

The contract further defines Price Plan as the bundle of Price Plan Services for which the Price Plan Charge applies. This bundle of Price Plan Services includes data for Android contracts.

T-Mobile is offering its direct Android customers what they currently have for an extra £15 per month. This is a rise in the price of Price Plan Services (which includes data for Android contracts) to which the Price Plan Charge applies.

Since the Price Plan Charge for the Price Plan comprising the core Price Plan Services has risen by £15 per month, this is substantially more than any increase in the Retail Price Index for the previous 12 months, and thus under clause 7.2.2.3 of the contract, I wrote to them to immediately terminate my contract.

jennyfive

samba wrote: »

Well I don't know that he's wrong - I believe he may be right. By your logic tho this now makes you a troll too, as your assertion that "Everyone knows this" is wrong, and if you aree wrong you then you must be a troll.:p

My own feeling is that this issue is being blown out of all proportion, and really the problem lies with the success of services like spotify who need to do a deal with the networks to help cover the cost of transporting the huge amounts of data they are creating. just my tuppence worth.

Also, tho you may feel you have a right to 3GB of data per month, you also have a duty to respect other people's rights to be able to downlaod data, which may mean regulating your usage more when available bandwidth is scarce, so that eveyone can share what is available.

If people are going over their limit on a regular basis, they should make the point at which they can't download more the 1gb/3gb that they originally agreed to.

If they can't handle everyone taking advantage of the 1gb/3gb customers were assured was fair use when they signed up, customers shouldn't have been offered it in the first place.

jamespir

MSE_Andrea wrote: »

Hi everyone

If you feel someone's causing problems or taking threads off topic can you report them to the Forum Team as usual by hitting the abuse button then just ignore and carry on, on topic. If you reply and quote it takes the team longer to deal with the reports.

Thank you!

Andrea

thing is i wasnt causing problems i made a fair statment and they attacked me

Heretic_osjc

ampletime wrote: »

Handsets that are data hungry should not be sold if the network can't handle it and the likes of T-Mobile should stick to selling mobile plans and nothing else.

I don't think it is a case of the network not being able to handle it as I find their HSDPA to be second only to vodas (in personal experince). I believe its a forced changed with the merger to orange because orange is 500mb T-Mobile now has to be 500mb.

Plus there is still no clariforcation on Android users they may not force this apoun us.

nickmack

StuartH wrote: »

2- "material detriment"
under their own condition 2.11.2 and Ofcom's general condition 9.3, any change to conditions in a consumer's contracts that cause a "material detriment" to the consumer, will allow the consumer to terminate the contract without penalty. this is a change to the conditions. the conditions refer to the fair use policy, so the fair use policy is an implicit part of the conditions.

As I previously posted, their condition 2.11.2 relates to T&C changes, so I don't believe it's relevant. However, I think Ofcom 9.3 applies.

hillendale

everyone email t-mobile customer service a copy of this with your account info

11/01/2011

Ref: Tel 07........... , 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,
cheesed off data user