T-Mobile


D

Dee

T-Mobile (part of EE along with Orange) have been getting a battering
from customers lately, many of them complaining a breach of contract and
taking their claims to CISAS. As part of their complaint the customers
have requested a PAC and penalty free cancellation of their contracts.

Many of those customers have now been issued with a PAC, but also find a
termination charge on their bill in anticipation that they may use the
code. T-Mobile claim they will refund the charge in the future if the
PAC isn't used.

On a separate issue, there are a number of other T-Mobile customers that
have been overcharged for a variety of reasons, and after waiting months
have still not received refunds.

There doesn't appear to be anything in T-Mobile's terms and conditions
to cover either situation.

So what are the legal issues here? Can a company charge just in case you
use a service, and how legal is this unauthorised borrowing by T-Mobile?
 
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M

Mark

T-Mobile (part of EE along with Orange) have been getting a battering
from customers lately, many of them complaining a breach of contract and
taking their claims to CISAS. As part of their complaint the customers
have requested a PAC and penalty free cancellation of their contracts.

Many of those customers have now been issued with a PAC, but also find a
termination charge on their bill in anticipation that they may use the
code. T-Mobile claim they will refund the charge in the future if the
PAC isn't used.

On a separate issue, there are a number of other T-Mobile customers that
have been overcharged for a variety of reasons, and after waiting months
have still not received refunds.

There doesn't appear to be anything in T-Mobile's terms and conditions
to cover either situation.

So what are the legal issues here? Can a company charge just in case you
use a service, and how legal is this unauthorised borrowing by T-Mobile?
Companies can charge you a fee if you terminate a contract early but
they must have told you in advance that this may happen. If it's not
in their T&Cs then I doubt they have a leg to stand on, legally.

However, IME overcharging is commonplace in the telecomms industry.
For small amounts people often don't bother trying to get their money
back so the companies get away with it more often than not.
 
I

Iain Begg

T-Mobile (part of EE along with Orange) have been getting a battering
from customers lately, many of them complaining a breach of contract and
taking their claims to CISAS. As part of their complaint the customers
have requested a PAC and penalty free cancellation of their contracts.

Many of those customers have now been issued with a PAC, but also find a
termination charge on their bill in anticipation that they may use the
code. T-Mobile claim they will refund the charge in the future if the
PAC isn't used.

On a separate issue, there are a number of other T-Mobile customers that
have been overcharged for a variety of reasons, and after waiting months
have still not received refunds.

There doesn't appear to be anything in T-Mobile's terms and conditions
to cover either situation.

So what are the legal issues here? Can a company charge just in case you
use a service, and how legal is this unauthorised borrowing by T-Mobile?
A couple of years or so ago, OfCom were really hot on communications
companies charging for services that were not being provided. I would
therefore have thought that approaching OfCom first about this
charging.

Another issue that seems to be relevant is charging for the
termination of the contract. This would seem to come under The Unfair
Terms in Consumer Contracts Regulations 1999
http://www.legislation.gov.uk/uksi/1999/2083/contents/made

Under Schedule 2, Indicative and Non-Exhaustive List of Terms which
may be regarded as Unfair, 1 (o) is probably relevant:
obliging the consumer to fulfil all his obligations where the seller
or supplier does not perform his
http://www.legislation.gov.uk/uksi/1999/2083/schedule/2/made

IANAL
 
D

Dee

Companies can charge you a fee if you terminate a contract early but
they must have told you in advance that this may happen. If it's not
in their T&Cs then I doubt they have a leg to stand on, legally.

However, IME overcharging is commonplace in the telecomms industry.
For small amounts people often don't bother trying to get their money
back so the companies get away with it more often than not.
The issue here is that they are charging on the *possibility* that the
contract will terminate early. If it is not cancelled then the customer
has the problem of recovering the money.
 
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Z

zaax

A couple of years or so ago, OfCom were really hot on communications
companies charging for services that were not being provided. I would
therefore have thought that approaching OfCom first about this
charging.

Another issue that seems to be relevant is charging for the
termination of the contract. This would seem to come under The Unfair
Terms in Consumer Contracts Regulations 1999
http://www.legislation.gov.uk/uksi/1999/2083/contents/made

Under Schedule 2, Indicative and Non-Exhaustive List of Terms which
may be regarded as Unfair, 1 (o) is probably relevant:
obliging the consumer to fulfil all his obligations where the seller
or supplier does not perform his
http://www.legislation.gov.uk/uksi/1999/2083/schedule/2/made
Most TOC's are just Del's Boys and in it for the con. Why should they
get another radio frequency when they can't manage the ones that they
already have.
 

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