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?