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T Mobile - Theft

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Any help on this issue would be appreciated. I have copied and pasted below a draft of a letter I will be sending to T Mobile. Basically, my mobile broadband stick was stolen without my knowledge and used to make phone calls totalling £600 which I am now apparently liable for. The full detail is in the text below - any comments/ideas/similar experience/abuse welcomed. Cheers.

 

 

 

Dear Sirs,

 

I am writing to express my disapointment in T-Mobile's response to the recent theft of my mobile broadband USB stick. I have called T Mobile on three separate occasions to explain the circumstances surrounding the theft and have been referred only to the following point included in T Mobile's terms and conditions:- 'report your lost or stolen phone right away. Until you notify T-Mobile you're liable for the cost of any services used on your missing handset'.

 

By way of detail, the mobile broadband stick in question was stolen alongside my flatmates laptop in mid-July. As the stick was not used by myself or my flatmate, neither of us realised this at the time. As it was never used, it was not noticed missing until I received a bill of £105 for the period up until the 20th July. It appears that when stolen, the SIM card was removed from the USB and used to make a number of international calls to Iraq and Pakistan, amongst other places. The additional charges incurred in the period 20th July until the point I reported the stick stolen are £484 (as per my discussions with my T-Mobile colleague). As per your terms and conditions, I am apparently liable for those charges, even though common sense clearly indicates that they were clearly not incurred by myself. I have a police report detailing the date that the theft took place should you wish to see further proof of this.

 

Under normal circumstances, should I have had my mobile phone knowingly stolen and neglected my responsibility to report it, I would reluctantly accept liablity in accordance with your terms and conditions. However, given the specific circumstances listed below, I cannot accept that I can be held liable for these charges.

  • As you may have record of, I previously had a number of discussions with T-Mobile where I expressed my displeasure in the way in which the mobile broadband package was sold to me. I was called by a T-Mobile operator and offered a 'loyalty bonus'. I was informed that my usage of the service would be 'capped', never costing more than £10 and 'would work out about 30p a day if you used it for one day'. As I am sure you will agree, to express something as being 'capped' is grossly misleading in this context, and you can imagine my surprise when having never used the service, I received a bill of £10. At this point I attempted to cancel the service on the grounds I had been mis-sold the service. I was informed that I could cancel should I wish to pay up the remainder of the 24 month contract. I did not opt to take the matter any further and continued with the contract. My annoyance led to me switching my mobile phone operator for the first time.
  • I was never made aware at any point of how this product could be used. Whilst it may seem obvious to people in your industry that what I actually had was another phoneline, there should be no assumption that your customers have similar knowledge. As far as I was aware, I had a 'capped' service that allowed me to access mobile broadband, hence my apparent disregard for its value. That this product should then be fraudulently used in a manner I was not aware possible only adds to my annoyance.
  • I find it difficult to accept that when T-Mobile sell me a service 'capped' at £10 a month, you would then not notify me/cap the service when the usage has reached approximately 60 times what the normal charges in any given period would be. Not only this, it was being used for a purpose that it was not intended to make international phone calls to countries which I have absolutely no ties. It appears that T-Mobile were more than happy for charges to continue to be incurred in his fashion.

As I am sure you will appreciate, the fact that I am being told that I shall be liable for the full amount of the charges incurred has left me angry and disapointed. I have unknowlingly been the victim of crime that I had no knowledge there was a risk of, all in relation to a service that I still maintain I was deliberately misled into agreeing to purchase. As I have explained, I understand the contractual point which I have been referred to previously. Given my above comments, I cannot accept that it should apply in this case. As such, I have instructed my bank to suspend any further payments to T-Mobile until this matter is resolved, as I will be willing to take the complaint further should you not agree to rescind the charges. I would request that this amount is not passed on to any debt collection agency while these monies are in dispute.

I look forward to receiving your comments in due course.

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Any help on this issue would be appreciated. I have copied and pasted below a draft of a letter I will be sending to T Mobile. Basically, my mobile broadband stick was stolen without my knowledge and used to make phone calls totalling £600 which I am now apparently liable for. The full detail is in the text below - any comments/ideas/similar experience/abuse welcomed. Cheers.

 

 

 

Dear Sirs,

 

I am writing to express my disapointment in T-Mobile's response to the recent theft of my mobile broadband USB stick. I have called T Mobile on three separate occasions to explain the circumstances surrounding the theft and have been referred only to the following point included in T Mobile's terms and conditions:- 'report your lost or stolen phone right away. Until you notify T-Mobile you're liable for the cost of any services used on your missing handset'.

 

By way of detail, the mobile broadband stick in question was stolen alongside my flatmates laptop in mid-July. As the stick was not used by myself or my flatmate, neither of us realised this at the time. As it was never used, it was not noticed missing until I received a bill of £105 for the period up until the 20th July. It appears that when stolen, the SIM card was removed from the USB and used to make a number of international calls to Iraq and Pakistan, amongst other places. The additional charges incurred in the period 20th July until the point I reported the stick stolen are £484 (as per my discussions with my T-Mobile colleague). As per your terms and conditions, I am apparently liable for those charges, even though common sense clearly indicates that they were clearly not incurred by myself. I have a police report detailing the date that the theft took place should you wish to see further proof of this.

 

 

Under normal circumstances, should I have had my mobile phone knowingly stolen and neglected my responsibility to report it, I would reluctantly accept liablity in accordance with your terms and conditions. However, given the specific circumstances listed below, I cannot accept that I can be held liable for these charges.

  • As you may have record of, I previously had a number of discussions with T-Mobile where I expressed my displeasure in the way in which the mobile broadband package was sold to me. I was called by a T-Mobile operator and offered a 'loyalty bonus'. I was informed that my usage of the service would be 'capped', never costing more than £10 and 'would work out about 30p a day if you used it for one day'. As I am sure you will agree, to express something as being 'capped' is grossly misleading in this context, and you can imagine my surprise when having never used the service, I received a bill of £10. At this point I attempted to cancel the service on the grounds I had been mis-sold the service. I was informed that I could cancel should I wish to pay up the remainder of the 24 month contract. I did not opt to take the matter any further and continued with the contract. My annoyance led to me switching my mobile phone operator for the first time.
  • I was never made aware at any point of how this product could be used. Whilst it may seem obvious to people in your industry that what I actually had was another phoneline, there should be no assumption that your customers have similar knowledge. As far as I was aware, I had a 'capped' service that allowed me to access mobile broadband, hence my apparent disregard for its value. That this product should then be fraudulently used in a manner I was not aware possible only adds to my annoyance.
  • I find it difficult to accept that when T-Mobile sell me a service 'capped' at £10 a month, you would then not notify me/cap the service when the usage has reached approximately 60 times what the normal charges in any given period would be. Not only this, it was being used for a purpose that it was not intended to make international phone calls to countries which I have absolutely no ties. It appears that T-Mobile were more than happy for charges to continue to be incurred in his fashion.

As I am sure you will appreciate, the fact that I am being told that I shall be liable for the full amount of the charges incurred has left me angry and disapointed. I have unknowlingly been the victim of crime that I had no knowledge there was a risk of, all in relation to a service that I still maintain I was deliberately misled into agreeing to purchase. As I have explained, I understand the contractual point which I have been referred to previously. Given my above comments, I cannot accept that it should apply in this case. As such, I have instructed my bank to suspend any further payments to T-Mobile until this matter is resolved, as I will be willing to take the complaint further should you not agree to rescind the charges. I would request that this amount is not passed on to any debt collection agency while these monies are in dispute.

I look forward to receiving your comments in due course.

 

 

I've highlighted in bold the portion of the letter that worries me. T-Mobile can default you easier than any bank can. They have the best (or worst depending on your viewpoint) of both worlds. I'll explain a bit further, A bank has to subscribe to the rules and regulations of "the customer credit act" whereas T-Mobile don't give credit, so thats a whole set of rules they can ignore, so letting your bill go unpaid for any period of time can ruin your credit score (depending on the criteria searched, it can ruin it as much as a county court judgement!)

 

Also playing devils advocate a little here, they will state that the terms and conditions were sent out with the dongle, and it is up to you to read them, and using the service is accepting the terms and conditions.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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Unfortunately, the buck will stop with you if you did not take reasonable care of the dingle, which includes PIN protracting it from unauthorised use. Issues of being miss old are of no help here, nor of hem owing you any duty od care. If you cancel your DD or net make the complete payment due, this will be flagged on your credit file. Even if you enter into an arrangement to pay it off, T mobile will still report this as a delayed settlement, do watch out got his.

 

It is a pain that most folk do not realise how vulnerable they are until it is too late, but the networks has done nothing wrong, and unless you have insurance to cover the misuse, you'll be left high and dry.

 

Your arguments that you do not call these countries don't help. Until you report the loss, only calls made after you advise them will be their responsibility. Remember, the the if would simply take the dongle SIM and put it in a standard handset to run up the calls. Easy!

 

At more conciliatory approach is a better bet. Asking for any consideration in reducing the debt might just get it lowered a bit to minimize the hardship if you don't have insurance. Going in with guns blazing will not get you far, and cost more in the long run.

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