Breach of contract - help!

d123

Earthworm wrote: »

As far as I was aware employee discounts are never life discounts and I would imagine the employee would still need to work for them to maintain the discount. Could the agent have established you had the discount on your last deal and assumed you had a friend that worked for T-Mobile? Now the discount is off I think you are very unlikely to ever get it again.

Earthworm wrote: »

Just found this on Google. It clearly states that employees who leave lose all their discounts... Yours just seemed to have stayed on much longer.

http://e-gain.s3.amazonaws.com/external/content/Ts%20and%20Cs/EE%20Family_and_Friends_11.11.12_sa.pdf

You are incorrect, there has been more than one scheme offered by T-Mobile, and the scheme she appears to be on (going by the fact she says she has been on it for many years) will be the old Employee Call friends and family. It is a 50% discount that is offered for as long as the person maintains an account. It has none of the restrictions of the newer F&F 50% or 40% schemes.

Unfortunately none of the discount schemes can be used on some price plans (the cheaper iphone plans and some Full Monty plans come to mind).

If the OP want to keep her discount she will have to agree to move onto a plan that is available for the F&F plans.

princesspash wrote: »

They are telling me now that i can change my price plan to anything else except this particular one and have my discount! My friend left TM years ago and i've had several upgrades since she left, it hasn't been a problem up till now. They are saying i can still have it, just not on this price plan.

If you want the discount, you need to move plan, it is that simple. What price plan are you trying to get it applied to?

LCR

If you change price plan to any Full Monty tariff, your discount will drop off your account automatically & you can't apply it to these plans.

T-Mobile are being very good to add it back on, as long as you move back to a eligible plan, seems like the problem started when you were misinformed by sales who was unaware.

You have a discount under the old for life terms, EE terms don't apply to you unless you moved across to them, then it's 40%.

Earthworm

d123 wrote: »

You are incorrect, there has been more than one scheme offered by T-Mobile, and the scheme she appears to be on (going by the fact she says she has been on it for many years) will be the old Employee Call friends and family. It is a 50% discount that is offered for as long as the person maintains an account. It has none of the restrictions of the newer F&F 50% or 40% schemes.

Unfortunately none of the discount schemes can be used on some price plans (the cheaper iphone plans and some Full Monty plans come to mind).

If the OP want to keep her discount she will have to agree to move onto a plan that is available for the F&F plans.




If you want the discount, you need to move plan, it is that simple. What price plan are you trying to get it applied to?

do you have a copy of the terms? Based on the up to date terms for the newer 40% discount I would expect to see a term stating the discount or scheme can be removed at any time at the discretion of the network. A term like this would basically help to prevent the discount being re-applied.

Herongull

Earthworm wrote: »

My link clearly shows that the friends and family discount is separate to the tariff/minimum term. It is a perk you get when your friend works for T-Mobile.

The link I posted also states that the discount can be removed at any time at the discretion of EE.

If you read the link yourself you will see that it doesn't say this at all.:eek:

The scheme (not the discount - the whole friends and family scheme) can be withdrawn at any time. But the scheme has not been withdrawn, so this is irrelevant.

If the person leaves the company etc, then the family and friends stop getting the discount once the minimum term comes to end. The OP is still within the minimum term, so this does not apply.

It also says that when the person leaves, the family and friends will be contracted to tell them that the discount will stop once the minimum term has come to an end. This does not appear to have happened. As EE are concerned the discount is still applicable (even though the person has left).

What seems to have happened is that the discount is available only on certain plans and the OP was advised when they took out the contract that the discount applied to the plan they wanted.

This means they have to honour it. If you agreed to a contract at a certain price, they can't later change the price (other than things like inflationary increases).

The key point here is that they agreed the discount at the time the contract was taken out.

d123

Earthworm wrote: »

d123 wrote: »

You are incorrect, there has been more than one scheme offered by T-Mobile, and the scheme she appears to be on (going by the fact she says she has been on it for many years) will be the old Employee Call friends and family. It is a 50% discount that is offered for as long as the person maintains an account. It has none of the restrictions of the newer F&F 50% or 40% schemes.

Unfortunately none of the discount schemes can be used on some price plans (the cheaper iphone plans and some Full Monty plans come to mind).

If the OP want to keep her discount she will have to agree to move onto a plan that is available for the F&F plans.




If you want the discount, you need to move plan, it is that simple. What price plan are you trying to get it applied to?

do you have a copy of the terms? Based on the up to date terms for the newer 40% discount I would expect to see a term stating the discount or scheme can be removed at any time at the discretion of the network. A term like this would basically help to prevent the discount being re-applied.

The up to date terms have no bearing on the old plan, it is actually the original one2one Employee Call Friends and Family. They will reapply it when the customer moves onto a price plan that is eligible.

The discount is applied to the account for life (but the OP needs to stay within the rules, and they do state certain price plans are excluded).

d123

Herongull wrote: »

The scheme (not the discount - the whole friends and family scheme) can be withdrawn at any time. But the scheme has not been withdrawn, so this is irrelevant.

If the person leaves the company etc, then the family and friends stop getting the discount once the minimum term comes to end. The OP is still within the minimum term, so this does not apply.

Please keep up with the posts, that is not applicable to the original discount plan. The OP is not on the newer plans that you are googling and then commenting on.

Herongull

The mobile company has to honour the price that was agreed in the contract even if their staff made a mistake and the discount shouldn't have applied to the plan.

If they take more than what was agreed in the contract, then the OP is entitled to damages and to cancel the contract.

If the OP follows the dispute procedure, the ombudsman is highly likely find in their favour.

It seems to be an open and shut case!

Herongull

d123 wrote: »

Please keep up with the posts, that is not applicable to the original discount plan. The OP is not on the newer plans that you are googling and then commenting on.

I was responding to Earthworms post which was the latest post at the time I started composing my reply. Earthworm posted the link and I read it carefully in order to respond. This takes a little time.

By the time, I had posted my response more posts had appeared. It happens!

d123

Herongull wrote: »

The mobile company has to honour the price that was agreed in the contract even if their staff made a mistake and the discount shouldn't have applied to the plan.

If they take more than what was agreed in the contract, then the OP is entitled to damages and to cancel the contract.

If the OP follows the dispute procedure, the ombudsman is highly likely find in their favour.

It seems to be an open and shut case!

Except I've never seen a contract where the discount is shown on the original documentation, the discounts are handled by a separate department and only applied after the contact is active (sometime a week or more later). Sales staff don't have access to their system, and other than a handwritten notation by the salesman I can't see how it could be written into the contract (unless things have changed drastically recently).

Another problem is the fact that the (separate) terms and conditions for the discount (which would have been signed when the discount was originally added) make it clear that the discount can only be used on certain plans and a direct debit is compulsory. Failing to comply results in a withdrawal of the discount until rectified or cancellation of the discount if the person refuses to comply.

OP might find the contract cancelled and the discount cancelled altogether if she pushes for something she shouldn't have. It could prove quite costly in the long term to lose it.

LCR

d123 wrote: »

Except I've never seen a contract where the discount is shown on the original documentation, the discounts are handled by a separate department and only applied after the contact is active (sometime a week or more later). Sales staff don't have access to their system, and other than a handwritten notation by the salesman I can't see how it could be written into the contract (unless things have changed drastically recently).

Another problem is the fact that the (separate) terms and conditions for the discount (which would have been signed when the discount was originally added) make it clear that the discount can only be used on certain plans and a direct debit is compulsory. Failing to comply results in a withdrawal of the discount until rectified or cancellation of the discount if the person refuses to comply.

OP might find the contract cancelled and the discount cancelled altogether if she pushes for something she shouldn't have. It could prove quite costly in the long term to lose it.

This is black & white issue & I absolutely agree with d123.

You have two agreements mobile & discount, if sales says yes & plan is not on the eligible list for discount, there is nothing you can do, their system doesn’t allow it, I’ve asked about it before.

They have agreed a fix as long as your on the right plan (under exceptional circumstances) normally once a discount is gone it's gone for good, unless it drops off in error, to hold out your only risking it.

Also ask about applying a credit/refund for the diffrence so far, on current plan.