Does TMobile changing their fair usage policy allow me to finish my contract early? - HotUKDeals
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Does TMobile changing their fair usage policy allow me to finish my contract early?

Tyler Durden Avatar
5y, 10m agoPosted 5 years, 10 months ago
I am just interested to know whether the fact that T-Mobile have just changed the fair usage policy amount down to 500mb mean that I can get out of my contract early.

Thanks for any info.
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Tyler Durden Avatar
5y, 10m agoPosted 5 years, 10 months ago
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#1
dunno, I have the unlimited package for free, its about a £5 pm I think. btw
#2
I have thought not. It was always set at 500 meg they just called it 'unlimited'. So they haven't really changed anything. . .
#3
It used to be 1gig, but t-mobile don't seem to care if u go over it, they just restrict the amount you can dl between 4pm-12am. Its still fine for emails etc....
#4
does anyone else have the problem if your phone often not connecting to the internet, but if you try in 10 mins or so it will work perfectly
#5
nebno6
does anyone else have the problem if your phone often not connecting to the internet, but if you try in 10 mins or so it will work perfectly

yep a t mobile nokia x6
#6
I have a 3GB allowance with my Android phone and received a text saying it’s being reduced to 500MB.
What bugs me is that once I go over my allowance they block me from using Outlook during peak times which is from 4 until midnight which means no email access for 8 hours a day.
Why they need to block email which apart from the occasional small attachment consumes hardly any bandwidth I don’t know.
I have multiple email accounts so it’s not possible to easily check it via the web.
Plonkers.
#7
I received the text at 11:30 today so I guess it will take time to send them to everybody.
For people like myself on the 3GB allowance with no home broadband it's a kick in the teeth.
#8
There is no way they are getting out of this free , From 3GB to 500MB? My monthly cycle start from the 2nd of Jan to Feb and I have already used 300MB+ of data...
#9
saayinla
My monthly cycle start from the 2nd of Jan to Feb and I have already used 300MB+ of data...

The change comes into effect early February so you will be okay this month.
#10
It might if the change leaves you at a material detriment. Try emailing bitter wallet, their vodafone template got me out of my contract 20 months early when vodafone attempted a similar move.
#11
Just looked at the announcement, as there are no charges for breaching the fup i'd say you might find it difficult to cancel. Looks like they'll just restrict your access to streaming media and downloads.
#12
Agharta
saayinla
My monthly cycle start from the 2nd of Jan to Feb and I have already used 300MB+ of data...

The change comes into effect early February so you will be okay this month.


Although I have not gotten the text message yet but 500MB is just not going to cut it for me am afraid. I am on a business Contract I ll send an email to my account manager and see what he has to say about this.

Edited By: saayinla on Jan 10, 2011 16:24: update
#14
Lots of people went for T Mobile over the past few months mainly because of the 3GB internet. So T Mobile tempt people to join offering 600mins, unltd texts and 3GB internet then when they have hit their targets they radically change the terms and conditions to just 500mb.

I'd say you have a good chance of finishing the contract early due to the radical and sudden nature of the change. One trick would be to pay your last due bill than cancel any direct debit they have and write to them explaining your reason for cancelling. If they ask for any more money tell them where to go, unless they are willing to reinstate the agreed 3GB limit.
banned#15
Don't do what loop says you will only be hounded for outstanding debt.

There is no "material detriment" as they still wont charge for going over the limit.
#16
Ok since t-mobile are annoying alot of people (me included), I have two contracts with them, whats a good network which isn't doing this i can change to?
#17
T-Mobile tried the same trick with roaming charges – saying they were “Additional Services” so could be changed without letting people cancel without cancellation fee.

Couple of people on moneysavingexpert won through CISAS and another chap successfully took them to small claims court over it.

They’re trying to dodge the EEC regulations and Ofcom general conditions set out by setting them as “Additional Services” – which is wrong and not allowed.. Bitterwallet got a comment from Ofcom stating as much.

My wife has a T-Mobile contract with 12 months left to run – i’ve put in my complaint regarding the matter. If they deny my right to cancel without cancellation fee, i’ll request a confirmation of their final stance and use that as a deadlock letter for CISAS.
#18
cookiemonster83
fridgehead
Ok since t-mobile are annoying alot of people (me included), I have two contracts with them, whats a good network which isn't doing this i can change to?


I don't think there really is. That's the thing, if you leave then you need to be prepared for the fact that all the networks have rubbish data allowances! Someone did mention giffgaff somewhere though, so maybe they're worth a look?


Yeah thought that was the problem, lucky enough im i've got 2 30 day rolling contracts so if anything better comes up least its easy to change over.
#19
T-Mobile is likely in breach of its customers’ contracts

http://conversation.which.co.uk/mobile/mobile-phone-networks/t-mobile-is-likely-in-breach-of-its-customers-contracts/

Tomorrow we will post our advice to T-Mobile customers on how to cancel their contract if they feel T-Mobile’s change of fair use policy will significantly impact their mobile internet use.

#20
spritey
T-Mobile tried the same trick with roaming charges – saying they were “Additional Services” so could be changed without letting people cancel without cancellation fee.



I cancelled 3 contract phones with the 3 network when they abolished "3 like home", 2 of the contracts had only been started 6 weeks previously. They did offer me £5 off line rental for life but decided to cancel and sell on the phones :)
#21
anyone noticed a speed drop on youtube etc as well in the last few days?
#22
Bully
I cancelled 3 contract phones with the 3 network when they abolished "3 like home", 2 of the contracts had only been started 6 weeks previously. They did offer me £5 off line rental for life but decided to cancel and sell on the phones :)

T-Mobile fight you on things hard.. Really hard..

I’ve cancelled an Orange contract with a similar change before, all i did was call up..

T-Mobile however.. Went all the way to small claims court.. Wish i had just gone to CISAS instead, as that would of been more successful.. After submitting a defence and myself providing a response, i was required to submit a change... Which cost more money.. So i just let it expire.

The one chap on moneysavingexpert who won – had to do so much research and submit such a lengthy claim in order to support his case.. It almost doesn’t seem worth it, particularly when they’re prepared to fight it all the way.

CISAS however – it’s free and there have been example cases where they side with the customer in these instances.

This contract change though – it’s getting quite a bit of press attention..

BBC News, Techradar, Which?, ZDNet UK, and various blogs on the Guardian and wallstreet journal.

Going to be hard for T-Mobile to duck this one.

Edited By: spritey on Jan 12, 2011 09:19
banned#24


Interesting. I have 2 of my 7 mobile contracts with t-mobile. (Bought in this offer) Dunno if its worthwhile going for them as this deal is only £7.50 a month...... but I do like to bitch slap mobile phone companies! Strangely, for my other littluns contract with 3 thats up shortly (and costing £3.24pm for 100 mins, unlimited text and land line calls including a phone) has just been swapped for 300 mins/texts (he doesnt use text so its a good exchange), unlimited landline and 2GB internet for £5pm...... I could transfer those numbers into that deal I guess!

Weird though...... They haven't even contacted me to inform of this change!

.

Edited By: guv on Jan 12, 2011 12:09
banned#26


I wouldn't mind a couple of those £430 cheques!
#27


Think that letter takes it a bit far asking for £30 compensation for stationery costs and pursuing a complaint to Ofcom!

Think you could cut the template down in size by half and still get them to agree the cancellation of your contract.


Edited By: loop on Jan 12, 2011 13:27: .
#28
Call Ofcom now: 0300 123 3333 or 020 7981 3040

Register your complaint - the more people complain - the more seriously they'll take this.
#29
Just wondering, if t-mobile don't txt you saying this, will they send a letter or just not bother? just intrested if legally there allowed to do that?
#30
fridgehead
Just wondering, if t-mobile don't txt you saying this, will they send a letter or just not bother? just intrested if legally there allowed to do that?

Nope - need to give you 30 days. They will fight tooth and nail though..

Complain to Ofcom - press attention has been massive. I've put in my complaint, having been told they're "Looking into this". The more complaints they receive, the more pressure there is on ofcom to release an official statement and stance on the subject.
banned#31
spritey
Call Ofcom now: 0300 123 3333 or 020 7981 3040

Register your complaint - the more people complain - the more seriously they'll take this.


Done and case number given.

They advise also to register with the other lot you mentioned on 0207 520 3872

They said you had to put your complaint in writing and include everything you consider to be detremental. (including potential future charges and the fact the contract would never have been taken out.)

If I'm honest, I'm not really even that bothered. One sim is in my spare iPhone and rarely used. the other in my youngest's phone, who rarely even takes it out the house (and uses wifi indoors!) But hey... I love a row! X)
#32
Wow.

Im on the phone to OFCOM right now...
#33
OK, I spoke to OFCOM, I was told that they had recieved a large volume of complaints over the past few days.

They said that although they cannot help with individual claims it is their job to investigate companies when a pattern of potential misconduct has occurred. Although they were not able to provide me with any solid numbers they were happy to describe it as "a LOT". Make of that what you will.

I was informed that the first step would be to call T-Mobile and voice my concern, then make a formal complaint. If that complaint is unresolved after 8 weeks or reaches a deadlock then to contact CISAS on #02075203827

I did this and was offered a one time credit of £5.

I stated i didnt think that was sufficient and asked if i would be able to cancel the contract without a termination fee, I was advised that this would not be possible.

I then stated that i would like to make a formal complaint and was given the following address:

T-Mobile (UK)
Customer Administration
6 Camberwell Way
Doxford Technology Park
Doxford
Sunderland
Tyne & Wear
SR3 3XN

I will be sending them a letter in a day or two, im going to wait for a little while to see if any form letters become available.

I would urge anyone who is affected to call OFCOM on #020 7981 3040

They were helpful and friendly.
#34
So if I don't ever get anywhere near 500mb per month, and never have, I have no chance of ending my contract early?

I still haven't had a text btw either
#35
Total BS that they are telling customers that they have not went over 500Mb in previous months, in which way is this relevant? What if a person decides they want to sign up for Spotify in future months or other cloud services?!

The past is the bloody past and what people signed up for was a 3Gb allowance.




Edited By: thrustmaster on Jan 12, 2011 15:45
#36
sancho1983
So if I don't ever get anywhere near 500mb per month, and never have, I have no chance of ending my contract early?

I still haven't had a text btw either


It would be harder to prove the change in terms and conditions was to your detriment.
#37
loop
sancho1983
So if I don't ever get anywhere near 500mb per month, and never have, I have no chance of ending my contract early?

I still haven't had a text btw either


It would be harder to prove the change in terms and conditions was to your detriment.


See i dont understand how it can be legal at all without at least letting the customer know. Surely you can't just can't change peoples contracts without letting them know?
#38
Serj

I will be sending them a letter in a day or two, im going to wait for a little while to see if any form letters become available.

I would urge anyone who is affected to call OFCOM on #020 7981 3040

They were helpful and friendly.


Got this on the little fluffytoys website, see if its any good for you, I am not too sure I ll be affected as I have a business contract with tmobile and I have not gotten a text, plus my account manager @ tmobile informed me that if I have used over 500MB within the last 6 month, I will not get changed over to 500MB not to sure if that is true or not.


Tom Alexander
Chief Executive Officer
Everything Everywhere Limited trading as T-Mobile
Hatfield Business Park
Hatfield
AL10 9BW

11th January 2011

Dear Mr Alexander

I hereby terminate without notice my contract with your company under phone number [our number], due to your company’s breach of its obligations under our contract. I require my PAC code to be sent within seven days of receipt of this letter, and that you do not allow my number to lapse until it has been transferred to a more respectful service provider.
The contract with T-Mobile defines Price Plan Service as a Service included in the price plan, and an Additional Service as an optional extra Service that can be added to the account. Since data is required and not optional for Android contracts (plainly visible on your website even this afternoon), data on T-Mobile Android contracts is a core Price Plan Service and not an Additional Service.
The contract further defines Price Plan as the bundle of Price Plan Services for which the Price Plan Charge applies. This bundle of Price Plan Services includes 3GB of data for direct Android contracts.
T-Mobile is offering its Android customers what they currently have, 3GB of data, for an extra £15 per month. This is indisputably a rise in the price of Price Plan Services to which the Price Plan Charge applies.

For your direct Android customers, the 3GB data allowance forms an identical part of the core Price Plan Services as the inclusive minutes and texts. You can no more reduce my data allowance by 2.5GB and then offer to sell it back to me for £15, than you could take away 300 of my inclusive minutes and then offer to sell the same 300 minutes back to me for an extra £15 per month. It’s a ludicrously transparent deception to attempt to disguise this price rise in this way.

Since the Price Plan Charge for the Price Plan comprising the core Price Plan Services has risen by £15 per month, this is substantially more than any increase in the Retail Price Index for the previous 12 months, and thus under clause 7.2.2.3 of the contract, I am writing to immediately terminate my contract with you.

In addition to being in breach of clause 7.2.2.3 with all your Android direct customers, I am giving you formal notice that since T-Mobile intends to modify a condition in a contract with a consumer which is likely to be of material detriment to the consumer, specifically the data allowance as part of the bundle of Price Plan Services to which the Price Plan Charge applies and which forms part of the contract for all Android customers, you have a duty and furthermore an obligation under clause 9.3 of the Ofcom general conditions under section 45 of the Communications Act 2003 to tell all Android personal customers, whether or not they came to T-Mobile directly, that they have the ability to terminate the contract without penalty if the proposed modification is not acceptable to them, furthermore that you must give them 28 days’ notice rather than the 21 days that you did.
I also revoke any automatic payment mechanisms you have in place for either account with immediate effect, and thus any further automated collection of payments constitutes fraud on T-Mobile’s part.

Any attempt on your part to claim early termination fees should be pursued through the courts, which I will be absolutely delighted to defend.

Yours sincerely
#39
Just been onto my tmobile to try and figure out what I have got. Under my price plan it says "Capped Data Rate, recurring cost: free"

Can' see anywhere what my allowance is, or even any reference to a FUP. Haven't had a text off them, but would like to know what my allowance actually is
#40
Stop panicing!!!


http://support.t-mobile.co.uk/help-and-support/index?page=home&cat=DATA_CHANGES

T-Mobile Statement:

“On Monday 10 January 2011 we announced that, in line with the rest of the industry, T-Mobile would be reducing its Fair Use Policy for data usage to 500MB a month for all mobile phone customers. Following a further review of our policy, these changes will now be introduced from 1 February, to new and upgrading customers only - not existing customers.

There will be no change to the data packages for existing customers for the duration of their contract and we apologise for any confusion caused. The revision to the Fair Use Policy is designed to ensure an improved quality of service for all mobile internet users."

Lysa Hardy, VP, T-Mobile UK

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