T-Mobile Contract Issues

Bunford

I'm desperate to cancel my contract with T-Mobile.

I upgraded last September (2007). However, I went into the store to upgrade and asked for a K810i. The agent told me the 'K' series phones were rubbish and pressurised me into a W880i. It felt like he had a quota of W880i's to meet or had a batch to get rid of. I hated this phone but got bogged down so much that I ended up taking it.

3 days later I took it back and said it was not what I wanted at all in a phone. The guy basically said "tough, you're stuck with it". I rung T-Mobile about 8 days after I upgraded and explained. They told me that I had a 7 day cooling off period and should have been allowed to change it when I took it back. After 10 days, I took it back again and quoted what the person on the phone said. The agents, again, said that I was stuck with the phone.

Since about 4 weeks after I got the phone it has developed a load of faults. It now turns itself off 5 or so times a day even with full battery, cuts calls randomly and goes back to menu screen, signal disappears for anywhere from 5 minutes to 2 days randomly, sometimes it won't let me call out as it just beeps and goes back to menu screen when i dial someone and the latest fault is that if someone tries to ring me from a landline or mobile, it often diverts them straight to answerpohone due to 'no service' even though I apparently have full singal.

I'm sick of this and have said I don't want the phone from day one. I recently sent T-Mobile an e-mail to complain. It took them 60 hours to respond, not the 24 hours quoted on their website. The reply basically said that the agent should not have pressurised me into a phone i didn't want and certainly shouldn't have told me the phone i wanted was rubbish. It also stated that the agent should have explained to me before hand that I would not be able to return the phone and that I did not have a cooling off period, which they admit didn't happen.

T-Mobile's solution was to say that they do not have the ability to change the phone and referred me to the Sony Ericsson warranty. However, they admitted fault through offering me a refund on my next bill of the line rental amount.

As they seem to be admitting it is their fault do I have grounds to cancel the contract due to their breach?

Grateful if someone in the know could advice.

Phil.Thomson

Before trying to cancel a contract on the other party's breach of said contract I would check whether they "admitted guilt" or have "without prejudice given you as a gesture of goodwill" ... totally different.

lawbunny

Offering you some credit on your next bill is not an admission of guilt. It is a "goodwill gesture", as they call it, to show that they appreciate you have been inconvenienced by the faulty handset and so they wish to try to appease you by giving you some credit.

However, T-Mobile policy is that if you have purchased the handset direct from T-Mobile (ie a T-Mobile store or telesales) then their internal repairs dept will send the phone away for repair for you, so call back up and don't let them fob you off to the manufacturer - they bear the responsibilty to send the phone off for repair.