T-Mobile Penalty Charge

[ashette]

Hello, I wasn't sure where to post this but this is as good a place as any.

 

I recently had a bounced Direct Debit for my monthly T-Mobile phone bill and paid over the phone a couple of days after it bounced. Got this month's bill a couple of days ago and I'm apparently being charged £23.50 for an unpaid direct debit penalty charge! Not run into this sort of thing before with phone companies! I also got charged £3 for paying the balance over the phone, so have in effect been charged £26.50 by T-Mobile for the bounced direct debit (and will be charged on the bank's end too, boo!). Would the bank charge situation apply to a phone contract also?

[livelylad]

Hello, I wasn't sure where to post this but this is as good a place as any.

 

I recently had a bounced Direct Debit for my monthly T-Mobile phone bill and paid over the phone a couple of days after it bounced. Got this month's bill a couple of days ago and I'm apparently being charged £23.50 for an unpaid direct debit penalty charge! Not run into this sort of thing before with phone companies! I also got charged £3 for paying the balance over the phone, so have in effect been charged £26.50 by T-Mobile for the bounced direct debit (and will be charged on the bank's end too, boo!). Would the bank charge situation apply to a phone contract also?

 

You can claim the £23.50 back, the £3 you can as they say its costs to cover the Admin for not paying by DD. Bollocks really

[Movingon]

You can claim it all back. Follow a similar process to claiming back your bank charges

[buzby]

Absolutely - the sooner these companies realise we're not going to tolerate this, they'll learn the hard way. Can I suggest you end ALL your direct debits and take responsibility for making these payments yourself? If your bank offers Home Banking, it's easy to arrange and the phone company whould be hard-pressed to prove that it cost them more to administer your account when you paid electronically, than when they just 'took' it"

[feelingfine]

Hello, SORRY ASH TO HIJACK YOUR THREAD!

my wife got exactly the same letter and same cost,what should she do pay this bill minus the £23.50 or pay the full amount and then try to reclaim this £23.50.?

 

Would appreciate any help here, and ash sorry once again to hijack your thread!!! appologies mate

[Movingon]

Your choice really... if you fail to pay it they will chase you, and may end up taking YOU to court - but it's only as scary as the other option; which is that you pay it and claim it back via the courts.

 

To be honest there is no real end-game disadvantage either way; you will end up getting back your money without it having any effect on your credit rating.

[buzby]

Yup - do what you feel comfortable with. If you don't want to appear the baddie - pay the amound they request in full, then advise them due to the charges you regretfully will be cancelling your DD. THEN, yopu can advise them you will be making a claim against them for these unrealistic fees if they cannot provide a breakdown of costs.

[kirstytwin]

I am in the same situation, I not only was charged £26.5 from T mobile but also £30 from my bank I have changed banks and phone service, just need to get the charges back now.

 

Kirsty

[buzby]

I am in the same situation, I not only was charged £26.5 from T mobile but also £30 from my bank I have changed banks and phone service, just need to get the charges back now.

Kirsty

 

Just get the ball rolling - we all had to start somewhere!

 

[JDandCoke]

I have the same letter from t-mobile this morning

 

I ordered my The Lawpack Small Claims Kit the other day so I'll be getting all these charges back.

 

£23.50 for a payment failure charge! How can they justify it...

[Movingon]

errr.... they can't - that's kinda the whole point?

[ashette]

I rang the customer services department about this who reckoned that the 23.50 was to cover the bank charging them for the Direct Debit which hadn't been paid. Anyone know if this is legitimate?

[buzby]

No. Ask to see their bank statement. (Since they initiated the transfer, it's a bit strange why their bank would want to charge them for something they've done), after all YOUR bank could have charged you £30 for NOT paying it!

[ashette]

My bank ARE charging me for the failed DD, so I will have effectively paid £55 in charges when the original bill was £41.

 

What's especially galling is when I first set up the phone contract I requested a pay date after my monthly pay day so I wouldn't have this kind of problem, which they completely ignored and set the pay date to 3 days prior to that, when I have the least money. When I rang up to try to change it they told me I had to wait until after the first payment went through and of course I forgot to ring again to get it changed, being as I have a life outside waiting in call systems which I consider akin to having my fingernails pulled out one by one.

[buzby]

Absolutely - that's why it belies belief that you should have to pay T-Mobile's bank charges, after all they're not paying yours! You really need to get ALL these charges back, so explain to the bank that T-Mobile didn't take it out when thgey shoulkd have (gloss over the bit about the first payment needing to go through first). As a one off, they might waive it - if they stick their heels in, treat them with the same disrespect and demant repayment of all/any penalty charges levied previously. That'll teach 'em!

[gmex2005]

I have also just been sent a bill with this ridiculous (and unlawful) charge on it as my DD bounced last month. I haven't had a chance to have another look through the contract I signed with them yet, but I wondered whether I could terminate the contract on the grounds that it does not comply with UK law. If anyone has any ideas I would be grateful!

[buzby]

No, you won't be able to repudiate your contract based on this alone. However, you can turn it to your advantage by writing to them and saying that you believe the fee charged is being used to 'fine' you, and this in itself can be challenged in the courts, as such, you call upon them to provide costings that the fee charged directly related to the rejection of their claim for payment. (You have paid them by other means, haven't you?). Explain that in view of their actions, you are unwilling to permit them to take funds from your account in the future, and the DDM is cancelled. (Make sure you tell you bank).

 

Also add in your letter you will arrange to pay their invoices on presentation directly via BACS (if you bank online this is a breeze) and ask for the account and sort number, along with any reference they require to be quoted with such payment. If they say there is an additional fee for not paying by DDM, say this fee will also be challenged, and to ensure it does not appear on your account. If the foregoing does not meet with their approval, you will agree to their closure of the account within the next 30 days with no penalties.

 

That should make them take you seriously!

[Seminole]

I think I would be inclined to pay these charges in this situation and then claim them back. The phone company would be likely to suspend your service if you didn't pay and you would then be in a position of waiting for them to sue you before you could take any action.

[haircut]

No, you won't be able to repudiate your contract based on this alone. However, you can turn it to your advantage by writing to them and saying that you believe the fee charged is being used to 'fine' you, and this in itself can be challenged in the courts, as such, you call upon them to provide costings that the fee charged directly related to the rejection of their claim for payment. (You have paid them by other means, haven't you?). Explain that in view of their actions, you are unwilling to permit them to take funds from your account in the future, and the DDM is cancelled. (Make sure you tell you bank).

 

Also add in your letter you will arrange to pay their invoices on presentation directly via BACS (if you bank online this is a breeze) and ask for the account and sort number, along with any reference they require to be quoted with such payment. If they say there is an additional fee for not paying by DDM, say this fee will also be challenged, and to ensure it does not appear on your account. If the foregoing does not meet with their approval, you will agree to their closure of the account within the next 30 days with no penalties.

 

That should make them take you seriously!

 

Thanks Buzby, I got the same this morning £26.50 for canceling my DD (due to my dispute with my bank). I don't think so. I'll be taking your advice & writing that letter. I'm 6 months into an 18 month contract & I wouldn't mind a reason to end the contract - I'd rather pay as you go. It's actually my wife's phone but in my name. I only agreed to a contract so she could get a smart phone.

[buzby]

Keep us posted!

[haircut]

Okay, that was interesting. Decided to make a call 1st to try to solve this. 1st time got cut off after 6 mins waiting. 2nd time got through to a human. After Ususal recorded messages saying this call may be recorded etc. Told him I was recording this call for my reference. & asked him to explain the charges on my bill. He went away & came back saying that I had to ask him for permission to record the call & he was unwilling to continue!

[Seminole]

I would ring them back ask the questions and don't bother to tell them that you're recording it.

[Movingon]

I would ring them back ask the questions and don't bother to tell them that you're recording it.

 

...because in LAW you don't have to ask for permission to record "for your reference" - only if you intend to "share" the recording with a third party!

 

Obviously if this came to court, you would have to ask the Judge for permission to present a recording obtained in this way; but if it was relevant to the case, the court could theoretically deem themselves falling outside the definition of "a third party", and it's easily possible that they would allow it...

[haircut]

here goes....

[buzby]

Absolutely. What they overlook is that whilst hteir machine is telling you that they're recording the call - there is nothing stopping you similarly making a standard statement that YOU are recording the call and it may be used..... etc etc. The fact they may not be listening at the time is their problem, as you advising them of the recording at the same time discharges you from further disclosure.

 

You'll find that your customer record may be annotated with an alert that says you're a troublemaker (in coded terms) so be prepared to be asked in future if you are. As for them refusing to deal with you - if they record the call and do not give you any chance to opt out, then they cannot reallt expect to have any right of veto if you choose to do the same thing!