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t_mobile cancel ignored because of unused pak number

2

Comments

  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Ernisius wrote: »
    I accept you should always read everything but who does.?

    If you choose not to read their messages, you must accept the consequences.
  • pmduk wrote: »
    If you choose not to read their messages, you must accept the consequences.

    Did you read mine ?
    Where is my £50,000 please.
    I posted your "message" on a wall.
    :rotfl:
    I do Contracts, all day every day.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    Ernisius wrote: »
    Why does their text message, override my cancellation request.?
    It's not the "text" that overrides it, rather the request for PAC.


    They are obliged to supply a code so that you can transfer your number to another network. The contract would have ceased when the new network actioned the code.
    As the code wasn't used they have to leave the contract open in case you want to try again otherwise as has been pointed out, you would lose your number.


    Requesting a PAC and cancelling a contract are two different things, the only thing that connects them is that using a PAC will cancel the contract.
    It's not just about the money
  • Silk wrote: »
    It's not the "text" that overrides it, rather the request for PAC.

    Requesting a PAC and cancelling a contract are two different things, the only thing that connects them is that using a PAC will cancel the contract.

    This is fine as long as you know, it is obvious that if you don't use the pac you will lose the number.
    It is not obvious that not using it gives them the right to ignore the cancellation.

    So if I ignore their smallprint I am penalized, but they can ignore my specific cancellation request with impunity. Seems like different rules for them and me.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    Ernisius wrote: »
    So if I ignore their smallprint I am penalized, but they can ignore my specific cancellation request with impunity. Seems like different rules for them and me.
    First of all I don't make the rules I'm only tying to explain the situation so you understand it.


    As explained the PAC request overrides the cancellation request that you first asked for. This clearly wasn't explained at the time, however it was explained in the confirmation, which covers them as far as the law is concerned.
    Had you not received confirmation it may be a different matter.


    Had you truly insisted on keeping your number and lost it due to PAC complications you would have lost it after 30 days had it not been kept open
    It's not just about the money
  • d123
    d123 Posts: 8,747 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Ernisius wrote: »
    This is fine as long as you know, it is obvious that if you don't use the pac you will lose the number.
    It is not obvious that not using it gives them the right to ignore the cancellation.

    So if I ignore their smallprint I am penalized, but they can ignore my specific cancellation request with impunity. Seems like different rules for them and me.

    They are not ignoring the cancellation, by asking them for the PAC you are withdrawing your cancellation request.

    The conversation is "I want to cancel" they say "do you want to keep your number" if you answer "No", the cancellation starts ticking, if you answer "Yes" the cancellation is not actioned, the PAC request is done in its place.

    If you agree to a PAC you are not giving your notice.
    ====
  • Ernisius wrote: »
    I accept you should always read everything but who does.?

    Why does their text message, override my cancellation request.?

    I will go to the regulator because they should have highlighted this important fact and not just relied on a text message.

    To add insult to injury, the tariff change from 10 to 25 pounds because of discounts on the original tariff. Although to buy a similar plan from them now costs only 12.99 ( sim only)

    You can't "go to the regulator" until you've gone through the network's complaints proceedure (or after 8 weeks from then if they don't deal with the complaint satisfactorily). In either case, you'll be wasting your time. Unless the network is extremely generous and does something as a gesture of goodwill, you won't get anywhere.
  • Herongull
    Herongull Posts: 1,356 Forumite
    Eighth Anniversary Combo Breaker
    MarktheShark is quite right. Phone contracts are governed by the law of contract (as you might expect). In the contract there will be something that tells you how to cancel.

    If your contract says that in order to cancel you MUST

    1/ give notice AND not request a PAC

    OR

    2/ give notuce AND request a PAC AND use it.

    Then you haven't got a leg to stand one.

    If the contract says that you just have to give notice and you have given the notice as per the contract, then the contract ends. No ifs No buts. This is the law.

    Of course phone companies say that if you don't use the pac, they will not end the contract because they are worried that you might be upset about losing your number, but they do not have discretion in this matter. The contract ends after the notice period and they cannot prevent it.

    We all know that they only have your best interests at heart, but they have to comply with the law.

    So check the T&C in your contract, follow the internal dispute procedure and then take it to the ombudsman.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 September 2014 at 1:14PM
    How this has to be done correctly by the companies in practice is that they give you PAC only on the condition that you cancel the earlier notice (or don't give the notice at all).

    This can be done very easily. It's pretty obvious that the companies just keep preying on the customers that fail to use the PAC and don't have the guts to complain and claim money back.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    Herongull wrote: »
    MarktheShark is quite right. Phone contracts are governed by the law of contract (as you might expect). In the contract there will be something that tells you how to cancel.

    If your contract says that in order to cancel you MUST

    1/ give notice AND not request a PAC

    OR

    2/ give notuce AND request a PAC AND use it.

    Then you haven't got a leg to stand one.


    If the contract says that you just have to give notice and you have given the notice as per the contract, then the contract ends. No ifs No buts. This is the law.
    You are confusing two different aspects of the contract here.
    As far as cancellation goes all it will say is to give 30 days notice and may give a method of contact of how to give notice.


    The transporting of number is a separate issue and guidelines are provided to all networks how to comply with this are clear.


    21 The customer’s request to the DSP for an authorisation to port should normally be taken to revoke any previous notice to terminate service unless the customer requests the previous notice to stand and the DSP can accommodate this request. On issuing a PAC, the DSP must inform the customer: 

    if any previous termination has been revoked, and any current or pending termination actions are being cancelled; 


    if the account will continue and any notice to terminate will be lost if the PAC is not used within its 30 day validity; 


    if the account will terminate before the 30 day validity of the PAC expires as a result of the customer requesting the previous notice to remain in effect, and on which date it will terminate;

    which date will be used for the purposes of calculating any outstanding subscription charges under the contract.


    http://www.mnposg.org.uk/Main_Documents/MNP2%20Manual%20issue%201-27.pdf


    Providing the above criteria has been met it is within the law.







    It's not just about the money
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