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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. I took out a mobile broadband contract with T mobile in

Resolved Question:

Hi. I took out a mobile broadband contract with T mobile in 2008. In 210 I got a mobile phone from them. I ask them to close the broadband contract and line since I was changing to contract with a good data deal. I took it that all this was settled. A couple of weeks back the said my "old broadbad" was in use in Pakistan and the bill was £ 400+
They are now telling that the line was never cancelled. I stopped using that system since I got the new phone. They are holding me liable for the usage of a line that I asked to be cancelled years ago that they did not. They say there is no such record.
From a legal point of view am I liable? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

How did you cancel this with them? Did they confirm ever in writing that it was cancelled please?

Customer:

Well the way it happened is as follows: Previously bought the broadband dongle for a tmobile shop. 2 years later decided to get a phone. Now this is an over the phone transaction. Called tmobile and aske fro a phone deal. agredd the deal and the agent found that I have another contract with them. I explained that it was not need and please cancel. Confirmation was over the phone. No paer confirmation. Also I have not used the old broadband dongle as 1) I have had it cancelled. 2) I have got a new phone with plenty of data

Alex Watts :

Yes. Have you made a formal complaint to T-Mobile?

Customer:

This happened last month. They are asking me to pay the bill by th message system. I have not. I have ask them to send me the paper bill so I can decide. This will take afew days. I have also asked to terminate the contract . This will take a month from yesterday.

Alex Watts :

When you get this I would write to T-Mobile and make a formal complaint. You can then set out your position and ask them to investigate this.

Alex Watts :

If you are not satisfied with the response then you can refuse to pay.

Alex Watts :

If they try and issue a claim against you in the County Court it would be a small claim.

Alex Watts :

They would need to prove that you did not cancel the contract and that you made the calls. I am sure given that they would have to employ a Solicitor at a cost of £200 an hour, it would not be worth their while/

Alex Watts :

I would therefore firstly make a formal complaint and see what happens then

Alex Watts :

You may also complain to: http://www.cisas.org.uk/

Alex Watts :

They can adjudicate the complaint between you and T-Mbile

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have just find out that there is also an £ 800 bill coming up this month. Last month was £400. Now that I have cancelled all contract(over the phone _) they will probably bill me for 1200. Are you saying that after I get the bill I can formally make a compliant to T mobile. If they go to small claim court do I stand a winning chance based on previous similar? Thanks

Alex Watts :

Yes you can. Small claims are not reported as 99% cases are not.

Alex Watts :

But they will have to prove on balance you have a contract and that you made the calls.

Alex Watts :

Does this help?

Customer:

How can I prevent them from damaging my credit score?

Alex Watts :

If they do then you can make an application to the Court under Section 14 of the Data Protection Act that they correct, block or destroy any incorrect data

Alex Watts :

Is that ok?

Customer:

Thank you

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