tmobile/one2one

[j.barton1]

Hi, My hubby has had a tmob phone for about 8ish yrs and has always paid the £3 non dd fee, I have claimed against barclays and won, now i have 2 more bank chg claims in and didnt realise i could ask for this back too.

What are the steps on asking for this back? is there different templates or is it roughly the same as banks? Also we arent sure how much they have taken ...would the SAR still cover us?

 

thanks

 

Jenny

[PKea]

As far as i know you cant claim this back as you have to option to pay it.

You could pay by DD and you wouldn't get the charge.

 

And as most bank experts agree that the figure that banks should be charging should be around this mark anyway, they may be able to prove their breakdown of charges for the £3

[j.barton1]

Okay thanks, I was reading other posts and i thought i could try?

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/68602-charges-not-paying-dd.html

[buzby]

Of course you can - the charge is unfair and unreasonable. Tot up the charges for the last 6 years, and send them a letter asking for it back. If they refuse, you then send a Letter Before Action and if no satisfaction, take the Small Claims route.

 

I have done this to NTL and Sky, and all the charges have been refunded. The basis for your complaint is that can the company prove that it actually costs them £3 to process each payment? Since they will have to provide evidence of this to a court, they always settle rather than try to defend the the indefensible! Go for it!

[PKea]

I may be wrong, Has anyone succesfully got the charges back?

 

I was just sugesting that if Bank experts belive that it actually only costs the Bank about £4 a charge and not the £30 they charge, that if they TMobile had to justify their costs in court they may be able to do so.

[j.barton1]

Thanks both of you, I'll get a sar sent to find out what they've had. again thanks to both for your views.

Jenny

[buzby]

I may be wrong, Has anyone successfully got the charges back?

 

Do you mean other utilities, or T-Mobile in particular? If the former, yes I and others have had our bills amended and credits given for these fees. As for T-Mobile, I'm not a customer so I cannot comment about them.

 

However, the issue here is whether firms have the right to offload their processing costs as an ADDITIONAL cost item - I maintain that they should not, as it should form part of the total cost of the transaction. BACS credit/Home Banking is a case in point, there are no fees additional to the transfer of money when compared to DD - plastic and PayPoint however do charge, but the firm could properly decide not to offer that payment method, rather than expect customers to waive rights to their financial dealings to facilitate them.

[j.barton1]

Hi, I'm gonna post this today is it okay? (thanks to meteor58)

jenny

Dear Sir,

 

Mobile Number xxxxxxxxxx-xxxxxxxxxxx

 

We have been customers of T-Mobile for over 8 years and up until recently we have been largely satisfied with the service received. However, the imposition of a charge of £3 each month for not paying by Direct Debit has negated all the goodwill of that period.

 

We cannot see how this charge can be justified for what is a fully automated payment method. Even if a human was involved, £3 for two minutes work is getting towards the rate lawyers charge. I’m sure no one who answers the phones for T-mobile is on £90 an hour.

 

Therefore it is with regret that if T-Mobile cannot credit the account with the punitive amounts already charged as a 'Non Direct Debit' fee, we will have no alternative but to terminate the contract at the first opportunity, as we do not believe in patronising firms that treat customers in such a cavalier manner. If you are agreeable to the crediting of these amounts and the removal of further similar charges, we will of course be happy to continue as a T-Mobile subscriber.

 

These 'Non Direct Debit' fees look very much like penalties, not "Additional services" as itemised on the bill. As such, they should not have been levied. If T-Mobile feels unable, in the course of good customer relations, to refund these charges already taken and to not apply them in future, we are more than willing to let the courts rule on the legality of such penalties.

 

We do hope this will not be necessary?

 

Yours faithfully,

[j.barton1]

BUMP

 

 

Does it look okay?

 

Jenny

[buzby]

Only concern, penultimate para 'look very much like penalties'. Stop pussyfooting! "These charges are clearly penalties, not Additio....

 

Stop being so nice!

[j.barton1]

Thanks Buzby...duly noted...and edited lol

 

jenny

[MissPhonic]

Hi Jenny,

Hope you don't mind me thread crashing, but i'm looking to send something similar to T-Mobile, what address did you use to send yours to?

 

Vicki

[j.barton1]

hi, I sent to the following add...

 

Customer Services

 

T-Mobile

6 Camberwell Way

Doxford Technology Park

Sunderland

SR3 3XN

 

HTH

Jenny

[MissPhonic]

Thank you very much for that.

 

Vicki

[j.barton1]

No problem, hope you get somewhere.

 

jenny

[devandy]

Added a new 4th paragraph...

 

"Additionally, I am doubtful as to the security of letting a company handle the processing and charging of bills, and subsequent debiting of funds from my bank account without due revision from myself. I would not allow the cashier in a store to take money from my wallet unsupervised, and I feel that the Direct Debit process is tantamount to this, something which I will not be penalised for."

[j.barton1]

Thanks devandy, I've already posted the letter but if someone wants to cut&paste then they can amend it. thanks for your input.

 

jenny

[j.barton1]

Hi all, I am sending this in the morning...does it look okay???

 

Jenny

 

26.03.07

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

 

 

I am very disappointed that you have failed to respond to my letter of the 14.03.07

I now understand that the regime of 'fees' which you have been applying to my account in relation to non direct debit charges and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way.

 

I require repayment in full of this money and If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

[davethorp]

Remove the consumer credit act bit. Mobile phone contracts are not governed by that act

 

I'd also add something in stating how much it is you're asking for back

 

Other than that seems fine

[j.barton1]

Thanks davethorp,

i've edited it.

 

jenny

[j.barton1]

Hi, I have not heard a thing from TMob, from the 1st or 2nd letter. There doesnt seem to be many posts on reclaiming dd fees, is the next step a court claim...when the 14 days are up....

Jenny

[j.barton1]

Hi All,

 

I've been really busy lately and this was pushed under the carpet, so having 2 banks under my belt now i've started it up again, 1st letter sent today.

Jennyx

[buzby]

Remember to send your LBA by Recorded Delivery, so that you can show you were serious about reclaiming those amounts. Since you started this thread, it is now illegal (in the Republic of Ireland) for firms to charge more for non-DD payments, goodness knows how long it'll take here.

[j.barton1]

Thanks Buzby, i've done that. We'll see what happens.

[j.barton1]

hi, received standard response letter, i'm gonna send my lba...any templates about for dd reclaiming?

 

Jenny x