Belligerent T-Mobile / Everything Everywhere

High Lander · 08-02-2013, 12:25

Hi all

I've had 3 T-Mobile contracts in my life. 1995 - 1999, 1999 - 2012, and 2001 - 2012. I've given them thousands of pounds worth of business, and now they're taking me to court.

It all went wrong when I bought a 24 month contract for an LG Optimus Black. This phone was never right - in fact it is by far the worse phone I've ever owned. T-Mobile coverage is pretty rubbish in the Highlands, and whenever this phone lost signal, which it did frequently, I had to reboot the phone to get network again. I sent it for repair and was told that I had rooted my phone and so they were refusing to repair it. I have never rooted my phone. I do not have root access and have only ever downloaded software from Google Play. I found an app which does a report on your phone to confirm root status - sure enough it confirmed my phone wasn't rooted.

When I disputed it, I was told I'd have to send the phone away to an independent repair centre for a report to prove it hadn't been rooted. I was pretty disappointed with their attitude. I really couldn't be bothered, so I just put up with the crap phone on the crap network and having to reboot the phone every time I needed to use it.

Then, last autumn, the phone became more broken. It would crash and need the battery removed to reboot it to make it work. I ended up having to do this 3 times a day. Then it failed completely.

So I went back to my local T-Mobile branch to explain the situation They kind of shrugged. Seems all they do is sell stuff, customer support comes in a distant second. So I was offered a telephone since mine didn't work to talk to customer services. I spoke to people in the Phillipines for over an hour. They had a pretty poor grasp of english. Eventually I got through to a supervisor who told me that I was "not allowed to dispute the case". Shortly after that they hung up on me.

I lost patience at this point. I handed the phone, charger and SIM along with a note of my phone number and the report which confirmed my phone wasn't rooted to the confused looking sales assistant . I informed him that T-Mobile were in breach of contract, that I was returning their equipment, and that I would cancel any further payments to them.

Despite written explanations they are now threatening to take me to court for £81. I'm tempted to pay it just to get them off my back, but then I think why should I? Why should I let myself be pushed around like this?

I can't afford representation, so if this goes to court it will be me up against a global telecommunications giant - and ultimately it's a case of my word against theirs. If I lose then my credit rating will take a hit. It's all a bit stressful.

Any advice would be really appreciated.

hotmat3k · 08-02-2013, 12:36

Quote:

Originally Posted by High Lander

Despite written explanations they are now threatening to take me to court for £81. I'm tempted to pay it just to get them off my back, but then I think why should I? Why should I let myself be pushed around like this?

I can't afford representation, so if this goes to court it will be me up against a global telecommunications giant - and ultimately it's a case of my word against theirs. If I lose then my credit rating will take a hit. It's all a bit stressful.

Any advice would be really appreciated.

I don't have very much knowledge on law, but is it really worth the effort? I'd pay the £81 and send a recorded letter explaining everything to the CEO of the company. Not worth affecting your credit rating for something so small. Just move to another mobile company.

One other thing on my mind - surely it'll only go as far as the small claims court because of how small the claim is? Someone else surely will answer this.

High Lander · 08-02-2013, 12:58

I'm quite a principled individual. I always pay my bills. Being principled is a two edged sword, and I refuse to be ripped off by some massive faceless corporation.

DevonBloke · 08-02-2013, 13:23

Send a well written but short and polite email explianing the situation to correspondence@ee.co.uk

It's no good going to a shop or calling regular CS. This email will go to high level CS. It may take them a while to reply. Mine took a week last time but the issue was resolved.

You can also email the CEO, Olaf Swantee but I'm not typing that email here. Its not hard to work out though.
Having said that, the email will probably go to the same place.

Scotty2012 · 08-02-2013, 13:32

Pay the £81.

interactiv-uk · 08-02-2013, 14:01

Any contract you sign is for the airtime element of the agreement, not the handset.

Even if your handset is damaged, broken for whatever reason you are still liable for the contracted airtime part of the agreement which looks like where the £81 has come from.

This is why networks sell insurance packages. If you handset was stolen you would still be expected to pay the remaining term of the contract. Thats just the way it is and what you agreed to at the point of signing up.

High Lander · 08-02-2013, 14:16

The contract was for 24 months and the warranty was also for 24 months. The handset and the airtime were bundled together into the contract which was for goods and services.

They refused to fulfil the terms of the agreement and so were in breach of contract. I am an equal party with the provider in that contract, since they were not fulfilling their side of the arrangement I have decided not to pay them any more money.

Stig · 08-02-2013, 14:30

Quote:

Originally Posted by High Lander

I informed him that T-Mobile were in breach of contract, that I was returning their equipment, and that I would cancel any further payments to them.

Quote:

Originally Posted by High Lander

I'm quite a principled individual. I always pay my bills. Being principled is a two edged sword, and I refuse to be ripped off by some massive faceless corporation.

You stopped paying them, they took action. You made a difficult situation more complicated.

I have found T-Mobile support to be pretty good, especially via Twitter.

High Lander · 08-02-2013, 14:35

T-Mobile customer services have been utterly appalling in my experience as detailed in the OP. They wrongly claimed I had rooted my phone, refused to honour the warranty, and when challenged told me I was "not allowed" to dispute the case.

They were in breach of contract which I was why I stopped paying for it. I am quite confident that I'll win this case in the Sheriff court. But thanks for your advice to roll over like a good little consumer, shell out my hard earned money for no return and do what I'm told by corporations

interactiv-uk · 08-02-2013, 15:00

Quote:

Originally Posted by High Lander

The contract was for 24 months and the warranty was also for 24 months. The handset and the airtime were bundled together into the contract which was for goods and services.

They refused to fulfil the terms of the agreement and so were in breach of contract. I am an equal party with the provider in that contract, since they were not fulfilling their side of the arrangement I have decided not to pay them any more money.

From working in the industry i'd read your contract very carefully. Is it a contract for both as stated or is it an Airtime Agreement with Free (or subsidised) handset? If it's an airtime agreement my previous point stands.

Hope it works out for you!

High Lander · 08-02-2013, 16:11

Thanks for the constructive advice. Very useful to know.

Step666 · 08-02-2013, 19:53

Quote:

Originally Posted by High Lander

The contract was for 24 months and the warranty was also for 24 months. The handset and the airtime were bundled together into the contract which was for goods and services.

LG handsets only have a 12 month warranty, the fact it was supplied as part of an agreement for 24 months service doesn't change that unfortunately.

If memory serves, the Supply of Goods and Services Act is very similar to the Sale of Goods Act in that after 6 months, the retailer is not obliged to fix a faulty item unless the fault is proven to have been present at the time the item was sold.

Quote:

Originally Posted by High Lander

They refused to fulfil the terms of the agreement and so were in breach of contract. I am an equal party with the provider in that contract, since they were not fulfilling their side of the arrangement I have decided not to pay them any more money.

Even if they were in breach of contract (and I'm not saying they were), just dumping the stuff in a shop and cancelling the direct debit was not the correct way to go about cancelling your contract.
You can't just stop paying them because you have decided they're in breach of contract, otherwise anyone who wanted out of a contract would do that.

High Lander · 08-02-2013, 20:27

T-Mobile told me I had a 24 month warranty on the handset, but I didn't see this in writing so they could have been talking nonsense.

What if they are in breach of contract, is it normal to continue paying someone if they are not keeping up their end of the deal?

High Lander · 08-02-2013, 20:37

Quote:

Originally Posted by DevonBloke

Send a well written but short and polite email explianing the situation to correspondence@ee.co.uk

It's no good going to a shop or calling regular CS. This email will go to high level CS. It may take them a while to reply. Mine took a week last time but the issue was resolved.

You can also email the CEO, Olaf Swantee but I'm not typing that email here. Its not hard to work out though.
Having said that, the email will probably go to the same place.

Thanks. I've dropped them a line offering to come to some kind of arrangement.

Seems that they've very probably lodged a default with the credit agencies already - which means I'm screwed for 6 years given the current climate. So much for my principles. Not sure if I can make them retract that if I win at court.

DevonBloke · 08-02-2013, 20:54

Quote:

Originally Posted by High Lander

T-Mobile told me I had a 24 month warranty on the handset, but I didn't see this in writing so they could have been talking nonsense.

What if they are in breach of contract, is it normal to continue paying someone if they are not keeping up their end of the deal?

The absolute worst thing you can do is stop paying. This gets their backs right up from the start. To continue paying is to keep the ball in your court. They are the massive corporate company, you are the defenceless consumer or so it would seem. But you have more clout behind you than you think in the UK. This time you've probably done the wrong thing, but for the future, never stop paying, keep calm, stay polite, contact the organ grinder and stand your ground. If you are innocent you will win eventually.

Step666 · 08-02-2013, 21:18

Quote:

Originally Posted by High Lander

T-Mobile told me I had a 24 month warranty on the handset, but I didn't see this in writing so they could have been talking nonsense.

That would be a separate matter then, something you;d need to take up with whoever told you that.

Quote:

Originally Posted by High Lander

What if they are in breach of contract, is it normal to continue paying someone if they are not keeping up their end of the deal?

You would need to deal with someone who has the authority to cancel the contract for you.
The guy in the store who you left the handset with can't do anything.

Quote:

Originally Posted by High Lander

Not sure if I can make them retract that if I win at court.

Not sure.
On one hand I'm inclined to say yes, if you win in court you don't owe them anything, there should be nothing on your credit file that says otherwise. On the other hand, a note saying you stopped paying your direct debit would be factually correct and it could be argued that T-Mobile are within their rights to leave it there as it serves as a fair warning to other companies.

High Lander · 08-02-2013, 21:47

Well, thanks for all your advice - given me a lot of perspective on the whole mess. On credit check it seems all I've got against me is that I'm 3 months in arrears - which isn't great, but could be a lot worse. So, I've paid the balance and set up a direct debit for the rest of it.

I will now lodge a formal complaint with them and work the problem from the inside.

DevonBloke · 08-02-2013, 21:53

Good plan!

The Lord Lucan · 08-02-2013, 22:12

Probably the best idea.

Might be a good idea to sign up with Experian or Equifax (one of them does a 30 day free trial) to see what exactly is going on with your credit file.

DevonBloke · 08-02-2013, 22:45

Experian does the 30 day trial. Really good the amount of info they give you. I ended up paying £15 for a few months I thought it was so good. They send you alerts when your name, address or email is spotted on the Internet somewhere that it shouldn't be. Since my credit rating is 999 I reduced it to a £2 per month email alert service.

High Lander · 08-02-2013, 22:48

Quote:

Originally Posted by DevonBloke

Experian does the 30 day trial. Really good the amount of info they give you. I ended up paying £15 for a few months I thought it was so good. They send you alerts when your name, address or email is spotted on the Internet somewhere that it shouldn't be. Since my credit rating is 999 I reduced it to a £2 per month email alert service.

I'd used Experian previously, so no freebie for me - Equifax gave me the info I needed, account 3 months in arrears like I said upthread.

Aye Up · 08-02-2013, 23:09

Quote:

Originally Posted by interactiv-uk

Any contract you sign is for the airtime element of the agreement, not the handset.

Actually strictly speaking that isn't true, it maybe the case if you buy the phone from an independent like CPw or P4U, however if you buy from the networks and they supply you the phone and airtime together then the whole thing is counted as a contract. I am sure OFCOM and the OFT clarified this matter some time back.

The Separation of the Airtime agreement and the Sales Agreement only applies to transactions where they are legitimately different. You buy your handset from T-Mobile with an airtime agreement they are treated as one the same.

Aye Up · 08-02-2013, 23:12

Quote:

Originally Posted by High Lander

Well, thanks for all your advice - given me a lot of perspective on the whole mess. On credit check it seems all I've got against me is that I'm 3 months in arrears - which isn't great, but could be a lot worse. So, I've paid the balance and set up a direct debit for the rest of it.

I will now lodge a formal complaint with them and work the problem from the inside.

Be firm but polite with them as already mentioned, its such small change to a company of this size they will usually come to a fair compromise. I have seen it in the past where people l;ike you have had problems with their handset and the network customer relations have been very prompt to alleviate the issue. You are doing the right this.

High Lander · 08-02-2013, 23:23

Quote:

Originally Posted by Aye Up

Actually strictly speaking that isn't true, it maybe the case if you buy the phone from an independent like CPw or P4U, however if you buy from the networks and they supply you the phone and airtime together then the whole thing is counted as a contract. I am sure OFCOM and the OFT clarified this matter some time back.

The Separation of the Airtime agreement and the Sales Agreement only applies to transactions where they are legitimately different. You buy your handset from T-Mobile with an airtime agreement they are treated as one the same.

Thanks, Aye Up.

I did reflect on this issue for a while. I wouldn't have bought this contract if the phone wasn't part of the deal. Similarly, I'm sure T-Mobile wouldn't have given me the phone for free if I hadn't bought the contract along with it. Therefore, to all intents and purposes - the goods and the services are one and the same.

Thine Wonk · 09-02-2013, 08:09

Never, ever stop payments as it just kicks off a whole process of loss of service, debt recovery and legal action.

Simply sue them for the value of replacing the phone, but in order to do this you'll have to show that you had gone through with any reasonable requests from T-mobile and have an independent report showing it has never been rooted (not that it isn't rooted now). You'll also need to show where T-mobile have been unreasonable and not kept to their obligations.

The problem when you stop paying is you have now breached your agreement to T-mobile, making any claim potentially harder.

08-02-2013, 12:25	#1
High Lander Forum Member Join Date: Feb 2013 Posts: 10	Belligerent T-Mobile / Everything Everywhere Hi all I've had 3 T-Mobile contracts in my life. 1995 - 1999, 1999 - 2012, and 2001 - 2012. I've given them thousands of pounds worth of business, and now they're taking me to court. It all went wrong when I bought a 24 month contract for an LG Optimus Black. This phone was never right - in fact it is by far the worse phone I've ever owned. T-Mobile coverage is pretty rubbish in the Highlands, and whenever this phone lost signal, which it did frequently, I had to reboot the phone to get network again. I sent it for repair and was told that I had rooted my phone and so they were refusing to repair it. I have never rooted my phone. I do not have root access and have only ever downloaded software from Google Play. I found an app which does a report on your phone to confirm root status - sure enough it confirmed my phone wasn't rooted. When I disputed it, I was told I'd have to send the phone away to an independent repair centre for a report to prove it hadn't been rooted. I was pretty disappointed with their attitude. I really couldn't be bothered, so I just put up with the crap phone on the crap network and having to reboot the phone every time I needed to use it. Then, last autumn, the phone became more broken. It would crash and need the battery removed to reboot it to make it work. I ended up having to do this 3 times a day. Then it failed completely. So I went back to my local T-Mobile branch to explain the situation They kind of shrugged. Seems all they do is sell stuff, customer support comes in a distant second. So I was offered a telephone since mine didn't work to talk to customer services. I spoke to people in the Phillipines for over an hour. They had a pretty poor grasp of english. Eventually I got through to a supervisor who told me that I was "not allowed to dispute the case". Shortly after that they hung up on me. I lost patience at this point. I handed the phone, charger and SIM along with a note of my phone number and the report which confirmed my phone wasn't rooted to the confused looking sales assistant . I informed him that T-Mobile were in breach of contract, that I was returning their equipment, and that I would cancel any further payments to them. Despite written explanations they are now threatening to take me to court for £81. I'm tempted to pay it just to get them off my back, but then I think why should I? Why should I let myself be pushed around like this? I can't afford representation, so if this goes to court it will be me up against a global telecommunications giant - and ultimately it's a case of my word against theirs. If I lose then my credit rating will take a hit. It's all a bit stressful. Any advice would be really appreciated.

08-02-2013, 12:36	#2
hotmat3k Forum Member Join Date: Nov 2002 Posts: 1,367	Quote: Originally Posted by High Lander Despite written explanations they are now threatening to take me to court for £81. I'm tempted to pay it just to get them off my back, but then I think why should I? Why should I let myself be pushed around like this? I can't afford representation, so if this goes to court it will be me up against a global telecommunications giant - and ultimately it's a case of my word against theirs. If I lose then my credit rating will take a hit. It's all a bit stressful. Any advice would be really appreciated. I don't have very much knowledge on law, but is it really worth the effort? I'd pay the £81 and send a recorded letter explaining everything to the CEO of the company. Not worth affecting your credit rating for something so small. Just move to another mobile company. One other thing on my mind - surely it'll only go as far as the small claims court because of how small the claim is? Someone else surely will answer this.

08-02-2013, 12:58	#3
High Lander Forum Member Join Date: Feb 2013 Posts: 10	I'm quite a principled individual. I always pay my bills. Being principled is a two edged sword, and I refuse to be ripped off by some massive faceless corporation.

08-02-2013, 13:23	#4
DevonBloke Forum Member Join Date: Apr 2011 Location: Totnes, Devon Posts: 6,694	Send a well written but short and polite email explianing the situation to correspondence@ee.co.uk It's no good going to a shop or calling regular CS. This email will go to high level CS. It may take them a while to reply. Mine took a week last time but the issue was resolved. You can also email the CEO, Olaf Swantee but I'm not typing that email here. Its not hard to work out though. Having said that, the email will probably go to the same place.

08-02-2013, 13:32	#5
Scotty2012 Inactive Member Join Date: Dec 2009 Posts: 948	Pay the £81.

08-02-2013, 14:01	#6
interactiv-uk Forum Member Join Date: Jan 2007 Posts: 587	Any contract you sign is for the airtime element of the agreement, not the handset. Even if your handset is damaged, broken for whatever reason you are still liable for the contracted airtime part of the agreement which looks like where the £81 has come from. This is why networks sell insurance packages. If you handset was stolen you would still be expected to pay the remaining term of the contract. Thats just the way it is and what you agreed to at the point of signing up.

08-02-2013, 14:16	#7
High Lander Forum Member Join Date: Feb 2013 Posts: 10	The contract was for 24 months and the warranty was also for 24 months. The handset and the airtime were bundled together into the contract which was for goods and services. They refused to fulfil the terms of the agreement and so were in breach of contract. I am an equal party with the provider in that contract, since they were not fulfilling their side of the arrangement I have decided not to pay them any more money.

08-02-2013, 14:30	#8
Stig Forum Member Join Date: Sep 2003 Location: Sandy Heath, Beds. UK Posts: 10,383	Quote: Originally Posted by High Lander I informed him that T-Mobile were in breach of contract, that I was returning their equipment, and that I would cancel any further payments to them. Quote: Originally Posted by High Lander I'm quite a principled individual. I always pay my bills. Being principled is a two edged sword, and I refuse to be ripped off by some massive faceless corporation. You stopped paying them, they took action. You made a difficult situation more complicated. I have found T-Mobile support to be pretty good, especially via Twitter.

08-02-2013, 14:35	#9
High Lander Forum Member Join Date: Feb 2013 Posts: 10	T-Mobile customer services have been utterly appalling in my experience as detailed in the OP. They wrongly claimed I had rooted my phone, refused to honour the warranty, and when challenged told me I was "not allowed" to dispute the case. They were in breach of contract which I was why I stopped paying for it. I am quite confident that I'll win this case in the Sheriff court. But thanks for your advice to roll over like a good little consumer, shell out my hard earned money for no return and do what I'm told by corporations

08-02-2013, 15:00	#10
interactiv-uk Forum Member Join Date: Jan 2007 Posts: 587	Quote: Originally Posted by High Lander The contract was for 24 months and the warranty was also for 24 months. The handset and the airtime were bundled together into the contract which was for goods and services. They refused to fulfil the terms of the agreement and so were in breach of contract. I am an equal party with the provider in that contract, since they were not fulfilling their side of the arrangement I have decided not to pay them any more money. From working in the industry i'd read your contract very carefully. Is it a contract for both as stated or is it an Airtime Agreement with Free (or subsidised) handset? If it's an airtime agreement my previous point stands. Hope it works out for you!

08-02-2013, 16:11	#11
High Lander Forum Member Join Date: Feb 2013 Posts: 10	Thanks for the constructive advice. Very useful to know.

08-02-2013, 19:53	#12
Step666 Forum Member Join Date: May 2012 Location: Scotland Posts: 1,274	Quote: Originally Posted by High Lander The contract was for 24 months and the warranty was also for 24 months. The handset and the airtime were bundled together into the contract which was for goods and services. LG handsets only have a 12 month warranty, the fact it was supplied as part of an agreement for 24 months service doesn't change that unfortunately. If memory serves, the Supply of Goods and Services Act is very similar to the Sale of Goods Act in that after 6 months, the retailer is not obliged to fix a faulty item unless the fault is proven to have been present at the time the item was sold. Quote: Originally Posted by High Lander They refused to fulfil the terms of the agreement and so were in breach of contract. I am an equal party with the provider in that contract, since they were not fulfilling their side of the arrangement I have decided not to pay them any more money. Even if they were in breach of contract (and I'm not saying they were), just dumping the stuff in a shop and cancelling the direct debit was not the correct way to go about cancelling your contract. You can't just stop paying them because you have decided they're in breach of contract, otherwise anyone who wanted out of a contract would do that.

08-02-2013, 20:27	#13
High Lander Forum Member Join Date: Feb 2013 Posts: 10	T-Mobile told me I had a 24 month warranty on the handset, but I didn't see this in writing so they could have been talking nonsense. What if they are in breach of contract, is it normal to continue paying someone if they are not keeping up their end of the deal?

08-02-2013, 20:37	#14
High Lander Forum Member Join Date: Feb 2013 Posts: 10	Quote: Originally Posted by DevonBloke Send a well written but short and polite email explianing the situation to correspondence@ee.co.uk It's no good going to a shop or calling regular CS. This email will go to high level CS. It may take them a while to reply. Mine took a week last time but the issue was resolved. You can also email the CEO, Olaf Swantee but I'm not typing that email here. Its not hard to work out though. Having said that, the email will probably go to the same place. Thanks. I've dropped them a line offering to come to some kind of arrangement. Seems that they've very probably lodged a default with the credit agencies already - which means I'm screwed for 6 years given the current climate. So much for my principles. Not sure if I can make them retract that if I win at court.

08-02-2013, 20:54	#15
DevonBloke Forum Member Join Date: Apr 2011 Location: Totnes, Devon Posts: 6,694	Quote: Originally Posted by High Lander T-Mobile told me I had a 24 month warranty on the handset, but I didn't see this in writing so they could have been talking nonsense. What if they are in breach of contract, is it normal to continue paying someone if they are not keeping up their end of the deal? The absolute worst thing you can do is stop paying. This gets their backs right up from the start. To continue paying is to keep the ball in your court. They are the massive corporate company, you are the defenceless consumer or so it would seem. But you have more clout behind you than you think in the UK. This time you've probably done the wrong thing, but for the future, never stop paying, keep calm, stay polite, contact the organ grinder and stand your ground. If you are innocent you will win eventually.

08-02-2013, 21:18	#16
Step666 Forum Member Join Date: May 2012 Location: Scotland Posts: 1,274	Quote: Originally Posted by High Lander T-Mobile told me I had a 24 month warranty on the handset, but I didn't see this in writing so they could have been talking nonsense. That would be a separate matter then, something you;d need to take up with whoever told you that. Quote: Originally Posted by High Lander What if they are in breach of contract, is it normal to continue paying someone if they are not keeping up their end of the deal? You would need to deal with someone who has the authority to cancel the contract for you. The guy in the store who you left the handset with can't do anything. Quote: Originally Posted by High Lander Not sure if I can make them retract that if I win at court. Not sure. On one hand I'm inclined to say yes, if you win in court you don't owe them anything, there should be nothing on your credit file that says otherwise. On the other hand, a note saying you stopped paying your direct debit would be factually correct and it could be argued that T-Mobile are within their rights to leave it there as it serves as a fair warning to other companies.

08-02-2013, 21:47	#17
High Lander Forum Member Join Date: Feb 2013 Posts: 10	Well, thanks for all your advice - given me a lot of perspective on the whole mess. On credit check it seems all I've got against me is that I'm 3 months in arrears - which isn't great, but could be a lot worse. So, I've paid the balance and set up a direct debit for the rest of it. I will now lodge a formal complaint with them and work the problem from the inside.

08-02-2013, 21:53	#18
DevonBloke Forum Member Join Date: Apr 2011 Location: Totnes, Devon Posts: 6,694	Good plan!

08-02-2013, 22:12	#19
The Lord Lucan Forum Member Join Date: Apr 2005 Location: Scotland Posts: 4,966	Probably the best idea. Might be a good idea to sign up with Experian or Equifax (one of them does a 30 day free trial) to see what exactly is going on with your credit file.

08-02-2013, 22:45	#20
DevonBloke Forum Member Join Date: Apr 2011 Location: Totnes, Devon Posts: 6,694	Experian does the 30 day trial. Really good the amount of info they give you. I ended up paying £15 for a few months I thought it was so good. They send you alerts when your name, address or email is spotted on the Internet somewhere that it shouldn't be. Since my credit rating is 999 I reduced it to a £2 per month email alert service.

08-02-2013, 22:48	#21
High Lander Forum Member Join Date: Feb 2013 Posts: 10	Quote: Originally Posted by DevonBloke Experian does the 30 day trial. Really good the amount of info they give you. I ended up paying £15 for a few months I thought it was so good. They send you alerts when your name, address or email is spotted on the Internet somewhere that it shouldn't be. Since my credit rating is 999 I reduced it to a £2 per month email alert service. I'd used Experian previously, so no freebie for me - Equifax gave me the info I needed, account 3 months in arrears like I said upthread.

DS Forums

Belligerent T-Mobile / Everything Everywhere

08-02-2013, 23:09	#22
Aye Up Forum Member Join Date: Mar 2001 Location: North West Posts: 4,885	Quote: Originally Posted by interactiv-uk Any contract you sign is for the airtime element of the agreement, not the handset. Actually strictly speaking that isn't true, it maybe the case if you buy the phone from an independent like CPw or P4U, however if you buy from the networks and they supply you the phone and airtime together then the whole thing is counted as a contract. I am sure OFCOM and the OFT clarified this matter some time back. The Separation of the Airtime agreement and the Sales Agreement only applies to transactions where they are legitimately different. You buy your handset from T-Mobile with an airtime agreement they are treated as one the same.

08-02-2013, 23:12	#23
Aye Up Forum Member Join Date: Mar 2001 Location: North West Posts: 4,885	Quote: Originally Posted by High Lander Well, thanks for all your advice - given me a lot of perspective on the whole mess. On credit check it seems all I've got against me is that I'm 3 months in arrears - which isn't great, but could be a lot worse. So, I've paid the balance and set up a direct debit for the rest of it. I will now lodge a formal complaint with them and work the problem from the inside. Be firm but polite with them as already mentioned, its such small change to a company of this size they will usually come to a fair compromise. I have seen it in the past where people l;ike you have had problems with their handset and the network customer relations have been very prompt to alleviate the issue. You are doing the right this.

08-02-2013, 23:23	#24
High Lander Forum Member Join Date: Feb 2013 Posts: 10	Quote: Originally Posted by Aye Up Actually strictly speaking that isn't true, it maybe the case if you buy the phone from an independent like CPw or P4U, however if you buy from the networks and they supply you the phone and airtime together then the whole thing is counted as a contract. I am sure OFCOM and the OFT clarified this matter some time back. The Separation of the Airtime agreement and the Sales Agreement only applies to transactions where they are legitimately different. You buy your handset from T-Mobile with an airtime agreement they are treated as one the same. Thanks, Aye Up. I did reflect on this issue for a while. I wouldn't have bought this contract if the phone wasn't part of the deal. Similarly, I'm sure T-Mobile wouldn't have given me the phone for free if I hadn't bought the contract along with it. Therefore, to all intents and purposes - the goods and the services are one and the same.

09-02-2013, 08:09	#25
Thine Wonk Forum Member Join Date: Mar 2009 Posts: 14,577	Never, ever stop payments as it just kicks off a whole process of loss of service, debt recovery and legal action. Simply sue them for the value of replacing the phone, but in order to do this you'll have to show that you had gone through with any reasonable requests from T-mobile and have an independent report showing it has never been rooted (not that it isn't rooted now). You'll also need to show where T-mobile have been unreasonable and not kept to their obligations. The problem when you stop paying is you have now breached your agreement to T-mobile, making any claim potentially harder.