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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.

So looks like you were wrong.... :rotfl:

mobilejunkie wrote: »

It's VERY clear cut. Sue - lose. Cashback contracts are irrelevant and your interpretation and exmple of them isn't that great.

As always wioth these things, if you think you'll win go throw your money away - not much point coming on here to debate with those who do know better, since you obviously think otherwise. You pays you money and you lose it (sorry - takes your chances...)!

Humble pie?

mobilejunkie

Wrong means that if you sued you would win - you wouldn't. Off course, there are none so blind as those who can't see the wood for the trees and would like the world to work differently to the way it does.

The network offered a true gesture of goodwill; it didn't have to since those who made a lot of noise about suing without actually doing it would have simply lost their money.

N20Y1D

mobilejunkie wrote: »

Wrong means that if you sued you would win - you wouldn't. Off course, there are none so blind as those who can't see the wood for the trees and would like the world to work differently to the way it does.

The network offered a true gesture of goodwill; it didn't have to since those who made a lot of noise about suing without actually doing it would have simply lost their money.

Off course?

They honoured this as they had no choice, a contract had been formed the moment they sent the confirmation email in line with their T&Cs. Had the T&Cs instead stated a contract was formed when the SIM card was dispatched they would not have "offered a gesture of goodwill".

grumbler

N20Y1D wrote: »

They honoured this as they had no choice

Is it a fact or a hypothesis?

N20Y1D

grumbler wrote: »

Is it a fact or a hypothesis?

Well given they were refusing to even discuss this issue with me any further one minute and then perform a complete turnaround the next coupled with the T&C's plainly stating a contract is formed the moment they send the confirmation email I'm plumping for FACT.

mobilejunkie

You may "plump" for whatever you wish - just as you could have wasted money suing. The law is the law and the only "confirmation email" confirms that the offer was a mistake. Still, has saved you throwing money away on a lost cause even if it hasn't made you any the wiser regarding law and contracts.

N20Y1D

mobilejunkie wrote: »

You may "plump" for whatever you wish - just as you could have wasted money suing. The law is the law and the only "confirmation email" confirms that the offer was a mistake. Still, has saved you throwing money away on a lost cause even if it hasn't made you any the wiser regarding law and contracts.

Nope the confirmation email, is just that, hence the subject "T-Mobile order confirmati​on - order number xxxxxxx"

The next email t-mobile send out is to inform you the sim card has been dispatched. This is common knowledge to anyone who has taken out a sim only contract with t-mobile directly before.

"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."

you feel free to keep on digging though.

deanos

Anyone heard anything today we are meant to be contacted today but heard nothing yet

N20Y1D

deanos wrote: »

Anyone heard anything today we are meant to be contacted today but heard nothing yet

Apparently a few over on HUKD have received dispatch emails..

I'm hoping to speak to them as dont actually want the sim and will instead try my luck and see if they'll just knock a some money off of one of my other contracts, if not will give it to my mum for xmas.

arielcohen

Mobilejunkie

The small claims group that we started wasnt a one path route to get our goal. We decided to join together so that it wouldnt be as easy to fob us off, we gathered some publicity and organised responses/ comments on the news stories such as the metro one. The small claims court part was a last resort after going through T-mobiles complaints procedure which I was told takes ~28 days.

I understand that in your opinion had we gone to a small claims court we would have lost, though some other lawyers that were in the group told us otherwise. The cost to file a claim is £30, we would have made groups of 30 meaning it would cost £1 each to file. This would have been later on and the decision to commit and put money forward would have happened at a later date, that is when your argument of loosing could have been pertinent.

The generosity and good will in T-Mobile giving us the contracts wont go unnoticed but I believe that we all had a part in it and therefore our small claims croup was not in any way a waste of time.