Tmobile price increase

arturbdg

anna2007 wrote: »

Who says the press aren't interested?!

Ok let me rephrase that wasn't interested :rotfl:

arturbdg

anna2007 wrote: »

But this is a consumer issue, affecting all 2.6m customers - why should it take x amount of individual complaints to elicit action from the industry regulator?!

Ofcom has said that it is considering taking further action over the fairness of the contract term (based on the insignificant number of individual complaints they have received on the issue). They obviously recognise it as a consumer issue... but the fact they are still considering whether to take action after 14 weeks, and when they have a statutory duty to further the interests of consumers and prevent consumer harm, speaks volumes.

What I remember from mailing OFCOM is that they said that they can't look at single case and they need to have significant amount of complaints to be able to take action, what I am trying to say that in general it is consumers fault that OFCOM is taking so long to do anything.

I mean come on be realistic if organisation like OFCOM which oversees many things look at every single case, do a proper investigation and all then they would have to employ an army of people. I don't work for OFCOM but I do work for some company and deal with returns and all...some complaints are plain ridiculous and you have to investigate to be able to say client is right or company is right.

If more people would take a stand and complain then it would go much faster for OFCOM to see an issue. Of course now that CISAS took a decision in favor of customers it is a different story and of course only now OFCOM probably starts to take things more seriously.

Of course I am one of the people who made the case to CISAS with help from people from this forum and also realised that there is an issue because in all honesty I would miss that if not for the forum

xkpa

Here is an update on my T-mobile story (pre October contract):

Few days ago I have received an email from CISAS:

Case No: XXX - ME v T-Mobile (UK) Limited

We acknowledge receipt of an application for adjudication by the customer, a copy of which is attached for the attention of the company.

Please note that any further documents submitted after this date may lead to your application being restarted in order to give the company time to consider them.

In accordance with the rules of the scheme, the company is now required to submit two copies of their response to the claim, which should be returned to us within 14 days of receipt of this letter, that is, on or before EDITED (end of July)...

At the beginning of July T-mobile send me PAC code as per my request, but without waiving early termination fees. So I decided to not use it and I have sent a complaint to CISAS.

Today I have logged at my T-mobile account and I was shocked to see that I owe them almost 300 pounds. So those idiots cancelled my contract without my knowledge (my initial request was to give me the PAC code and cancel my contract without the early termination fees) and added the ETF to my last bill even if I didn't used the PAC code.

I cannot afford to pay this amount in single payment and this can affect my credit rating! Should I email the executive officer email?

I will appreciate any suggestions what to do now, I am really frustrated...

anna2007

xkpa wrote: »

Today I have logged at my T-mobile account and I was shocked to see that I owe them almost 300 pounds. So those idiots cancelled my contract without my knowledge (my initial request was to give me the PAC code and cancel my contract without the early termination fees) and added the ETF to my last bill even if I didn't used the PAC code.

I cannot afford to pay this amount in single payment and this can affect my credit rating! Should I email the executive officer email?

I will appreciate any suggestions what to do now, I am really frustrated...

Unfortunately, this has happened to quite a few others on the forum - as far as I can remember, the charge should only be applied if the PAC code's actually used, however TM are playing dirty

It's going to be weeks yet before your CISAS complaint is decided on. If you feel you can't afford to pay the charge, you could put the account into genuine dispute (section 4 of the t&c's explains how to do this), which allows you to withhold payments until the dispute is resolved. However, you'd probably have to cancel the direct debit too, otherwise TM may go ahead and take the payment anyway (they did this to others). I'm not sure what the implications are, if any, of cancelling the DD when you're in genuine dispute, maybe others could offer advice on this?

IanR2012

xkpa wrote: »

So those idiots cancelled my contract without my knowledge (my initial request was to give me the PAC code and cancel my contract without the early termination fees) and added the ETF to my last bill even if I didn't used the PAC code.

I'd treat as a separate Billing Complaint. You can't add to your existing complaint anyhow.

Start with Billing and escalate to Executive Office if you get no joy. I wold have thought they would accept very quickly that it is incorrect to bill you for a cancellation that you have not actioned.

Chimper

anna2007 wrote: »

Unfortunately, this has happened to quite a few others on the forum - as far as I can remember, the charge should only be applied if the PAC code's actually used, however TM are playing dirty

It's going to be weeks yet before your CISAS complaint is decided on. If you feel you can't afford to pay the charge, you could put the account into genuine dispute (section 4 of the t&c's explains how to do this), which allows you to withhold payments until the dispute is resolved. However, you'd probably have to cancel the direct debit too, otherwise TM may go ahead and take the payment anyway (they did this to others). I'm not sure what the implications are, if any, of cancelling the DD when you're in genuine dispute, maybe others could offer advice on this?

Do as Anna says and put the amount into dispute, they can't make a charge unless the PAC is used. Unfortunately T-Mobile work by taking the money and refunding it if not used. This is just the way they work.

Don't cancel your DD though. They must notify you in advance before any monies are taken so you'll have time to sort it out. You need to keep paying your contract until CISAS makes a decision. If for any reason T-Mobile try to take an unauthorised amount by DD you can ask your bank for an immediate refund under the DD guarantee.

I should add that the same thing happened to me. I complained to TM that I'd asked for the PAC free of charge and would open a new complaint. They cancelled the charge and also my monthly payment. This extra month makes no difference if you win, but it's a bit extra if you lose.

ruflonger

It continues to amaze me EE total disregards of its liabilities. In the CISAS defense they claimed a termination figure which was decreasing on a daily basis and yet the figure has increased. I have start a SCC but thought I would try and to at least get the termination figure I have to pay reduced before waiting to get them to court. I received a email today:

Case Reference: ******

Account Number: *******

Please respond to executive.office@everythingeverywhere.com

Dear Mr Ruflonger,

Further to you recent email, as requested I confirm the following.

To date the balance owed to EE is £***, this figure includes the early disconnection fee's that were applied following the port of your number. You will remain liable for this payment. As previously advised you have now exhausted our Escalation Process, therefore any further emails that are sent to EE in relation to this matter may not be responded to.

I trust I have confirmed my position on this matter.

Yours sincerely

I think I will go back to CASIS again as well, what do you think another case for them to fight there as well?

xkpa

Thank you anna2007, IanR2012 and Chimper. I emailed executive office and opened a dispute to withhold the charges. Very dirty play by T-mobile indeed. Now I will wait to see their response. Cheers

IanR2012

I have just received T-Mobile's Defence for my Post-October claim.

They have given their pre-October defence. And they've included a screenshot of the account stating V58 T&C's were sent out with the handset.

The plan was started mid Feb 2013.

The family member who's account this is can not currently find the actual T&C's that were received, unfortunately.

They have also revised the opening paragraphs, attempting to ratchet up the pressure on the claim being outside the scope of CISAS. Paragraph (5) with regards complicated legal interpretation now reads:

5. Further the dispute, as pleaded, necessitates the consideration of the legal interpretation of clauses contained within the Service Agreement (“the Agreement”) entered into between the Claimant and Respondent, applied as against facts, to ascertain whether a legal right of termination exists. The Respondent submits that such issues of legal interpretation require the evaluation and application of the law concerning contractual interpretation, an issue on which even the appellate courts often disagree. The law on contractual interpretation is complicated (see for example The Interpretation of Contracts, by Kim Lewison) and difficult to apply

They are a slippery bunch...

ruflonger

ruflonger wrote: »

It continues to amaze me EE total disregards of its liabilities. In the CISAS defense they claimed a termination figure which was decreasing on a daily basis and yet the figure has increased. I have start a SCC but thought I would try and to at least get the termination figure I have to pay reduced before waiting to get them to court. I received a email today:

Case Reference: ******

Account Number: *******

Please respond to executive.office@everythingeverywhere.com

Dear Mr Ruflonger,

Further to you recent email, as requested I confirm the following.

To date the balance owed to EE is £***, this figure includes the early disconnection fee's that were applied following the port of your number. You will remain liable for this payment. As previously advised you have now exhausted our Escalation Process, therefore any further emails that are sent to EE in relation to this matter may not be responded to.

I trust I have confirmed my position on this matter.

Yours sincerely

I think I will go back to CASIS again as well, what do you think another case for them to fight there as well?

After talking to CASIS it appears I have a case for the termination bill now as well