Help with Tmobile wrongful charges due to unasked for booster

chinup77

Hi,

I've been with tmobile for 15 years, ever since I've had a mobile but shockingly, I've just discovered that on the 24 month contract I signed with them 18 months ago, they added on one of their text boosters and have been charging me an additional £5.11 per month for something that I never asked for or even use. I've had no notification of this either.

I have 500 free texts with my plan and barely use even 10-20 of them a month. I've just called and the girl was not very helpful, saying she could offer me £50 back as a goodwill gesture. £5.11 x 18 is £92!

Does anyone out there know what I can/should do. The girl said she's calling me back before six today after she's spoken to her manager but I'd like to know what I can say back or what my rights are in this situation.

All help greatly received.

Tony5101

So - for 18 months you've been paying for something and not realised? Don't you ever look at your bills?
IMHO - you've been lucky to be offered £50 back.
Even when mistakes happen, after a period of time you could be deemed to have accepted the contract as it stands.
Accept the £50, and move on.

matrix999

T-Mobile!!!!

What a shower!! Not only do they shaft their customers, their websites not working either now..

Avoid!

Bongedone

How come the OP has been thanked 10x in 8 posts and this is the 1st post?

matrix999

Bongedone wrote: »

How come the OP has been thanked 10x in 8 posts and this is the 1st post?

Looks like the MSE website is having difficulties as well :rotfl:

wantmemoney

Tony5101 wrote:

Even when mistakes happen, after a period of time you could be deemed to have accepted the contract as it stands.
Accept the £50, and move on.

and who prey tell would be the person to 'deem' that in this slant on UK Consumer Law

Tony5101

wantmemoney wrote: »

and who prey tell would be the person to 'deem' that in this slant on UK Consumer Law

Prey Tell...how very quaint and Dickensian....(I'm assuming you mean PRAY tell though?)

I would assume that this falls under the subject of Mistake in UK Contract Law, and whilst I'm not professing to be anything like an expert - common sense tells you that a duty of care is required by BOTH parties when entering into any contract.
It seems to me that this could be construed as a Unilateral Mistake, as one party is claiming not to know of the error (although, as per my first post, paying for something for 3/4 of a contract length without any (apparant) realisation seems a little odd)
There are dependencies, such as has the OP enjoyed the benefit of having this bundle by not having to pay any excess charges in the past? Only the Judge would be able to decide.

A unilateral mistake is where only one party to a contract is mistaken as to the terms or subject-matter contained in a contract. One must first distinguish between mechanical calculations and business error when looking at unilateral mistake. For mechanical calculations, a party may be able to set aside the contract on these grounds provided that the other party does not try to take advantage of the mistake, or 'snatch up' the offer (involving a bargain that one did not intend to make, betrayed by an error in arithmetic etc.). This will be seen by an objective standard, or if a reasonable person would be able to know that the mistake would not make sense to one of the parties. Unless one of the parties 'snatched up' the one-sided offer, courts will otherwise uphold the contract.

chinup77

Tony5101 wrote: »

So - for 18 months you've been paying for something and not realised? Don't you ever look at your bills?

Yes, I look at my bills the problem was it wasn't in my bills. It's never been in my bills in fact and only showed up today when I checked my overall plan online as I'm due for an upgrade.

Tony5101 wrote: »

Prey Tell...how very quaint and Dickensian....(I'm assuming you mean PRAY tell though?)

I would assume that this falls under the subject of Mistake in UK Contract Law, and whilst I'm not professing to be anything like an expert - common sense tells you that a duty of care is required by BOTH parties when entering into any contract.
It seems to me that this could be construed as a Unilateral Mistake, as one party is claiming not to know of the error (although, as per my first post, paying for something for 3/4 of a contract length without any (apparant) realisation seems a little odd)
There are dependencies, such as has the OP enjoyed the benefit of having this bundle by not having to pay any excess charges in the past? Only the Judge would be able to decide.
[/I]

As mentioned in my original post, I have used nowhere near my 500 allocated free text messages, so HAVE NEVER "enjoyed the benefit of this bundle" of an added 300 texts a month.

Tony5101 wrote: »

Accept the £50, and move on.

No, I won't as T Mobile are in the wrong. Luckily for me, they agree as T mobile are now refunding me the full amount owed. Case closed.

Tony5101

Pleased you got a result - but disagree with you over the amount not showing on your bill - simply not possible.
Anyway - as you've said...case closed

DevCoder

So complaint to conclusion in 6 hours ? Thats pretty good going.

Did you not notice you were paying £5.11 extra per month compared to the rate for what you thought the contract was for? For 18 months?

dealer_wins

krisdorey wrote: »

So complaint to conclusion in 6 hours ? Thats pretty good going.

Did you not notice you were paying £5.11 extra per month compared to the rate for what you thought the contract was for? For 18 months?

OP said it didnt appear on the fictitious bill that (s)he imagined they had.