Problems cancelling T-Mobile sim only deal under DSR

Number29

Hi all

I bought a sim only deal from T-Mobile and ported my number to the network. I then requested that the contract be cancelled under the DSR and I received confirmation and a reference number that this would happen. I requested a PAC along with this cancellation request.

Since then, I have spoken to T-Mobile customer services 3 times in a bid to get a PAC issued. On all occassions I have been told that the cancellation department would contact me within a certain timeframe to give me a PAC (either by text or by phone), and on all 3 occassions this has failed to happen. The confirmation email I received from T-Mobile stated that the contract would be cancelled within 5 working days (which was 24 July) and yet over a week later the contract is still active and I do not have a PAC.

How long can T-Mobile delay issuing me with a PAC after I request the contract be cancelled under the DSR?

Many thanks

#29

IanR2012

Number29 wrote: »

How long can T-Mobile delay issuing me with a PAC after I request the contract be cancelled under the DSR?

They can't, They have to provide it within 2 hours of the request.

http://ask.ofcom.org.uk/help/telephone/phonoswitch2

It must be issued to you immediately over the phone or within two hours by text message.

...Unless they have a reason to refuse

http://ask.ofcom.org.uk/help/telephone/refuse_PAC


Perhaps call them again, remind them of their obligation on the call and then summarise it in a letter to them and email it to the Executive office:

executive.office@everythingeverywhere.com

and just for good measure cc the CEO

olaf.swantee@ee.co.uk

Number29

Well none of the reasons to refuse a PAC apply to me. I'm going to call them again after work and ask for a PAC on the phone.

Tony5101

I'm just wondering whether, because you are cancelling under the DSR, this is having an impact?
I would assume that getting a PAC and using it would result in the automatic termination of the contract - and again - I'm assuming that if that were to happen - then their system is going to automatically bill out for any 'contracted' remaining minimum term.
I agree - they have no reason to refuse your PAC - and do have an obligation to provide it to you, if you ask for it. But your cancellation/termination circumstances could be the fly in the ointment. IYSWIM

daveyj792

IanR is right, they have to give it within 2 hours. If they are messing you around phone them up and demand that the person you are talking to give you one over the phone.

gjchester

Number29 wrote: »

. I requested a PAC along with this cancellation request.

You can't do this. You can either have an active cancellation notice or an active PAC number, but not both. Which ever was requested last will be in force.

The line has to be active for a PAC to work, to prevent the possibility that your account is closed before the PAC used, and if that happened you would lose the number.

Cancelling under the DSR may have already closed out the account, and in that case a PAC may not be possible as the account already cancelled.

Number29

gjchester wrote: »

You can't do this. You can either have an active cancellation notice or an active PAC number, but not both. Which ever was requested last will be in force.

The line has to be active for a PAC to work, to prevent the possibility that your account is closed before the PAC used, and if that happened you would lose the number.

Cancelling under the DSR may have already closed out the account, and in that case a PAC may not be possible as the account already cancelled.

I understand that. However, I made it clear in my email stating that I was cancelling under the 7 day cooling off period that I was also requesting a PAC. I know that I'll be liable for line rental and charges that occur between the connection and eventual disconnection date.

UPDATE - I have now received a PAC from T-Mobile. All I needed to do was get through to the Sunderland crew :P

d123

Number29 wrote: »

I understand that. However, I made it clear in my email stating that I was cancelling under the 7 day cooling off period

I'm presuming you didn't use the service in any way?

If you did, they do have an exception, and you could be liable for an early termination charge.

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

This is the way Three interpret the DSR, and so far I'm not aware of anyone overturning it.

gjchester

Number29 wrote: »

I understand that. However, I made it clear in my email stating that I was cancelling under the 7 day cooling off period that I was also requesting a PAC. I know that I'll be liable for line rental and charges that occur between the connection and eventual disconnection date.

Sorry but that's not possible.

You can either give notice to cancel, OR have a PAC.

Getting a PAC cancels the notice to cancel. If you don't use it the contract will continue.

Number29

gjchester wrote: »

Sorry but that's not possible.

You can either give notice to cancel, OR have a PAC.

Getting a PAC cancels the notice to cancel. If you don't use it the contract will continue.

I know that, but I had to request that I wished to terminate the contract within the cooling off period, which I did. Whether I cancel it completely or get and use a PAC, it's irrelevant. The problem has been getting a PAC from TMobile (until now).