Could this be considered a breach of contract?

Simon7685

No the amount on the bill is the amount they take via DD - £20.35 but it is supposed to be £19.67.

Simon7685

Well as of yesterday I had still not heard from T Mobile, which left it at 9 days since I contacted them with full details of the query. So I started digging around and eventually managed to find an email address for complaints (it took around an hour). So I composed a complaint and forwarded it to them together with a transcript from when I upgraded.

I logged on this morning to check my emails and there was notification of a new PM on Facebook. Perhaps a little to coincidental to me, Friday a compalint is fired off and Saturday morning they manage to respond???

Anyhow I have looked at this and they have said that the person I upgraded with had made a mistake with the VAT in his calculations. However they are prepared to stand by what he promised. - Not sure they have a lot of choice really?

So they have proposed a way forward as follows;

A one time credit onto my account for £12.24 this being the 68p a month overcharge multiplied by the length of the contract, 18 months. This would leave me paying the current amount of £20.35 a month. Ideally I would have preferred to have the monthly bill reduced to £19.67 and a credit for the 3 months already overcharged. Just for no other reason than when I upgraded the main target was to get my monthly charges under £20 and every time I see it going out my account it bugs me that it isn't. A bit strange I know but that's me!

So I would be interested to know what some of you who know more than me on this think? Do I take the money and carry on paying £20.35, should I push to get the monthly charge reduced (which amounts to the same either way) or can I be really cheeky and try to get a bit more out of them as well, maybe a bit greedy though.

Answers on a postcard please:D

hairybarsteward

Hi there. I have a similar problem. I took out a contract with Tesco Mobile in store on 08/07/13, the salesman informed me that there would be a £250 refundable deposit taken that day which would be put back in my bank account after 3 months, I queried this and was assured that in 12 weeks the money would be back in my account. tesco are now informing me that the money wont be refunded until 05/11/13 and that they are not guilty of mis selling or misrepresentation and that if I cancel I will be subject to early termination fees. I was offered a paltry £3.25 in compensation as a gesture of goodwill. I feel that I have been totally misled by Tesco and that they have acted unlawfully in this instance. How do I stand on this or does the big business get to shaft the customer yet again?
Cheers for any help or thoughts on this.
James.

Llyllyll

What's the reason for deposit? Where is it stated in the contract and what are the terms of the return of said deposit? You need to find those details out first IMO...

hairybarsteward wrote: »

Hi there. I have a similar problem. I took out a contract with Tesco Mobile in store on 08/07/13, the salesman informed me that there would be a £250 refundable deposit taken that day which would be put back in my bank account after 3 months, I queried this and was assured that in 12 weeks the money would be back in my account. tesco are now informing me that the money wont be refunded until 05/11/13 and that they are not guilty of mis selling or misrepresentation and that if I cancel I will be subject to early termination fees. I was offered a paltry £3.25 in compensation as a gesture of goodwill. I feel that I have been totally misled by Tesco and that they have acted unlawfully in this instance. How do I stand on this or does the big business get to shaft the customer yet again?
Cheers for any help or thoughts on this.
James.

hairybarsteward

SAlesman stated several times that deposit was because phone was a Samsung Galaxy 4 and would be refunded in 3 months. I don't particularly want to end the contract other than I was lied to in order to make the sale so if Tesco are prepared to do that to their customers then what else are they prepared to do? During the outage last week when I could not send texts, make or receive calls and had no data access Tesco ensured that their bill payment text got through ok. I just want advice as to whether this is legal or if I have a case against Tesco.
Cheers,
James.

redux

Simon7685 wrote: »

So they have proposed a way forward as follows;

A one time credit onto my account for £12.24 this being the 68p a month overcharge multiplied by the length of the contract, 18 months. This would leave me paying the current amount of £20.35 a month. Ideally I would have preferred to have the monthly bill reduced to £19.67 and a credit for the 3 months already overcharged. Just for no other reason than when I upgraded the main target was to get my monthly charges under £20 and every time I see it going out my account it bugs me that it isn't. A bit strange I know but that's me!

So I would be interested to know what some of you who know more than me on this think? Do I take the money and carry on paying £20.35, should I push to get the monthly charge reduced (which amounts to the same either way) or can I be really cheeky and try to get a bit more out of them as well, maybe a bit greedy though.

Answers on a postcard please:D

If your payment is by direct debit, then the next payment collected from you will be 20.35 - 12.24, then you'll be paying the 20.35 onwards from there.

So although the monthly amount hasn't reduced as you'd like, this is actually better as you'll have the effect of the saving earlier, 12.24 straight away, then still with 11.56 more in the bank the following month, 10.88, 10.20, etc

I'd accept it that way, with a hint they might add a bit more as goodwill for your trouble to sort it out.

50Twuncle

Simon7685 wrote: »

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

see this thread - started by myself almost 6 months ago (with almost 100,000 views) https://forums.moneysavingexpert.com/discussion/comment/63430430#Comment_63430430
and decide for yourself whether you are alone .....

Simon7685

Interesting thread, never thought I would be alone though. Anyway I have offered to accept the one off payment from them and cheekily asked if there will be a goodwill gesture from them after all the hassle. I won't hold my breath mind...............