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N20Y1D

pmcx9 wrote: »

Thanks for placing an order online with T-Mobile.

We're really sorry but there was an error on the T-Mobile website and the price of the plan you ordered was incorrect. The price of your chosen plan is actually £10.21 a month, so we are unable to proceed with your offer to pay £0.00 a month instead.

To say sorry and to make sure you still get the great value plan you're looking for, we are happy to offer you a discounted price of £7.71 a month for 12 months instead.

If you are interested in accepting this offer, please call us on 0800 956 5038 and choose option 3 within the next 5 days with the following order reference number - xxxxxxx. If we don't hear from you within 7 days from your original date of ordering, then we'll assume you no longer wish to keep the service and we'll cancel your account.

We're available between 8am and 9pm, Monday to Friday and 8am to 8pm on a Saturday. If you would like to check our legal stuff for online orders click here.

We look forward to hearing from you soon.

Kind regards,

T-Mobile

Interesting to note that the legal stuff that email refers to states:

We are not obliged to accept your order. If we do accept your order, a contract will be created at the time we send you an email confirming your order. You will be deemed to have received our acceptance of your offer once we have correctly sent an email to your electronic mail box.

Now look at the subject line of the email from T-mobile after placing the order, mine read "T-Mobile order confirmation - order number XXXXXXX"
Now that to me is an email confirming the order and tells me that a contract has been created between myself and t-mobile.

http://www.t-mobile.co.uk/services/terms-and-conditions/


I'll be refusing the offer and pushing it further...


(for all those "move on, theres always another deal" types, thanks in advance)

mobilejunkie

"placing an order" - you - is not "accepting it" - them. There have been instances on the internet where mistaken offers appeared, people took them up but they weren't legally binding because the offer was incorrect. SO...

move on, there's always another deal... although personally all my deals are better than that anyway.

N20Y1D

mobilejunkie wrote: »

"placing an order" - you - is not "accepting it" - them. There have been instances on the internet where mistaken offers appeared, people took them up but they weren't legally binding because the offer was incorrect. SO...

move on, there's always another deal... although personally all my deals are better than that anyway.

They may not have been binding because of the T&Cs, those T&Cs are quite clear at what point a contract is formed.

Theres also a line in the confirmation email that states "Now you've joined T-Mobile""

mobilejunkie

Irrelevant - and not in the one posted above. The content makes it perfectly clear it was an error and it isn't legally binding. If you disagree try suing and see how much money you can lose.

N20Y1D

mobilejunkie wrote: »

Irrelevant - and not in the one posted above. The content makes it perfectly clear it was an error and it isn't legally binding. If you disagree try suing and see how much money you can lose.

Sorry whats not in the one i posted above?

Also the most it would cost me is £20 or whatever small claims costs these days.

What they send afterwards is irrelevant, a contract has been formed in line with their terms and conditions, they cant then just change them. Thats why they are called terms and conditions, the fact they also made an offer of a higher priced tarrif in the email could also be seen as baiting and switching.

grumbler

Hardly a surprise. It was an obvious error and everyone was expecting this.

arielcohen

If you want to pursue this matter and keep yourselves updated please join the google group
http://groups.google.com/group/t-mobile-small-claim

I think this will be our best option to get a positive result from tmobile. Stronger together

Almost 50 members, the email will be sent out tomorrow morning. If you would like to participate or if you have an order number and would just like to support us please drop your name and order number in the topic stating you accept.

Thanks and good luck to all of us.

mobilejunkie

N20Y1D wrote: »

Sorry whats not in the one i posted above?

Also the most it would cost me is £20 or whatever small claims costs these days.

What they send afterwards is irrelevant, a contract has been formed in line with their terms and conditions, they cant then just change them. Thats why they are called terms and conditions, the fact they also made an offer of a higher priced tarrif in the email could also be seen as baiting and switching.

"Theres also a line in the confirmation email that states "Now you've joined T-Mobile""

Actually, it WOULD cost you the fee to start the proceceedings and (since they would go to court as they would certainly win) it would then cost you a hearing fee, time of work, travelling costs, a good deal of hassle and months of stress. At the end you'd be even more disappointed and well out of pocket chasing an illusion.

This isn't just about their t&c - which also mean they would win. It's basic English law and with precedents to boot!

If you want a free (or better) deal, take out a cashback contract and (provided you do things properly and choose a dealer who'll still be around for the term of the contract) and THEN you can successfully sue IF they don't meet their t&c (which in that case WOULD be on your side).

I've taken many organisations to court but I'd never start if I couldn't win - and you definitely wouldn't win this!

grumbler

N20Y1D wrote: »

What they send afterwards is irrelevant, a contract has been formed in line with their terms and conditions, they cant then just change them. Thats why they are called terms and conditions, the fact they also made an offer of a higher priced tarrif in the email could also be seen as baiting and switching.

http://forums.moneysavingexpert.com/...light=pixmania

Also:

Aristotle67 wrote: »

Originally Posted by grumbler
If Tesco make an error with pricing and sell me 32'' for £10 they can do nothing after the deal is done.

They can, Grumbler. They can ask a court to declare the contract void due to a unilateral mistake; and in those skeleton circumstances, they will be successful.

Believe me, Aristotle67 knows much more about this than you and me.

arielcohen

Thing is you cant specificity call this a unilateral mistake. Its not unheard of that companies give contracts away for next to nothing, since they do have a benefit for the network because their numbers of users go up, you may go over your limit, you may stick on after the 12 months is over, and they probably have spare network capacity so the marginal cost per extra mins+texts isn't really that high i believe.

If you look at some current cash back contracts, that literally pay you for taking out the contract. That money has to come from somewhere, usually its the networks having some promotion or other and the last contract i took out with T-mobile i actually netted myself 3 months free contract and a further £55 from quidco. So it would be hard for them to prove that this was an unilateral mistake, if anything i could argue that they did this for publicity (they say bad publicity is still good publicity, or something along those lines)

Either way its not as clear cut as that tv case you mentioned earlier, and their are a some lawyers being consulted on the group mentioned effort on Google.

Again the link is http://groups.google.com/group/t-mobile-small-claim, im sure its worth a punt. Will be sending the email out tomorrow.