Help with TMobile please.

[CleverClogs]

Re: Help with TMobile please.

I am amazed that your solicitor did not pick up the fact that the mobile broadband contract was most egregiously mis-sold and that, as T-Mobile had apparently misrepresented the contract to you, the contract should be completely rescinded as per the Misrepresentation Act 1973.

[RobertDuncan25]

Re: Help with TMobile please.

Thanks for that clever cloggs but the problem he has with that is that we would have to prove it and at the moment its tmobiles word against mine.

[bluebottle]

Re: Help with TMobile please.

The onus is on T-Mobile to prove that the t &cs comply fully with current legislation and that the contract was formed accordingly to law. It is not enough for them to keep repeating they are in the right like a flippin' parrot. They have to prove they are in the right.

[RobertDuncan25]

Re: Help with TMobile please.

Well I have asked t mobile for an original singed copy of the agreement under the dpa back in 2010 or 11 what ever year it was they told me they could not supply me with a copy of this so I asked them again and here is their reply below.

Thanks for your further email.
As you processed your order via our website there was no signed agreement provided to you. As we've advised previously however, included with your equipment was a copy of our Terms and Conditions and information on the Distance Selling Regulations.
I hope this information is helpful.
Kind regards

Tmobile

I argued that if they cannot provide me with an original signed copy of the credit agreement the Scottish courts could not enforce it as the act of serduant or whatever they are called state although the scottish courts will accept a creditors statement that there is a agreement on file when asked in court by the creditor for an original copy of the agreement T mboile has to provide me with a copy by law or the court has to declare the debt unenforceable as t mobile must prove the agreement exists in the first place by proving to the court they had an agreement with me and they can only do this either by providing the court with a digitally siged original copy or a signed original copy as I understand it. What do yous think think I should keep at them for it. Its strange they say there is one but wont provide me with a copy of it.

[swifty]

Re: Help with TMobile please.

We can all see you mean business with these clowns and good on you:thumb:
My wife had a similar experience with Vodafone, she had a call off them asking if she would like to go onto a package deal for PAY AS YOU GO customers that they where doing at the time. She said yes and all was well for a couple of months until she had to phone them for another issue (nothing to do with the deal) and the operator said that she was in a pay monthly contract, she said no that's wrong, she hadn't signed up to any contract and they said she had been using the new sim card for two months and as a result had agreed in to a contract.
She told them that she never received a new sim and is still using her old one, needless to say they put a default notice on her.
She contacted Ofcom and to cut a long story short after a few months Ofcom ruled in her favour, all debts where to be cleared as Vodafone had acted illegally.

Stick with it mate, you'll have justice

[RobertDuncan25]

Re: Help with TMobile please.

I had another reply from tmobile or should taht be t bl**dy idiots.

T mobiles reply is.

Thanks for your further email.As stated in our previous email to you Mr Duncan, T-Mobile aren't governed by the Consumer Credit Act. We're confident that our actions are in accordance with all relevant legislation and we're comfortable in the position taken.
As a business we're obliged to ensure that the information loaded to your credit file is 100% accurate and as this is the case in this instance, I'm afraid we're unable to remove the default from your credit file for you.
Thanks again for your email Mr Duncan. I trust I've made our position clear on this matter.

First of all I did not say anything about the consumer credit act I asked for a Signed or digitally signed credit agreement which they keep refusing to give me as far as I am aware even if they take me to court they still have to prove on my request there was a contract by providing me with an original copy of the contract but t mboile don't seem to agree and further to this they seem to think they can do what the heck they want in law and I note they never touch on my learning problems or the fact I have to get my mum to pay my bills as I am hopless at managing money due to the aspergers syndrome. further to this they fail to touch on the confusion I had over what I signed up for just insisting I signed up for a pay monthly they also failed to deal with the part where I stated that I think due to my mental health problems I was not capable of entering in to the contract in the first place as I could not understand what I had signed up for.

So I sent a reply back or should that not be a long rant I could of called them a useless bunch of you know whats but I thought I better not. Here is what I replied back saying.

I can confirm that if tmobile where to take this case to court they would be required under scottish law after speaking to my solicitor to provide proof the agreement exists in the form of a signed agreement. I remind you contract law states clearly you can only have a contract with a party if you have a singed agreement on file and by agreement I do not mean credit agreement I mean a contractual agreement between me an t mobile. Further to this your failure to provide me with an original signed agreement is in fact in breach of the data protection act 1998. I have an entitlement to see a copy of the digitally signed agreement under the DPA as I have reuqested you to provide me with a copy of this agreement repatedly time and time again you are not in direct violation of the Data protection act 1998 and a compaint will be made to the information comissioner. On top of this your department has consistently refused to acknowledge My learning difficulties and mental health problems. Which I have tried in my best words with the help of my solictior to explain this is unacceptable. By failing to provide me with a copy of the original singned or digitally signed agreement you have comitted a sumary criminal offence uder the law. I stated quite clearly my mental health problems combined with the confusion of you sending me out a pay monthly broadband contract and my inability to read it at the time due to my dyslexia meant that I was in fact unable to enter an agreement in fact I am still having trouble understanding how t mobile would find it acceptable to give someone a pay monthly contract when they were on benefits and as well as that have mental health problems and a poor credit rating with several defaults. As a result of this I must now inform you that my solicitor will now be seeking a private prosecution of Tmobile for non compliance with the data protection act and shall be taking further legal action due to my mental health problems which he feels meant I was unable to enter in to any contract with tmobile in the first place. We shall also be making a complaint to the Office of fair trade and trading standards as well as the information comisssioner with regard to your non compliance with the data protection act.

If I have to I will play t mobile at there own game but it may get nasty before I give up as I aint going down without a fight.

[RobertDuncan25]

Re: Help with TMobile please.

Up date for yous guys and gals. Failing to get a signed or digitally signed copy of the contractual agreement between me and tmobile I have now written to the information comissioner to ask him to consider if t mobile is breaking the data protection act by failing to provide e a copy of it. I ad determined I a going to win and tmobile will be sent back to cry under the stone they came from they really are the most annoying and awful customer service providers I have ever had from a mobile company in my life.