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Not received tariff I signed up for (mobiles.co.uk)

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Hello! :wave:

Back in August I signed up for a T-Mobile contract through !!!!!!!!!!!!!!!!!!!! (who I have used before with no issue) for a Samsung Galaxy S3 on a tariff which included unlimited texts. I got the phone through no problem and have been using it happily since.

However, stupidly I didn't check all of the documentation that came with it, and I have been signed up to a tariff which includes only 500 texts. After checking my last couple of bills, I've noticed I've been charged for (a lot) of texts that have been 'outside of my allowance' that should have been free in the first place - I've worked it out to be charges of £122 that should have been included in my allowance!!

I have contacted T-Mobile though their Facebook page requesting they upgrade me to unlimited texts and credit my account for any extras, and they have said

"I've accessed your account and now added the free unlimited texts for you as of today. As far as any credit for the texts you have been charged for I'm afraid this needs to be taken up with the 3rd party company you originally took the contract out with"

"T-Mobile is not responsible for the prices of third party services, or for third party promotions or the way they charge; this is down to the 3rd party provider."

I have tried getting in touch with mobiles.co.uk however their customer service is virtually non-existant and I have given up for today trying to speak to a real person.

Does anyone know where I stand with this? I can't believe I have been paying a contract for a service I haven't received, and someone (either T-Mobile or mobiles.co.uk) has got over £100 of my cash that they shouldn't! Am I able to get it back, or is it too late now? If so any tips on what steps I should take?

Any advice gratefully received :) Thankyou!

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    First step - have you kept a copy of what they supplied when you got the contract, what you thought you signed up for and anything that can prove you have been the subject of mis-selling or a mistake?

    And another thing:- if you haven't and you have effectively changed the tariff that mobiles.co.uk have on record, then you are in danger of losing any cashbacks.
  • domharrison
    domharrison Posts: 14 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 13 December 2012 at 7:55PM
    Guys_Dad wrote: »
    First step - have you kept a copy of what they supplied when you got the contract, what you thought you signed up for and anything that can prove you have been the subject of mis-selling or a mistake?

    And another thing:- if you haven't and you have effectively changed the tariff that mobiles.co.uk have on record, then you are in danger of losing any cashbacks.

    I've got an invoice that came with my phone showing my order number on, when I log in on mobiles.co.uk and put my order number in it shows a summary of my order which shows unlimited texts:

    (Forum won't let me post a screen shot)

    I think the invoice off mobiles.co.uk is the only physcial document I have got off them, and it doesn't have any details of my contract allowance on, only the mobile number and phone make/model etc, along with my order number.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I've got an invoice that came with my phone showing my order number on, when I log in on mobiles.co.uk and put my order number in it shows a summary of my order which shows unlimited texts:

    (Forum won't let me post a screen shot)

    I think the invoice off mobiles.co.uk is the only physcial document I have got off them, and it doesn't have any details of my contract allowance on, only the mobile number and phone make/model etc, along with my order number.

    Print that screen and keep it.

    If mobiles.co.uk don't play ball and reply to you, send a letter before action (LBA) with a copy of what you agreed and tell them that you are giving them, say, 7 working days to get your refund of all texts charged or you will take out a small claim against them for the amount you have been charged. Recorded delivery

    Now there are a couple of problems. The first is they could say you should have noticed month 1 and did nothing to mitigate the loss or sort it out. They could also say it is the network's fault.

    You should also send a copy of the screen to T-Mobile customer services and ask them to process it through their complaints procedure.

    Others have much more experience of dealing with mobiles.co.uk and may be able to offer better advice, but that's where I would start.
  • Guys_Dad wrote: »
    Print that screen and keep it.

    If mobiles.co.uk don't play ball and reply to you, send a letter before action (LBA) with a copy of what you agreed and tell them that you are giving them, say, 7 working days to get your refund of all texts charged or you will take out a small claim against them for the amount you have been charged. Recorded delivery

    Now there are a couple of problems. The first is they could say you should have noticed month 1 and did nothing to mitigate the loss or sort it out. They could also say it is the network's fault.

    You should also send a copy of the screen to T-Mobile customer services and ask them to process it through their complaints procedure.

    Others have much more experience of dealing with mobiles.co.uk and may be able to offer better advice, but that's where I would start.

    Thanks for the advice. The bit in bold above is what worries me, I am pretty sure I got a letter from T-Mobile that summarises my allowances in my welcome pack, being an idiot I didn't check it all through properly at the time :( I just assumed all would be as I had signed up for and agreed.

    I will try again tomorrow to ring mobiles.co.uk when their customer services is open tomorrow, hopefully will be able to get through to a human! (I struggle because they close at 6pm and I don't get home from work til between 5.30 and 6). If I can't get a satisfactory answer I will follow the above advice and put it to them in writing.

    Thanks for your advice, if anyone else has any I would be very grateful :)
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    edited 14 December 2012 at 3:21PM
    August's not that long ago so I wouldn't be overly concerned about not noticing until now. You MUST have written evidence to be sure of a good case; you SHOULD have printed out the exact deal at the point of sale (fundamental ground rule on any such purchase).

    Don't waste time with this dealer on phone calls. Send an email via their website form.

    Then you will get an external email address to use. Point out what happened and insist they:-

    1) Put you on the tariff you contracted with them

    2) Reimburse you for the charges which should have been included in the correct tariff.

    3) Insist on confirmation that these changes will NOT affect your cashback claims.

    Should they refuse any of these (assuming it's a cashback deal as far as that one goes) Send a LBA to CPW (T/A Mobiles.co) and send a copy to Mobiles using the email address you will now have. Add any continuing charges and costs and (naturally) court fees and statutory interest to what is owed (and make that clear in the LBA).

    If they don't do everything they should, sue.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Yes, take MJs advice and follow his steps. He has loads of experience with this company and can be of great help.
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