T-Mobile Breach Of Contract

[biggeorge]

Hi all having a little problem with T-Mobile, Slightly long winded.

 

Got a new contract last year with T-Mobile and 2nd month had a problem with £2.50 + VAT been added to my bills, a charge for not paying via direct debit or bank transfer.

A few emails were exchanged and I received an email explaining how to pay without incurring a charge and that stated you can pay online through your account and its this way I have been paying it.

 

I ended up writing to T-Mobile to let them explain these charges and unless they were willing to give me a breakdown I would not be paying them.

Everything was fine I was paying my bills on time (minus the £2.50 + VAT charge) every month and have written to them at least 6 times now explaining I will not be paying the charges until I see a breakdown as I know its a penalty charge.

 

Cue last month when I get a phone call from T-Mobile regarding the £10.71 owing on my account and I explain to the guy that I will not be paying that amount until T-Mobile either provide me the breakdown on how the charges are calculated or remove that amount from my account.

2 Days later my phone goes to incoming calls only, can't phone T-Mobile on 150 as incoming calls only.

 

I have a good read of the terms and conditions and found a nice clause 4.4.5.1 and 4.4.5.2 that states:

 

4.4.5. If You don’t pay a bill by the date set out on it You will have broken an important

condition which is a fundamental part of this Agreement between You and Us and this

will entitle Us to suspend Your SIM Card from the Network and/or terminate this

Agreement immediately and charge You a Cancellation Charge except where:

4.4.5.1. You have a genuine dispute with Us; and

4.4.5.2. Before the date by which Your bill must be paid,

You have written (see point 9.6) to Us setting out the details of Your dispute, including the amount

of Your claim against Us and the amount You intend to withhold as disputed. If the amount You

intend to withhold is less than the total amount You owe Us then You must pay the difference by

the date set out on the bill. If You don’t, then We can terminate this Agreement immediately.

 

I then wrote to T-Mobile claiming breach of contract for disconnecting my services while I had a clear dispute, they had been informed at least 3 times in writing of the amount I would be witholding and yet they still put my phone on incoming calls only. Bill was paid 7 days before this happened.

I then promptly got my PAC code and moved to an alternative provider.

 

Now I have had a letter from Moorcrap claiming £400 owing to EVERYTHING EVERYWHERE for phone charges and early disconnection fees.

 

I have started a letter to T-Mobile explaining my position and inviting them to take me to court as I have all the letters I have sent them which covers me under the clauses 4.4.5.1 and 4.4.5.2, I also added that legal action against them will be started for any adverse credit reporting that damages my good name and credit worth.

 

As far as T-Mobile are concerned they say they answered my queries regarding the non direct debit charge by sending me their terms of service leaflet and I owe the early disconnection fee.

 

Anyone any ideas on how to go on with this, I can see T-Mobile putting up this £400 onto my credit file as a defaulted amount.

 

Regards

 

George

[locutus]

I agree that this will most likely show on your credit file soon enough.

 

My tactic would be

 

1st a letter to the DCA stating that the account was terminated with nothing added as T-Mobile breached their own T&C.

 

2nd a letter to T-Mobile stating that should they negatively mark your credit file you will seek recompense in the county courts for £7000 as set out in Kpohraror v Woolwich Building Society

 

AND follow through with it

[biggeorge]

Locutus thanks for the info, Have sent the debt collectors letter off and now just a new one for T-Mobile to do.

 

Regards

 

George

[biggeorge]

Update to this:

 

Ordered a new phone on contract last week (HTC One) with three network, Order went through fine and network acceptance.

Now this phone is new and is so in demand that my order was taking some time to arrive, then the company kept telling porkies

over possible delivery dates, In the end I cancelled the order with them.

I then ordered the same phone £2 more a month straight from three and it was refused on credit check.

 

Have since checked my CRA files and T-Mobile have now put up a late payment mark against my account which I think has put

the phone network off.

 

Anyone offer any advise of my next step,

I was thinking of LBA to T-Mobile to remove the late payment maker and mark the account as settled plus some compensation.

 

Any ideas guys ?

 

George

[locutus]

Read as much as you can on the case I referred to above

 

Then you need to LBA and take them to court once you are sure of your position.

[biggeorge]

Thanks Locutus,

Another update today, another late payment mark on my file which now makes 2 late payments marks for an account that is no longer.

I have contacted Equifax to remove the data, that won't happen but then I can bring them into the claim too.

 

Can anyone help me with writing out the LBA as I'm not letting them get away with this, My termination of the contract was correct in every way.

 

George