1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Rant Taking T-Mobile to Court

Discussion in 'General' started by AndyDEL, 27 Jul 2009.

  1. PQuiff

    PQuiff What's a Dremel?

    Joined:
    7 Sep 2001
    Posts:
    557
    Likes Received:
    4
    Good Luck....well i say that..but i dont think T-Mobile have a leg to stand on..

    Keep us updated
     
  2. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    So just to keep this updated.

    Spoke to someone at small claims to get a firm date i can apply for judgement.

    Will be Tuesday 1st September

    Basically they have until tomorrow to enter a defence.. I’m still sitting on acknowledged.

    If they haven’t.. First thing Tuesday i am able to apply for default Judgement. Which will take up 24 hours, if they however receive a defence on that day it’ll still be entered and i won’t get default judgement. If not, i will be awarded judgement and a letter from the court goes out to T-Mobile telling them to pay per my instructions.

    They can however if i get default judgement, apply for the judgement to be set aside. They will however need a good reason for this, ie: Why did they acknowledge the claim within 3 days and not submit a defence in a timely manner.. And have to prove to a judge that they can convincingly win the case. Otherwise the judgement will stand or a hearing will be arranged.

    I’m in two minds.

    Either -

    They aren’t going to submit a defence

    They’re waiting to the very last day to submit one to drag it out
     
  3. C-Sniper

    C-Sniper Stop Trolling this space Ądmins!

    Joined:
    17 Jun 2007
    Posts:
    3,028
    Likes Received:
    126
    That is your answer.

    Most corporate policies include if they are fighting an individual to draw it out in order to increase costs and hope to have the case dropped/settled. however since this is small claims then you are in the clear with regards to the cost aspect.
     
  4. outlawaol

    outlawaol Geeked since 1982

    Joined:
    18 Jul 2007
    Posts:
    1,935
    Likes Received:
    65
    Stupid T-Mobile. Clearly they are not concerned about their reputation. I mean, will this debacle make anyone that has read this want to actually use them? Large corporations think that the mere presence of population is going to keep their 'stock' of customers coming. But like any smart person would realize is that this stuff spreads like wild fire, and for every one bad experience it just keeps multiplying into more and more people hearing about it. I work in customer service and see it on a daily basis. Customers do make or break companies.

    I'm really glad your fighting this, makes them be accountable for their actions. :)

    I wont be bothering with T-Mobile in the near future, that's for sure! :)
     
  5. Elton

    Elton Officially a Whisky Nerd

    Joined:
    23 Jan 2009
    Posts:
    8,577
    Likes Received:
    196
    ^ Too true, a reputation is the most important thing for any business. I mean look at those shifty LCD panel manufactuerers...
     
  6. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    UPDATE:

    I've recieved a defence.. on the last day lol.. Cheecky *******s.

    It's all the general jargin.. Saying EU Directive does not apply etc. That's it's on our court to prove why it does...

    They event admitted in the defence that they violated their own T&C regarding notice, but because they offered to give me an additional months notice.. Then it shouldn't count.. Which i think is ridiculas.

    I shall ring them later to discuss settlement like they asked, but i will only settle under the condition the contract is cancelled on there end.. And forget about any money i've lost since having the contract.

    I'll update in the afternoon with how that discussion goes.

    Looks like this is all going ahead.
     
    Last edited: 28 Aug 2009
  7. Shuriken

    Shuriken same christmas AV for a whole year

    Joined:
    1 Jan 2003
    Posts:
    1,312
    Likes Received:
    22
    Hope it all goes in your favour (I'm pretty sure it will). It seems T-Mobile have forgotten the age old rule: While customers may tell a couple of people about a good experience, they'll tell everyone about a bad one...
     
  8. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    I should imagine i'd win.

    In every point they've tried to give a reason in their defence to why my claim does not count..

    Yet in the case of the EU Directive or unfair contractual terms.. They just said it doesn't and that it's for us to prove that it does.. So they obviously can't provide any reason to why it shouldn't stand.

    Plus to admite that they violated their own T&C regarding notification, and then to suggest that because they offered me an additional month then it shouldn't count.. Is silly..

    As in their own T&C, they state if anyone violates one of their T&Cs.. They can cancel there contract and ask for all the money from the remaining contract... Seems they want it all their way..

    I'm never going near T-Mobile again.. and 3 of my friends have cancelled their contracts due to my case and moved to Orange or Vodaphone. Just find it silly, what is the point of being given consumer rights if a company doesn't want to follow them.

    They probabley think i'll withdraw my claim and bow out.. Not.. gonna.. happen..
     
  9. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Ok.

    Having spoken to the legal department.

    They have rejected my offer of settlement verbally.

    They did however ask for it to be put in writing to them, for records. Which i’ve refused to do, on the basis it’ll just get refused anyway so let’s just goto court and get this matter resolved.

    So.. Looks as tho this is going all the way.
     
  10. Krazeh

    Krazeh Minimodder

    Joined:
    12 Aug 2003
    Posts:
    2,124
    Likes Received:
    56
    To be honest I'd put it in writing regardless of whether or not you think it'll get refused, it's one more thing you can point at as an attempt to resolve the matter out of court.
     
  11. PQuiff

    PQuiff What's a Dremel?

    Joined:
    7 Sep 2001
    Posts:
    557
    Likes Received:
    4
    hehehehe...Stick it to em!

    what a complete bunch of twats, i hope you take them to the cleaners. I just wish there was a way you could up you claim for more mental anguish and time wasted
     
  12. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Had my allocation questionnaire through.

    Has been assigned to my local court (nice 1-2 miles down the road).

    They could ask it to be assigned to them, unlikely tho as they'd need a good reason.. And they havent got one since it's a company, so automatically assigned to my court.

    Fill that in tonight, send off tomorrow. (has to be in by 14th of September - i'd imagine T-Mobile will delay putting that in till last moment aswell).

    As for putting an offer in writing - i don't wanna do that as it's more complicated than just writing a letter.. Have to follow guideline, i figure now they know where my breaking point is. If so they can make me an offer if they want to. But to be honest, the more i prepare my case the more confident i am that i'll win.
     
  13. Bauul

    Bauul Sir Bongaminge

    Joined:
    7 Apr 2007
    Posts:
    2,173
    Likes Received:
    38
    Good luck with it all. T-Mobile are struggling at the moment so they're going to be more likely to avoid costs and screw customers as much as possible.

    Did you get a phone with the contract? Would you return the phone as part of the cancalled contract? Because if not, obviously T-Mobile are currently out of pocket so will be very, very keen to get the money back. If there wasn't a handset invovled, they're not in the red so possibly won't mount as large a defense.
     
  14. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    There was a phone involved yeah – but the contract was purchased through a third party. Who only had a 7 day return policy. So was unable to return it.

    They may defend it.. I may lose spectacularly.. But to be honest, it’ll of still be worth it just to exercise my rights as a consumer. I suppose it is only when a large company see’s mutable cases brought against them for the same thing will they realize that it’s easier settling when a customer complains than letting it go this far.
     
  15. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    UPDATE:

    Well i waited till the last day (Today) to submit the allocation questionnaire to the court.

    Mainly as i knew T-Mobile would submit near the last day and i’d be able to review what they’ve written for the case.

    So the good news..

    Basically they haven’t requested a change of venue, so it’s definitely going to be in my local court..

    Now for the bad news..

    They’ve requested that the court execute their ‘Case management powers’ and essentially throw out the case before a court date can be set.

    On the grounds that i have misunderstood the terms and conditions and that i have actually suffered no loss (i’m taking them to court for the termination fee, not for a termination fee i’ve paid and now am trying to claim back).. Not sure what legal standing that has, particularly as they’ve already acknowledged that it is my responsibility to prove the EU legislation is relevant. Also what is someone to do if they can’t afford the £500+ to cancel their contract early, then goto court..

    Another odd thing is on the form you can book certain periods where a witness is unable to attend.. They’ve stated however they do not require a witness.. Yet have also stated they’re unable to attend for the majority of October and December... Nice.. Not entirely sure how that one works.

    On the plus side – i have address these points myself on the comments section referring back to their original defence.

    So i’m off at lunch to submit, i would presume to hear something this week or early next week regarding their requests.

    Then see what other rabbit T-mobile wanna pull out of the bag to try and avoid court.
     
    Last edited: 14 Sep 2009
  16. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Another small update to help people ever wishing to go this route.

    I went into the court house and handed in the allocation questionnaire, then asked what happens next.

    Judge will review it, this will take anywhere upto 2 weeks. Normally within a week, more if they’re busy. To come to a decision. Four things can happen.

    - Judge will decide whether it needs to be assigned to a different track than small claims (very unlikely with my case - plus myself of T-Mobile agreed on the form it should be assigned to small claims)

    - Judge will send instructions out to either myself or T-Mobile, or both. This can be like questions or evidence details.

    - Judge will list the case and assign a date for the case to be argued in court.

    Or...

    - The judge could choose to not accept the case, because it holds no grounds.

    So just to wait now.
     
    Stompy likes this.
  17. Stompy

    Stompy What's a Dremel?

    Joined:
    16 Aug 2004
    Posts:
    1,112
    Likes Received:
    3
    Good luck, and good on you for not backing down!
     
  18. DXR_13KE

    DXR_13KE BananaModder

    Joined:
    14 Sep 2005
    Posts:
    9,139
    Likes Received:
    382
    Good luck.
     
  19. Guest-2867

    Guest-2867 Guest

    Update?
     
  20. PQuiff

    PQuiff What's a Dremel?

    Joined:
    7 Sep 2001
    Posts:
    557
    Likes Received:
    4
    LOL...welcome to british legal justice.

    Bet the judge has just got his cornflakes on the go.
     

Share This Page