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T Mobile agreed upgrade & 24 month contract with my child - help!!


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Just a quick thought... Don't most companies RECORD phone conversations now!

If they do, demand a copy of the recording.

Maybe you could even get the recording if you request a SAR, if recordings are included in the SAR as all information they have on you.

Edited by pooky2483
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Update time – sincerely hope I get some feedback on how to respond.

Received a call from complaints again today, stating they had listened to recordings – state my son called twice, first time to enquire about an upgrade – second time was to arrange the upgrade. T Mobile say he clearly gave the password on the account. As he had the password, the upgrade was agreed.

The conversation I have had with T Mobile last week and Monday, said this was part of the terms and conditions / contract – the complaints person I spoke to on Monday said she would find what section of the terms and conditions and give me this info – today she has denied this, stating it was ‘made clear when I gave a password, that any person will the password would be able to access account information’

I have never been informed verbally or in writing of this.

The person I spoke to likened the password to a PIN – my view is this is not the same, as the person would need my card and the pin to access my account.

They have advised I will not receive a response in writing, as they have responded to my complain verbally; refuse to issue a Deadlock letter, as this is no longer needed to progress any complaint.

They have spoken to their legal and data protection dept, who have ‘assured’ them they have not breeched data protection or acted illegally in their actions.

They claim they have sent our 2 return bags, none of which I have received and will not change the details on the account.

Please advise how I should respond. I am seriously p***ed off.

I appreciate your time.

Cheers

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They are in breach of so many things.

They cant refuse deadlock as you are disputing your account(s).

Only the account holder can discuss/change things on the account.

You are well within the law to refuse to continue any further via telephone and to only use letter.

Take a look on the OFT's website for help in your defense.

and you could check out this site for any templates you could send them.

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T-Mobile are not breaking any rules by NOT giving a deadlock letter. You just cannot escalate the complaint to CISAS until your complaint has been ongoing for 8 weeks without one. I'd also add that to your complaint, state that as you don't agree with paying this, after 8 weeks you may get a negative mark on your credit file if it's unpaid, and if they are not prepaired to do anything more, you are essentially at DEADLOCK and they are just bullying and stalling for time!

 

Keep off the phone with them, you need written evidence to corroborate the true events.

 

CISAS are mostly a toothless qango anyway (funded by the mobile industry, who do you think they're gonna side with 99% of the time? as Jim Royle would say "Independant my a**e") if you feel so strongly, court is probably the best route. (and court papers landing on their door does seem to wake them up a little!)

 

HOWEVER a judge will want you to have tried very hard to resolve this before taking them to court, so keep writing to t-mobile, if they phone to try to resolve, then refuse to talk to them, tell them as court action against T-Mobile is imminent, you require all correspondence to be in writing.

 

When I worked selling for T-Mobile, I was always told to talk to the account holder to agree. Anyone can give the password on the account and discuss an upgrade, but the account holder needed to agree. I was selling essentially a new product tho, not an upgrade, so I can't 100% say if that is company policy.

 

It does sound like maybe your son has been a little s*** here... give him a clip around the ear from me please :p

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Update time – sincerely hope I get some feedback on how to respond.

 

Received a call from complaints again today, stating they had listened to recordings – state my son called twice, first time to enquire about an upgrade – second time was to arrange the upgrade. T Mobile say he clearly gave the password on the account. As he had the password, the upgrade was agreed.

 

The conversation I have had with T Mobile last week and Monday, said this was part of the terms and conditions / contract – the complaints person I spoke to on Monday said she would find what section of the terms and conditions and give me this info – today she has denied this, stating it was ‘made clear when I gave a password, that any person will the password would be able to access account information’

I have never been informed verbally or in writing of this.

 

The person I spoke to likened the password to a PIN – my view is this is not the same, as the person would need my card and the pin to access my account.

 

They have advised I will not receive a response in writing, as they have responded to my complain verbally; refuse to issue a Deadlock letter, as this is no longer needed to progress any complaint.

 

They have spoken to their legal and data protection dept, who have ‘assured’ them they have not breeched data protection or acted illegally in their actions.

They claim they have sent our 2 return bags, none of which I have received and will not change the details on the account.

 

Please advise how I should respond. I am seriously p***ed off.

 

I appreciate your time.

Cheers

 

So what happens if you spoke to T-Mobile in the past & your son overheard when they asked you for your password? That would make it their fault that your son knows it.

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CISAS are mostly a toothless qango anyway (funded by the mobile industry, who do you think they're gonna side with 99% of the time? as Jim Royle would say "Independant my a**e") if you feel so strongly, court is probably the best route. (and court papers landing on their door does seem to wake them up a little!)

On what do you base that opinion?The last report I saw on CISAS which was published by Ofcom indicated that 60+% of claims receive a favourable resolution for customers from memory, whether that is a settlement by the network or a decision in their favour. It was a couple of years ago since I read the report though I could be wrong.
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On what do you base that opinion?The last report I saw on CISAS which was published by Ofcom indicated that 60+% of claims receive a favourable resolution for customers from memory, whether that is a settlement by the network or a decision in their favour. It was a couple of years ago since I read the report though I could be wrong.

 

From what I read (was a while ago admittedly), about 20% of people that complained to CISAS ended up taking the complaint further to court. I've not seen any figures on their court success / failure though, Also it does seem a high proportion not to be sorted at that level, and about half the complaints heard by the ADR were not happy with how the ADR dealt with the complaint (again, thats more that 5 years old information). I hope things may have improved, but as I always say, if you hope in your left hand and poop in your right, and your right hand always gets full 1st :p

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There is some research on the Ofcom website by Synovate that states that 87% of people interviewed following arbitration (so Otelo and CISAS) considered their complaint to be completely resolved. 57% considered it to be partially resolved.

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There is some research on the Ofcom website by Synovate that states that 87% of people interviewed following arbitration (so Otelo and CISAS) considered their complaint to be completely resolved. 57% considered it to be partially resolved.

 

I take it that statistics aren't their strong point then?

 

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I only read Humanities but it doesn't take someone with a degree in Pure & Applied Mathematics to work out that 87% + 57% + whatever percentage of people were unsatisfied or 'don't knows' doesn't add up to 100%.

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Sorry I just parroted what I thought were the results, I wasn't fully awake so I was probably mistaken, I also didn't do any sums or consider the implications of my comments. http://stakeholders.ofcom.org.uk/binaries/consultations/complaints_procedures/annexes/annex8.pdf is the Synovate report I was talking about. That is the other Ofcom report I was talking about on ADR. http://stakeholders.ofcom.org.uk/binaries/consultations/complaints_procedures/statement/statement.pdfThey aren't the most interesting of documents and I don't have the time to go through them again at the moment.

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  • 2 weeks later...

Hello all - i hope somebody comes back to this thread and can advise me.

TMobile called again, to tell me my stupid son had made the calls to them, had quoted the password and did not sound like a child, hence he had the 'authority' to enter into a new contract. They still maintain that I was informed that if someone could quote the password, they could enter into a new contract, but canno evidence how or when, they just make a vague reference to me being informed.

 

They have charged me about for p&p and part month of the contract, despite the person I spoke to in complaints stating they would not make any changes on my account until the bill was due, to avoid me being over charged.

 

It appears they have reverted back to the original price plan, but are still charging me for the period in between their error at issuing a new contract and for P&P. I was advised not to speak to them, and my original letter of complaint advised I refused to pay any amounts towards their error.

 

I still have the mobile and am waiting a returns bag, which they claim to have sent out twice. I undersatnd that I will have to pay the P&P for the return of the mobile also.

 

Any further advice on what I should write and say to them? Right now I am so p**sed. I am not going to pay for the return of the mobile - in fact I thinki I should keep for my troubles.

 

If possible can anyone advise what section of what act I should quote?

 

Many many thanks all x

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Did you email [email protected] ?

 

Pay your bill, but write to them stating your bill is paid under protest, and you will be taking steps to recover any overpayment.

 

The legal act that was refered to that states you MAY be entitled to keep the phones is here

Found it, it's seems you're correct ;) see; Unsolicited Goods and Services Act 1971

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Orange which is tmobile now emailed me yesterday when trying to see what records of recordings they had their end, said they for SAR purposes were unable to help, the reason being that they only record 1% of their 5 million calls a month. So if they have the recording of your son in this instance demand they play it to you or go for copy, for all you know they could just be quoting notes on file, sounded adult!!!! and it not even exist xx

 

 

Even if it does exist they stink for not helping you in my book at least xx

 

keep at them, you will succeed in the end and RECORD ALL YOUR CALLS TO THEM xx

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  • 2 months later...

I am not sure if this will get read - but here goes - please no judgements about me not doing anything - I am feeling very vulnerable!

The saga goes on - I still have the mobile handset, as T Mobile continue to refuse to provide me with a pre paid packaging, as they 'don't have such things'. Let’s not even acknowledge I have been paying into this company for 17 years. Loyalty? Customer service? Not in their language. l

Despite the person from complaints advising I would not be charged for the change in contract in May, and assuring me she would revert the contract back to it original form, I was charged and had to write complaining. I did get a refund for these charges.

I have emailed the CEO continually, at least four times, stating I want a response in writing and do not wish to speak to them, despite – clearly they do not understand because an annoying adviser insisting on calling me, following each email, to talk c***. I think I was rather rude at one point asking her if she could read – I bet they have that recording!!

I did not receive a response to my complaint until 5/8, when I received an email advising I had not responded to their letter, where they have enclosed the recording of the call where the account was upgraded, which absolved them, in their view, of issuing a new contract on the account; as I have not returned the mobile they will be implementing the 24 month contract.

I respond by asking them why they have not responded to my emails, asking for clarity on how they sent the copy of the telephone recording, in a CD or a transcript. They respond in an email stating “as you do not appear to be receiving my emails" - doh! Because you have not sent any!!! I have asked for read receipts, dates and times emails sent, which they have ignored.

In conclusion they have stated I have “exhausted” the complaints process, even though there is no evidence of a response from them and they will be enforcing the 24 month contract, as I have not returned the mobile. Interestingly, one of the lines was due an upgrade last year -the person with day to day management of this line called them on Saturday, to change the Tariff - they then issued a new one year contract!!!!

Thanks for reading – enjoy the bank holiday!!!!

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Well, as your complaint has been ongoing for over 8 weeks, you may now escalate the complaint to CISAS.

 

THIS is the form for you to escalate a complaint to CISAS. Keep us informed :)

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

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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  • 4 weeks later...

Hi,

 

I am very sorry to hear about your complaint with t-mobile.

 

Firstly i believe that a password holder should be able to upgrade as you are the main account holder, they do not have this process in Orange as only the account holder can upgrade or make any changes on the account, so you have to question why they have this policy in place in one company an not the other because they are one company Everything Everywhere.

 

I am very surprised that they have 2 recordings of you son asking to upgrade, this means that you are very unlucky or lucky because from my understanding as an ex employee there is that not all calls are recorded. you can ask for a recording of the calls and by law they have to give you this.

i have left the company as they have gone to the dogs and only care about profit and money not about the customers anymore or there employees so i would escalate this cisas and to ofcom oh and maybe you should think about changing your provider.

 

hope this helps

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FWIW the EE CEO has changed recently. The new CEO is now Olaf Swantee.

 

I would suggest that you ask them to substantiate their claims. Tell them in writing that you want proof (they should put up or shut up.)

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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