T-Mobile reducing data caps from 3GB per month to 500MB.

Crizzy said:
Not sure if it's been posted yet but this might be some use to someone:

http://www.littlefluffytoys.com/?p=298
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This is the letter they have sent.

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
 
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Nice letter Chronic. For those of you who aren't on Android contracts, and got your data allowance using a booster instead, you can argue that since you get one booster included with your contract, the 1GB data you chose to get with that booster is also a service included in your price plan.

For those of you who bought the contract through a reseller, the way they list their offers usually doesn't specify whether the data is a core part of the plan or if you're getting it through a booster, but in any case it's usually a bundle anyway, so you have an excellent basis to get your reseller to cancel it too if you want.
 
I'm personally not entirely bothered by it. T-Mobile have been pretty good to me and I rarely would use over 500mb a month. Wifi is faster for videos and the like anyway.

Hell I only just got back from India and accidentally ran up a £170 data bill (T-mob govern your data in Europe so my international roming was on... doh) and they are kindly waiving it for me.

From a customer perspective I think they would be better off giving Orange users a broader FUP rather than slamming T-Mob customers but from a personal perspective I'm not overly stressed and won't be cancelling my contract...
 
Cant see it happening, seems like all providers are going to clamp down hard on data in the UK.
Still, it could be worse, i hear it costs an absolute fortune in the states.

Love this comment on Bitterwallet ;)

‘Following a further review of our policy…’
=
‘Following a massive public and media backlash…’


‘…and we apologise for any confusion caused.’
=
‘…and we apologise for not realising our paying customers wouldn’t permit us to forcibly bend over and violate them.’


‘The revision to the Fair Use Policy is designed to ensure an improved quality of service for all mobile internet users.
’ =
‘The revision to the Fair Use Policy is designed to be a customer-shafting alternative to investment in improving the capacity of our network.’
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-edit-
If the language is too bad, mods can you edit please?. Dont know where 'forcefully violated' comes in the chain of inappropriate material lol
 
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So does that mean while you stay with them (and make no plan changes)? Im on the £7.50 SIMO which will go up to £15 end of the year - hopefully I can attempt to get them to reapply the discount as I doubt by then any provider will do a decent data plan without it costing a lot...

ps3ud0 :cool:
 
So when you upgrade, they wont let you keep the data allowance / tariff you are currently on?

Thats still shoddy. I wouldnt want to lose mine when upgrading, but I'm hoping that 3's one plan or something similar will still be available by then.

shine said:
I hate 3, I'd only go back if I had no other choice so I'd rather someone else put together a better package. :D
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3 and T mobile share their masts now, so theres not really any reason not to want to switch between them for better deals as they have the same coverage.
 
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stoke1863 said:
gutted i really wanted to get out of my contract! guess there is no hope for that now
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This is the problem with a lot of people, they probably didn't care a jot about the tariff changing but saw it as an easy way out of paying for something. It's this kind of attitude that has led to these ridiculous fair usage policies in the first place - people taking the ****.
 
I wonder if I remove the booster they gave me from my account online, will they forget to remove the loyalty discount they gave me to cancel out the fee? ;)
 
Glad this is sorted out, I didn't try to cancel my contract (I hadn't even received any notification of the change, so I didn't feel in any hurry!) and am happy to stay on the tariff I agreed to when I renewed if they aren't changing it.
 
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