Charged an early termination fee without cancelling....

N20Y1D

I'm with T-Mobile and today noticed that on my last bill i was charged £31.xx which was itemised as an early termination fee...

This contract isnt up until March next year so this came as quite a suprise so i called t-mobile up and they said it was because something had been removed from my account.

I have since investigated and found that they have removed "web'n'walk plus without even telling me... given they have charged me an early termination fee which i have paid am i entitled to ask for my PAC? And can t-mobile just withdraw something like that?

Quentin

Sounds as though this is an admin error.

A mistake like this, though irritating, isn't a breach of contract!

If they don't put matters right, then raise a "complaint".

buscape

Have a look at the terms and conditions - http://support.t-mobile.co.uk/resources/sites/TMOBILE/content/live/DOCUMENTS/0/DO117/en_GB/36014777_Online_TCs_v1.pdf

T-Mobile_Terms_&_Conditions wrote:

Changes to the Service and Charges. We will give You Written Notice of some changes to the Services or Charges before those changes take place. (See point 7.1 of these terms and conditions.)

T-Mobile_Terms_&_Conditions wrote:

7.1.3. We can suspend, change or withdraw Your Price Plan or
Price Plan Services. We will give You Written Notice 30
days before We do so. The change will then apply to You
once that notice has run out.

Sounds to me like they have removed a service (web'n'walk plus) without notifying you. Which then leads to clause 7.2.3.2:

T-Mobile_Terms_&_Conditions wrote:

7.2.3.2. You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4
above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect

Not a legal expert by any stretch of the imagination, but it looks to me as though T-Mobile are in breach of their terms and conditions if they have removed a service without giving you 30 day notice of the change. Charging you for the privilege of having less service is plain cheeky.

N20Y1D

Thanks for the replies, their call centre staff are useless.

I was told this all happened "due to a glitch in the system or something" then promised a call back that never came...

Buzby

As long as you are not financially penalised, there should be no issues allowing termination by you.

N20Y1D

Buzby wrote: »

As long as you are not financially penalised, there should be no issues allowing termination by you.

Clearly I have been penalised, to the tune of £31.xx them telling me it will be credited back to me is irrelevant they have withdrawn a service and charged me for the privilege.


To be honest they have been useless since i upgraded, i have spent hours on the phone trying to get what was agreed initially, this took months despite me having emailed confirmation of what was agreed. But as i say eventually it was all sorted however now a couple of few months later they spring this.

N20Y1D

Been having email ping pong with T-Mobile:

Dear Sir/Madam


My T-Mobile account number: xxxxxxx

My T-Mobile phone number: xxxxxxxxx


Yesterday I checked my most recent bill dated 16th May 2012 and noticed that I had been charged the following:

One-off charges and credits

Early Termination Penalty (VAT Exempt)

£31.86
£31.86 Total one-off charges and credits

This came as quite a suprise as I have not cancelled anything nor have I been informed of any charges.

Upon further investigation I have also noticed that I have had the "web'n'walk Plus (12)" service removed from the tarrif for XXXXXXXXX again I was not informed of this.


Ever since I took out this contract with yourselves I have had nothing but trouble, all I wanted was what was agreed when I upgraded which took several months and hours of phone calls - your call centre staff are next to useless and having attempted to discuss this most recent issue last night I was told it was due to a "glitch in the system or something" which I found ludicrous, I then asked to speak to a supervisor and held for several minutes to then be promised a call back which never materialised therefore I am no longer willing to discuss this.

Having looked at the T&C's you are clearly in breach of contract and therefore I would like to request my PAC for the number XXXXXXXXXX which I am entitled to without incurring any cancellation charges due to said breach(es).



I would appreciate your prompt reply and PAC as requested.

N20Y1D

to which they replied

Thank you for your email regarding the Early Termination Fee and the web'n'walk plus option.

I am sorry for the inconvenience this matter has caused you.

I can confirm that the fee was refunded onto your account on the 7 June.

The web'n'walk option did expire on the 24 April. I am unsure why the adviser set an expiry date on this occasion.

I will be willing to re add this feature for you and I will discount it until the end of the contract 24 April 2013.

Please confirm if you want to accept this offer and I will arrange it for you.

Thank you again for your email Mr xxxxxxx. I look forward to hearing from you soon.

Kind regards

N20Y1D

rplied to them:

I find the fact you are "willing" to "offer" me what I was already entitled to laughable.

I have no idea why it expired either, but the fact you failed to give me 30 days notice of this means you have breached our contract, as well as overcharging me - which could have incurred me significant costs with my bank.

Please issue my PAC as requested.



Thanks in advance.

N20Y1D

another reply from them:

Thank you for your further email.

I am sorry that you remain unhappy with my response.

If your account is cancelled you will incur an Early Termination Fee of £219.61 VAT exempt and cannot be waived. The fee is the remainder of the your line rental until the contract ends.

I have added the web'n'walk option again for you today and discounted it until your contract ends 24 April 2013.

Thank you again for your email Mr xxxxxxxx. I appreciate the opportunity to clarify this matter for you.

Kind regards

N20Y1D

My latest reply:

I do not believe I am liable for the early termination fee, your terms and conditions state:

2.11.2. If You are a Consumer and the change is of material
detriment to You, We will send You Written Notice 30 days
before the terms and conditions are due to change. The
new terms and conditions will apply to You once that
notice has run out, unless You terminate Your Agreement
with Us within that notice period. If You do this You won’t
have to pay any Cancellation Charge that would otherwise
apply, see point 7.2.3.2

7.2.3. A Cancellation Charge won’t apply if You are within the
Minimum Term and:

7.2.3.2. You are a Consumer and the change that We
gave You Written Notice of in point 2.11.2 or 7.1.4
above is of material detriment to You and
You give Us notice to immediately cancel this
Agreement before the change takes effect;





If you still feel that I am liable to pay the early termination fee can you please answer the following:

1) Was the Web'n'Walk Plus service removed from my contract

2) Was I given 30 days notice of the removal of the Web'n'Walk Plus service.

3) Was I charged an "Early Termination Fee" of £31.86 an for the removal of the Web'n'Walk Plus Service



I look forward to hearing from you.