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

[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

[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

[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

[j.barton1]

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

 

jenny

[j.barton1]

hi, I sent to the following add...

 

Customer Services

 

T-Mobile

6 Camberwell Way

Doxford Technology Park

Sunderland

SR3 3XN

 

HTH

Jenny

[j.barton1]

No problem, hope you get somewhere.

 

jenny

[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,

[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

[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

[j.barton1]

Heres my final letter before MCOL, does it look okay?? Any amendments welcome i am not posting it till tomorrow

xx

 

 

I am very disappointed in your response dated 31.07.07

The “administrative burden” T-Mobile incurs is not my concern, unless you can disclose to me the cost incurred to T-Mobile each time I withdraw money and I go to my post office and I pay my bill.

With regards to direct debits being easier, I choose not to pay by direct debit and as a consumer I have that choice, T-Mobile should not issue penalties because of this. I pay my bill on time and have had this account for many years, should I be penalized for this?

Courts of Law in Ireland have made this penalty charge illegal, I am sure the rest of the UK will follow soon.

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, where I will ask the courts for full disclosure of your costs.

 

I calculate that over the 9 years I have had an account with T-Mobile, I have paid £324 in unlawful charges.

Regards

[j.barton1]

bump

[j.barton1]

thanks buzby

 

x

[j.barton1]

Hi, A data protection request means they must give you everything they have on file for you, and they cannot charge anymore than £10...give them a ring

 

HTH

 

Jenny x