T-Mobile

T-Mobile (part of EE along with Orange) have been getting a battering from customers lately, many of them complaining a breach of contract and taking their claims to CISAS. As part of their complaint the customers
have requested a PAC and penalty free cancellation of their contracts.
Many of those customers have now been issued with a PAC, but also find a termination charge on their bill in anticipation that they may use the code. T-Mobile claim they will refund the charge in the future if the PAC isn't used.
On a separate issue, there are a number of other T-Mobile customers that have been overcharged for a variety of reasons, and after waiting months have still not received refunds.
There doesn't appear to be anything in T-Mobile's terms and conditions to cover either situation.
So what are the legal issues here? Can a company charge just in case you use a service, and how legal is this unauthorised borrowing by T-Mobile?
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wrote:

Companies can charge you a fee if you terminate a contract early but they must have told you in advance that this may happen. If it's not in their T&Cs then I doubt they have a leg to stand on, legally.
However, IME overcharging is commonplace in the telecomms industry. For small amounts people often don't bother trying to get their money back so the companies get away with it more often than not.
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On 10/05/2013 11:59, Mark wrote:

The issue here is that they are charging on the *possibility* that the contract will terminate early. If it is not cancelled then the customer has the problem of recovering the money.
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A couple of years or so ago, OfCom were really hot on communications companies charging for services that were not being provided. I would therefore have thought that approaching OfCom first about this charging.
Another issue that seems to be relevant is charging for the termination of the contract. This would seem to come under The Unfair Terms in Consumer Contracts Regulations 1999 http://www.legislation.gov.uk/uksi/1999/2083/contents/made
Under Schedule 2, Indicative and Non-Exhaustive List of Terms which may be regarded as Unfair, 1 (o) is probably relevant: obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his http://www.legislation.gov.uk/uksi/1999/2083/schedule/2/made
IANAL
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On 10/05/2013 13:53, Iain Begg wrote:

Most TOC's are just Del's Boys and in it for the con. Why should they get another radio frequency when they can't manage the ones that they already have.
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