Breach of contract

Last post Sat, Feb 18 2012, 12:34 PM by NYCSavage. 3 replies.
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  •  Sat, Feb 18 2012, 12:34 PM

    Re: Breach of contract

    Wow! Decided to call T-Mobile one last time for an update and they have agreed to honour the contract! Asked me if we could transfer the tariff 29th Feb just to stop any fees being added to my account for change of tariff....hang on, it wasnt my plan to change tariff?!?!? I wanted the one I signed up to!

    Anyway, alls well that ends well....hopefully
    • Post Points: 5
  •  Sat, Feb 18 2012, 11:51 AM

    Re: Breach of contract

    The CEO of T-Mobile has an Orange email address?
    • Post Points: 5
  •  Sat, Feb 18 2012, 10:06 AM

    Re: Breach of contract

    Suggest that you email this long story to the CEO of T-Mobile, asking for help to restore your sanity.


    I think contacting the CEO or their head office is the only way you are going to resolve this. These telecommunications companies can be too big for their own good. They are just machines to earn money, with not much thought for the customer.

    • Post Points: 20
  •  Sat, Feb 18 2012, 9:52 AM

    Breach of contract

    Sorry for the long post but here goes:

    I have had 2 mobile phones on the T-Mobile business one tariff. I have had the contract 6 months.

    2 weeks ago I decided to take a 3rd handset for a member of staff but made clear to T-Mobile that I did not want to be adding this new contract onto my shared bundle. The lady on the phone actually said "I don't know if we can do that just let me check" She came back to me and said its not normal but she would do it. I did explain to her that under no circumstances could this new handset be included on my shared package as the owner would be a heavy user taking me well over my allowance every month. I had to pop down to my local store to sign a contract and pick the handset up. It would cost me £29.99 to go on the £36 a month Full Monty package.

    I got there and the staff was extremely helpful. When it came time to pay they asked for £99.99! I told them the offer that I had agreed to. They explained that the £29.99 price was only for the £41 a month Full Monty. Alarm bells should have started ringing at this point. The store called the operator that I had spoke to but she had since finished for the day. I needed to get back to my business so agreed to the £41 package.

    I signed up and left the store. I gave the contract to my accountant and left it at that. A week later I checked my online account to see what the first bill would be for the new handset and when it was to be taken from my account. I noticed the new handset was connected to my One tariff. I called business support who basically said I couldn't have the Full Monty package as I have a One contract. I explained that I have a signed contract showing the Full Monty as my tariff and they asked to see a copy! I asked how T-Mobile would not have a copy and they said that only the store keeps copies. I couldn't show them my copy as my accountant was now on holiday. They said I needed to contact my store who would get me a copy. I called my store who said they couldn't fax me a copy as I couldn't pass a visible ID check. I called business support back who said that I would have to go in store and get a copy. I tried explaining that I had no staff in and was manning the front desk by myself for the next 2 months (true story!) and they basically said I would have to wait till my accountant got back.

    I managed to get my wife to drive up from Liverpool (62 mile one way trip) to man the front desk whilst I popped into the store to get a copy of my contract. Unfortunately, the store is in an area with no free parking (£3 for up to 2 hours)

    I got there and the store assistant was confused to why I had to come in store! He called business support and was having a slanging match with them trying to find out why I was there, he then started arguing with them about who's contract I was with, business support or the store! Both trying to pass me off to the other. Eventually, he was told a business support manager would call me within two hours.

    One hour later, the store assistant calls me saying that management had called him and told him to pass this message on:

    "I have some good news and bad news, the bad news is that you cannot have the Full Monty package, but the good news is that you can have the iPhone 4S for the same price instead of the £100 that it should be." Bless him, he actually thought he was doing me a favour!

    I asked him to get management to call me instead as I need to speak them as I didn't agree to their terms. He said he would.

    2 days later still no call so I called business support, I explained the situation and the operator said "I'm sorry but we cannot offer you the Full Monty tariff" I told him I had heard all that but needed this situation resolving as soon as possible, he asked me to fax over a copy of my contract........I explained why I couldn't.........he asked me to pop into store to get a copy of it.........I explained that I didn't have to as he could call the store and get a copy himself...........he asked if I could wait for a call back whilst he investigated............I agreed.

    Whilst waiting, I called the store and tried asking for a copy of my contract, the poor bloke couldn't help me and I have to be honest, I lost my temper on him, told him that T-Mobile was in breach of our contract so the contract was now null and void, he said he understood and if I returned the equipment then he would cancel the contract. I was very angry and not thinking straight and actually told him that I wouldn't be returning the equipment, he tried telling me it was in the T&C's. I asked him what T&C's and he said the ones in the contract, I explained that they had breached the contract and so the T&C's were irrelevant. Poor bloke was like a robot that was stuck in a loop "but I cant take the contract off if you dont return the equipment" "but I don't need to return the equipment as you breached the contract" "but your going to be billed until you return it" "but I wont be billed as we have no contract" "but I cant take the contract off if you dont return the equipment" and on and on this went! I did apologise to him for losing my temper and asked him to get business support to call me back and he said he would. He closed with a joke saying that I was "making him go grey" to which I replied "and your making me bald!" We laughed and ended the call.

    72 hours later and still no contact from business support so I called them back. "Yes you was speaking to Derek, he has left a note to say he was investigating and he would call you back soon."

    It has now been 48 hours and still no contact. Am I within my rights to cancel all 3 contracts with them as I have totally lost confidence in their service. I understand that they breached the new contract, but by adding the new contract to my One tariff then they have changed the service without my authorisation nor did they give me 30 days notice of the change of contract.

    I also checked my T&C's and nowhere on the online version does it mention returning of equipment (except the sim card)

    I spoke to trading standards that said technically, I wouldn't have to return the equipment, but as its a trade contract then I would have to really read the T&C's as they are generally different to a consumer contract.

    Does anyone have any advice? Thank you for reading this.
    • Post Points: 20