Issues with buymobilephones.net after leaving T-mobile after their price rise.

arturbdg

I know where the T&C's are. These are upgraded terms only. I would like to see old terms - the ones applicable at the time of me taking the deal through them.

Silk

arturbdg wrote: »

I know where the T&C's are. These are upgraded terms only. I would like to see old terms - the ones applicable at the time of me taking the deal through them.

The link that I posted in October was to the earlier T&C's however it now seems the page has been taken down so unless you kept a copy or still have it in your mailbox you will have to ask them to provide one.

mobilejunkie

arturbdg wrote: »

I have looked up and the T-Mobile contract ended in June with CISAS decision.


As for the contract terms - there is only latest version available and when I took out the deal with buymobiles I was not pointed out to their Terms & Conditions at all. What I have received was T-Mobile terms & conditions and up until now as far as I was concerned I believed my contract was solely with T-Mobile.




So let me get this straight - are you saying that any retailer have a free reign to do whatever they like, regardless of customer complaints??

When you order via a third party - which Buymobiles is - you agree to their t&c which are applicable and on their site at the time. I only ever do cashback contracts - it's standard operating practice for me to copy the relevant t&c at the point of sale. You have two separate contracts; one with T-Mobile and the other with the retailer. If you don't like it, go direct to the network. It may cost you more, but you have the choice.

As for what's in the t&c; they can put whatever they like, provided their are not "unfair". You agree to them when you hit the "confirm" button, whether you're ordering a phone or a bunch of flowers.

arturbdg

I know it is with relation to Network providers but Ofcom ruled that terms & conditions have to be presented at the point of sale. Several court cases had been won by people who were not made aware of terms & conditions at the point of sale - like you buy fixed contract and you get price hike mid term.


Next wouldn't asking to return the cost of phone if the contract was ended due to operator breach of contract constitute an unfair terms & conditions as with those terms if the unlikely event that Network provider goes bust and my contract ends I would still be liable for the cost and this is no fault of mine?


I can understand asking for return of mobile or the cost of one if I choose to end contract early which in similar way network provider ask you to pay the remainder of the contract if you decide to finish early. That is fair I wouldn't even be here if that would be the case.
But the case is that T-Mobile was in breach of contract as the Case was brought up to CISAS and they have made the decision.


This is what I am asking about.


Now put it another way - if I pay up that sum can I still make a complaint to Trade Standards and then ask for them to review the case and ask for refund? That way I wouldn't have to deal with them making scare tactics like network providers did in some cases when people refused to pay and then depending of the regulatory office decision I was either awarded refund or not - does it work the same way?

arturbdg

I will put it this way - it's not about the money. I got awarded more from CISAS for T-Mobile breach of contract. It is about companies forcing people to do things with their scare tactics even if they are in the wrong. It is about enforcing unfair terms.


I am not sure how many people remember T-Mobile/Orange breach of contract case. It all started here. At the beginning everyone doubt the cause and it was due to one person who did research wrote letter templates, contacted regulatory agencies, etc. that they had to agree to their fault. It happened twice - once in 2013 and once this year.
No one actually was willing to accept that they are wrong and did not want to make a stand.


But things progressed and CISAS had started making decisions in favour of people in majority of cases. Those who lost and went to small claims won over there, but if it wouldn't be for one guy stubborn approach many people would loose out.


I am not sure how it is in this case but it seems that those terms are unfair which is actually against the rules set by trading regulations, so I am willing to go through the whole complaints process, etc. to set a precedence as I feel it is important to set things right for other people as well and stop buymobiles abuse of rules.

mobilejunkie

You were presented with the t&c at the point of sale. It's up to you whether or not you chose to look them up, read and print them out. You didn't.

Unfair terms have to be argued in court. You aren't likely to get that far.