I want to sue T-mobile

[splitin]

Hello.

A month ago I made a pre - order for a samsung galaxy with t-mobile. When I talked to them I explained that in the next two week I will be in holiday and they said that I will receive a text a day before delivery so I can reschedule the delivery. After I came from holiday I received a text saying that my phone will be with me in 7 days, after these 7 days I haven't received the phone so I called them and they told me it was delivered and signed by me proving my identity with my passport. The idea is that on 17th I was in holiday and I have my flight details to prove that and had my passport with me. I have been talking to them last week and they said that they will start an investigation and will sort the problem and that they will call me in 2-3 days, its been 6 days after that day and today I caled them back again and the person I talked to said that I signed for the phone and did not believe I didn't receive the phone, while last week before noticing they already charged me gor the first bill. I want to sue them but I want to know how to proceed. Thank you

Kind regards,

[nemesis45]

Re: I want to sue T-mobile

Hi Welcome to LB.

You're a tad hasty talking about suing anyone at present.
You need to raise a Formal Complaint with to top end management of T- Mobile
in whatever group of companies of which it is part.

Trying to resolve such problems by phone as you have found out is pointless.
Customer (dis) service operators have no authority other than their companies
script which is normally based around the words " the computer says)!!

You lay out the course of events which are the basis of your complaint, provide any " evidence"
you have in regards to your where you were when the phone was allegedly delivered.
The company then has 56 days to investigate fully and respond to the complaint, ( you will get the best response by addressing this to the CEO personally).

If the response should prove unacceptable you can then take the matter forward to a court claim if necessary.
A court will expect you to have exhausted all reasonable methods to resolve the complaint before issuing a claim.

nem

[stevemLS]

Re: I want to sue T-mobile

Talk of legal action is premature in my view.

Have you provided them with proof in writing that you were abroad with your passport?

In fact have you done anything in writing with them yet?

You need to, if you haven't already, write a formal letter of complaint to them.

Assuming the response to that is not satisfactory, you could at that stage write a Letter Before Claim - google Protocol on Pre-Action Conduct - whilst it is written in fairly dry language it details what parties are expected to do BEFORE commencing legal proceedings.

- - - Updated - - -

x-posted with em, but we are both saying the same thing!

[splitin]

Re: I want to sue T-mobile

Thank you for your quick respunse. Sorry for not replying as quick as you. EE finished the investigation, they proved that I do not have the phone, and somebody else signed for it. My question now, do I have a case against them ? Assuming that they choosed the delivery company , and the big issue is that they charged me with the first bill while I was talking to the customer service saying to them that somebody else has the phone and my contract. Police is saying that is fraud but they can't do anything. I think that my case could be based on the really poor experience with the customer service, I think I talked to 15 people and just one kind of helped me with this issue. This could be a case to go to court ? Thank you

[stevemLS]

Re: I want to sue T-mobile

I'm not with you, if they have concluded that someone else signed for the phone, was that at your address? What do they propose to do about it?

The billing issue is a red herring, it is not fraud, at the time the bill was raised, they believed they had delivered the phone, so there was no reason not to bill you.

[splitin]

Re: I want to sue T-mobile

Well, That was my point too, the thing I forgot to mention is that they offered me compensation of 20 £. This is were I was thinking if they admit they're mistake...

[DirtySmurf]

Re: I want to sue T-mobile

There is no need for court action at this moment. Have you now received the phone (I assume they have sent out a replacement for you?) and are you now receiving the service that you are paying for? If so then great, your next port of call would be a formal complaint regarding the customer service you received detailing what happened in sequence.

In that you want ask T-Mobile to make sure that your bill runs from the day you started to receive the service you was paying for (the day you received the phone and/or sim and was able to use it) and that any charges made before that are removed. I expect the £20 compensation is what is standardly offered etc. If you feel that once the charges are brought in line to when your service started, that the compensation offered to you for the mistakes and lack of customer service is insufficient then you need to put that in your formal complaint and what level of compensation you deem acceptable (whether that is a cash figure, money credited to your T-Mobile account or a better tariff/ deal is up to you)

Address the complaint to the CEO