Sueing T-Mobile

browneyedbazzi

BoGoF wrote: »

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You didn't 'buy' the phone though, you were given it free when you took out the contract for airtime......as you have been told

The 'free' phone was part of the contract and is covered by the SOGA...a point which was already covered above.

Butlers1982

You didn't 'buy' the phone though, you were given it free when you took out the contract for airtime......as you have been told

Yes i did "buy" the phone on 30/7/10. It was £100.

Still...please consider that there are risks to following this course of action and you may end up throwing good money after bad.

Appreciate that and thank you for comments so far- you have been very informative.

you'll have all your costs to pay and theirs as well

i didnt think you paid the other side at small claims court? Or am i wrong,i didnt last time?

Thanks

BoGoF

Apologies for my misunderstanding.

However case law is litter with people with 'principles' taking the big boys to court over such a relatively small sum and losing and ending up owing thousands.

Butlers1982

is litter with people with 'principles

How about those contesting the SOGA or does that not apply to the "big boys"

browneyedbazzi

Butlers1982 wrote: »

Y
i didnt think you paid the other side at small claims court? Or am i wrong,i didnt last time?

I'm not an expert on small claims proceedings because I deal with criminal cases but the advice guides that I have seen say things like 'If you lose you will not get court fees back but you are unlikely to have to pay any other costs.'

To me, the word 'unlikely' means that it is possible....otherwise they'd just say 'you won't have to pay any other costs'.

gnasher18us

Butlers1982 wrote: »

How about those contesting the SOGA or does that not apply to the "big boys"

I commented on this earlier, and then went to the pub!

I'm reading these postings and am becomming quite concerned!

You do seem up for the fight, but have been warned that if you do fight, you aren't always guaranteed to win.

I re-iterate my previous advice. You have bigger things to worry you in your life, and this could break you.

I said before that Apple will defend it's brand at ANY cost.

You got your i-phone cheap, so take the cost of repair.

It's £100 initial outlay and £140 repair. That's a good price for the i-phone!

Life's not long enough to be concerned about such trivialities. Let it go!

Butlers1982

To me, the word 'unlikely' means that it is possible....otherwise they'd just say 'you won't have to pay any other costs'.

Cheers for that!

You got your i-phone cheap, so take the cost of repair.

but im paying £40 per month on top of it,stupid i know and ill not be doing it again!

You do seem up for the fight, but have been warned that if you do fight, you aren't always guaranteed to win.

i know yes,but thats always the case!

Life's not long enough to be concerned about such trivialities. Let it go!

you sound just lile the mrs!! I cant it goes against my personality. The email from tmobile has made me get my teeth it this even more. They literally told me tough and its nout our problem- the soga says it is!

gnasher18us

I'm quite proud of sounding like the Mrs!

I'll tell you why: I have my health, a home, a loving (no - adoring) wife, and friends.
I no longer have a mother, she died suddenly of cancer a number of years ago.

Some things are bigger than this. The things I have written above are bigger than this.

Why put yourself through such stress and strains when, even if you do win, you win £140!

It takes a bigger person to accept that there are bigger things, and let it go, than to fight for a principle.

Seriously, don't get annoyed by this, and be so happy of what you have got.

Butlers1982

Seriously, don't get annoyed by this, and be so happy of what you have got.

Honestly i am BUT i always do things like this!

Some things are bigger than this. The things I have written above are bigger than this.

absolutely,i wouldnt argue with you on that.

Ill speak to trading standards tomorrow and see what they say.
Do you think its worth me writing to t-mobile explaining the SOGA again and that if they dont acknowledge my complaint then ill seek to recover all my costs from them?

gnasher18us

Personally - I'd just leave it.

You don't know the consequences of continuing this nonsense.

Other posters have quoted the law... and think you maybe should take it on.

I, personally, don't. I think "I always do things like this" is not an excuse to cause your wife, yourself and family (if you have one) to be stressed.

Life is not about making yourself, and your family, ill with stress... Life is about making the most of what you have, because you really do never know when it's going to end (or when you are going to get bad news).

I'm not a devout legal expert, but I can see the process you are thinking of undertaking is long, expensive and drawn out.

Can I ask you this. Would you have your life now, without the stress, and pay £140 or your i-phone mended with untold stress for a "principle"?

Only you care about this principle so passionately - no matter how may posters are following you now, they'll move on and not be that bothered about what you do.

If your principles are so high, get the i-phone mended and make yourself happy... for me, it's a no-brainer.

Worry about the good things in your life for as long as you have them: Your health, your family and your friends. They won't last forever.