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. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Obviously i will bumble about and win millions like Matt Damon in the Rainmaker ;).

    What a fiasco i tell ya.. I signed upto T-Mobile on the 15th of June – only to receive a text message on the 30th of June saying EU roaming charges were going up on the 1st of July.

    Funnily enough they went up on the 29th of June (accord to their own website) so the text message was a tad misleading, to basically try and show that they’ve given you notice when they hadn’t.

    Anyway – knowing my rights under an EU law and their own terms and conditions, i ring to cancel without early termination fee.. For 3 weeks i’m stone walled with ‘It’s classed as additional services so does not apply’ yada yada yada.. They even acknowledge they didn’t give me written notification (sent me a letter in writing) – apologised. Which breaks their own terms and conditions. Plus under Ofcoms general condition 9 and EU directive 2002/22/EC – whether T-Mobile specifies it as an additional service, the law see’s otherwise.

    Anyway – having had enough... I’ve bunged in a submission to small claims court. For the amount i'd of needed to terminate my contract on the date of complaint - and £60 compo for all the emails / calls i've had to make.

    Really annoys me that i have to go this far.. Just recently Orange up’d their min call charge for out of allowance. One 5 minute phone call to retentions – wifes contract is cancelled without early termination fee without a problem.

    It really hacks me off - as all my family live in France and ye i get a bundle to cover me when i'm out their.. But when they up it after 15 days - then when you're given these rights as a consumer and a big company won't honour them.. It really hacks me off.
     
  2. BentAnat

    BentAnat Software Dev

    Joined:
    26 Jun 2008
    Posts:
    7,230
    Likes Received:
    219
    yeah.. .i'd take them to court as well, if they pull that stunt on me.
    Mind - we don't have T-Mobile here, but MTC (NAM service provider - one of two) has so many glitches in their contract, and so many places where they breach contract that i am staying with them merely BECAUSE it should be so easy to get out of a contract should the need arise.
     
  3. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Yeah – to be honest i wouldn’t of taken much issue with it if i was 8 months or so into my contract... But 2 weeks after i signed up.. Just seems wrong..Plus to send you a text message that essentially lies to you to try and show they’ve given you notice, was so blatant.

    I’m glad i’ve got a letter of them saying in writing that they didn’t give me notification in writing – as thats an addition point to argue.. Since they reserve the right in their T&C to terminate a customer’s contract if they violate any condition in the contract... I’d say given no notification of price increases is a pretty big booboo. Since even in their own T&C they state they are required to give you a 'Reasonable amount of written notification’ – which is amusing. As EU law states they’ve got to give you at least 30 days.
     
  4. samkiller42

    samkiller42 For i AM Cheesecake!!

    Joined:
    25 Apr 2006
    Posts:
    6,525
    Likes Received:
    182
    Good luck fella, and give em hell!!
    I must say, i've only ever been on Orange, and to be frank, i will stay on Orange, i've had a pretty much perfect run with them, staff in shops are always friendly and cheefull, hell, when i picked up the Hero i had 4 service reps standing around me looking at the damn phone and asking questions about it, plus, when phoning them up, always spoken to an Englishman.
    Saying all that, T-Mobile should know better, you point out EU terms/cons and laws, and yet, T-Mobile is the primary carrier in Germany, much like Orange is in France, so tbh, i think they've just p**sed on their own fireworks.

    Sam
     
  5. koola

    koola Minimodder

    Joined:
    11 Jul 2004
    Posts:
    2,401
    Likes Received:
    10
    lycamobile - I use these guys with PAYG to make calls to China which only cost 2p/min for either mobile or landline. They also have lots of very cheap rates for European countries too.
     
  6. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    well my claim has been issued to t-mobile.

    they have 14 days from thursday to reply that they intend to defend the case. most likely outcome is that they wont.

    so ill issue a judgement and theyll be forced to pay me. what annoys me most is that it takes all this.
     
  7. AndyDEL

    AndyDEL What's a Dremel?

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

    T-Mobile have acknowledged my small claims court summons..

    So now it goes either of the following ways:

    1) They submit a defence within 28 days - i am required to then respond
    2) They don’t submit a defence – let the 28 days lapse and i file with judgement against them
    3) They try to settle the case with me, offering in part or full amount i have claimed for

    They may take it as far as they can to the point just before a hearing date is set and settle (allot of banks have done this in people taking them to court regarding overdraft charges).

    If they decide to defend it.. Well they best brief someone incredibly well and line up quite a strong defence. Because as i said – i’ve got a letter from them confirming they broke their own T&C by not giving me written notification – apologizing for it – and offering to give me an additional 30 days notice. And since T-Mobile reserve the right to void your contract and claim back all the money if you break any of their T&C such as increase in price – i wouldn’t take a rocket science to see it works the other way around.

    I almost want to goto court over this now
     
  8. steveo_mcg

    steveo_mcg What's a Dremel?

    Joined:
    26 May 2005
    Posts:
    5,841
    Likes Received:
    80
    It'll never go to court, they don't want to set president much like the banks with the charges (though ianal)
     
  9. smc8788

    smc8788 Multimodder

    Joined:
    23 Apr 2009
    Posts:
    5,974
    Likes Received:
    272
    Who?

    Precedent.

    Sorry, I've been in disgruntled GN mode all day after I came across someone that used "wants" instead of "once". They didn't even get a single letter right. Or even the right number of letters for that matter.

    /rant at UK education system.
     
  10. DarkLord7854

    DarkLord7854 What's a Dremel?

    Joined:
    22 Jun 2005
    Posts:
    4,643
    Likes Received:
    121
    Wow how does someone manage that? :jawdrop:
     
  11. Lorquis

    Lorquis lorquisSpamCount++;

    Joined:
    8 Sep 2002
    Posts:
    5,428
    Likes Received:
    106
    By being as thick as swine faecal matter.
     
  12. DarkLord7854

    DarkLord7854 What's a Dremel?

    Joined:
    22 Jun 2005
    Posts:
    4,643
    Likes Received:
    121
    Link plz. lol
     
  13. bixie_62

    bixie_62 Minimodder

    Joined:
    17 Jun 2004
    Posts:
    1,595
    Likes Received:
    10
    i'm intrigued to see where this ends up as it would be a nice way to end my crappy t-mobile contract where i do not get reception ANYWHERE! other people on o2/orange will have signal but nooo, no t-mobile!

    good luck with it dude
     
  14. steveo_mcg

    steveo_mcg What's a Dremel?

    Joined:
    26 May 2005
    Posts:
    5,841
    Likes Received:
    80
    Ok cut me some slack it was bed time... I was tyred :D
     
  15. AndyDEL

    AndyDEL What's a Dremel?

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

    I received a letter from T-Mobiles legal department. Under some rules they can request for information regarding my claim.

    The document requested answers to 6 questions.

    Various ones about my claim – why i think it’s valid – how i came to the calculation of my claim etc.

    One that struck me most was for details of my claim of not receiving written notification of the change. Big plus and very happy i got a letter from T-Mobile complaints department confirming and apologizing for giving me no written notification.

    My personal feeling is this is to gain an idea of
    1) How strong my case is from my point of view
    2) How serious i am about my claim
    3) What evidence i have

    So i’ve sent a very full and detailed response – 10 page document. Covering each question separately.

    Plus i researched the rules for sending a response and formatted the letter accordingly and included a statement of truth.

    Hopefully i’ll hear something more
     
    Last edited: 4 Aug 2009
  16. Krikkit

    Krikkit All glory to the hypnotoad! Super Moderator

    Joined:
    21 Jan 2003
    Posts:
    23,576
    Likes Received:
    410
    Nice work, it sounds like you're handling this very maturely and carefully rather than some folks who would just send back a badly worded, ranting email.
     
  17. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Yeah. Originally i was incredibly annoyed – but i’ve gone passed anger to ‘i wanna get even’. This approach will probably be the only way i can.

    It’ll either show them i’m so serious about this complaint that i’m willing to go all the way and back up my claims with facts.

    Or show that i’ve acted in accordance with all the guidelines so they can’t use that as ammunition in a hearing.

    On another side i want to do this correctly and see what the outcome is because if it does come to court – and i win. I want to write up a big sort of ‘How to’ for anyone else who ever falls into this situation, because most wouldn’t want to goto small claims court.. Just incase they lost the fee or just simply don’t believe they can stand up against a large international company.

    Personally i feel everyone should defend their consumer rights – otherwise we’ll just slowly lose them and companies like T-Mobile will continue to stonewall people in a hope that it’s a small percentage that actually take it further with success.

    Most likely outcome is they will settle within the next 2-3 weeks. If not as soon as they receive my reply.

    But i would take great pleasure in going to court and winning – setting a precedent and getting a judgement against T-Mobile. Which would help other people in the future against any mobile network.
     
  18. pimonserry

    pimonserry sounds like a party.

    Joined:
    20 Dec 2008
    Posts:
    2,113
    Likes Received:
    75
    Good on you, it's about time someone started asking questions about mobile companies 'interesting' business practices :thumb:

    Hope you get a good settlement ;)
     
  19. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Well i’ve claimed a total of £561.90

    You have to be sensible when it comes to what sort of amount you ask or whether you want interest on top of what you claim – as you’ve got to justify that in court. Few guys have claimed upwards of double the cost of cancelation as compensation.. Not wise in my opinion.

    My claim is £561.09

    £501.09 is the amount i’d of had to pay T-Mobile to cancel my contract early from the first day of complaint.

    £30 is a rough amount i’ve spent on phone calls to T-Mobiles 0845 number customer complaints department from my T-Mobile phone – which i’ve online billing to prove.

    £30 is compensation for the time they’ve wasted (I justified it as simply matching the cost of the calls).

    My claim for compensation is incredibly low for hours of wasted phone calls and emails – but i wanted to put myself in the best place possible to win a claim.. Rather than try and claw everything i could out of T-Mobile.

    I’ve paid a £60 fee to small claims court which T-Mobile will have to give me aswell if they settle or lose the case. So total is £621.09 if they wish to settle.

    If they however goto court with this – i can claim expenses / loss of earnings for having to goto the hearing. As i’ll be taking a day’s holiday from work, i can claim a daily rate comparable with my salary and hike it up a bit more because of consultancy invoices i have where i’ve charged £40 an hour.

    If i lose however – i only lose the £60 fee i paid originally. It’s very unlikely i’ll have to pay any T-Mobiles costs – and if i do.. It’s capped at around £200-250. But as i said, VERY unlikely.
     
  20. AndyDEL

    AndyDEL What's a Dremel?

    Joined:
    22 Oct 2005
    Posts:
    482
    Likes Received:
    4
    Well this week is the week.

    I’m still sitting on acknowledged and T-Mobile have until Thursday to submit a defence to my claim or i get judgement against them and they’re forced to pay.

    They’re either delaying as much as possible or are just not going to submit a defence.

    It’s taken over 2 months to get to this point (Since first submitting my complaint), and even though getting judgement would be the best result.. I think i’d feel slightly dissatisfied at the outcome. Rather wishing to get that judgement in court against them.

    So in a way i hope they do submit a defence. Although i’d imagine that even if they did, they’d either settle it before a court date is allocated or just not turn up to court.
     

Share This Page