Could this be considered a breach of contract?

Simon7685

Firstly I do not want to cancel my contract and I am not looking to "get out of" my contract. I merely want to establish if it could be grounds to cancel, to try and force my provider to get their finger out and sort out the problem.

I renewed in July, online via a chat with T Mobile. They clearly stated that my new monthly bill would be one price (inc VAT) and ever since have been charging me more than that.

I have a copy of the live chat that took place at the time, they sent it to me. I renewed based on what they told me I would get and what I would pay for that each month.

So to charge me more than that amount is not on but can I say they have broken the contract that they supplied me with? If so I can go ahead and threaten to go down that route unless they sort out the problem instead of just ignoring me!

Thanks in advance

Herongull

Yes, potentially but it would depend on the facts of the case.

For example, if they said the tariff would be £x per month when you took out the contract but they now say that the actual tariff is £y, then (except for things like inflation rises if allowed for in the contract), then this sounds like misrepresentation and if you can show this, you can cancel the contract or claim damages or possibly both.

See: http://www.which.co.uk/consumer-rights/problem/i-may-have-been-misled-by-my-mobile-phone-provider/

Silk

Have you asked them why they are overcharging you ?

If it is a mistake or billing error they would have to be given the chance to rectify the problem before you could consider any breaches of contract

Simon7685

Yes I have asked them several times now and the latest gem of wisdom from a Facebook PM (as advised by them to get a quick response) "Sorry we are very very very busy, please be patient."

I have detailed the complaint to them, I renewed via online chat with them, they quoted me a cost, I accepted that cost and ever since they have charged me more than they quoted. No price rise, just charged me a different price! I even included the online chat transcript they sent me when I renewed which clearly states what my monthly cost will be for a,b,c & d. I even double checked in the same conversation what exactly I would be paying each month in total. It is completely clear, they are just overcharging me.

I mean how hard can it be?

It is just so annoying when they just ignore you, they never seem to a problem texting and emailing 4 times every month to tell me they have sent another bill!!!!!!

Earthworm

Where is the overcharge? Is it calls and text charges, MMS charges or the line rental? You could be getting charged more than the price you agreed for several reasons.

Simon7685

The overcharge is in the service plan charges. When I agreed to the new contract I was advised that my monthly bill would be £16.39 ex VAT and £19.67 inclusive of VAT for the calls, texts and unlimited data I have. I never use all my allowance, so there are no other charges on the bill. Since the inceprion of the new contract I have been charged £20.35 inc VAT per month.

It isn't about the money, its only 68p a month when all said and done. It is about the fact it is not what I signed up for and not what they advised in writing when I took the offer. If they say something is going to be X.XX then that is what it should be, not more, not less.

ZhugeEX

£19.67 with 3.3% rpi increase = £20.33

Coincidence?

But then the price increase wouldn't apply to you right? Because you renewed after the price increase? Or is that not how T-Mobile work?

If i was you i'd certainly challenge it by threatening some sort of action.

gjchester

Simon7685 wrote: »

It isn't about the money, its only 68p a month when all said and done. It is about the fact it is not what I signed up for and not what they advised in writing when I took the offer. If they say something is going to be X.XX then that is what it should be, not more, not less.

With the exception of Tesco no network will promise not to put a tariff up within your minimum contracted term. Most networks have pushed through rises recently and as long as it's below the retail price index it's permissible in the contract.

Will it change, maybe OFCOM (I think) were consulting on it) but that's a few years off yet.

Buzby

No issue with your contract. Read it! Prices are governed by the tariff (which is a separate issue). Investigate the tariff you are on and see if there is an error with this.

Simon7685

There has not been a price rise since the inception of the new contract. The last price rise came before the new contract and was applied to the old contract.

Buzby
I'm not sure what you mean, not having had much experience with contracts before?
I was originally on an 18 month contract which included 100 mins, 100 texts and an unlimited data booster. The new contract is still 18 months, 100 mins, texts and unlimited, everything remained the same except I was told that I was to be charged £16.39 ex VAT, £19.67 inc VAT.

On the bill it just says monthly plan charges £16.96, VAT @ 20% £3.39 Totalling £20.35.

In writing from T Mobile I have that my new monthly plan charge for the new contract will be £19.67 inclusive of VAT.

Incidentally another 24 hours gone by and still no contact from them. I think it is going to be time for an official letter by post.

Oli.s

Does the billed amount match what is taken from your bank? My t mobile contract is £8 and that's what's taken from my bank but the bill is always for £12. The bill doesn't show the discount for some reason, I've looked everywhere bit it's just not on the bill, but they always take the discounted amount from my bank.