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Cellular Phone Forum / General / General Topics / June 2004

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Help!!  What's T-Mobile trying to do to me??

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Kevin Spears - 28 May 2004 02:20 GMT
Someone tell me if I'm not being fair about this, because I feel
T-Mobile has no right to pressure me like this.  I'm a new customer..
My wife and I opened new contracts with the Detroit Regional
Smartaccess 3000 plan a couple months ago.  Seemed like a pretty good
deal.  About a month later, looking at her "My T-Mobile" page, my wife
discovered a better calling plan with the cryptic name of "SmartAccess
DLR 3000".  So we went to a T-Mobile store and asked about it.  The
dealer had never heard of it so he called customer service.  The CS
person had never heard of it so she put us on hold to go get a
supervisor.  She eventually came back and said yes the plan is
available to us, it is a new promotion that was only a few days old
which is why noone had heard of it.  Naturally, we requested the
customer service person to switch our service over to the better plan.

So now its about 3 weeks later and we're getting urgent phone calls
and text messages from T-Mobile CS.. The text message says "Your
account requires immediate attention.  Please call 888-487-3783 to
handle all issues.  A change in service will occur if no contact
made".

When I called the number, I was told that somehow they made a mistake
and gave us a special calling plan that is only for T-Mobile dealers.
They said they had no choice but to change us back.  I told them no, I
do not authorize any change in the service, and she said "Oh, so you'd
like to cancel your service altogether then?"  We went back and forth
like that for a few minutes.  She just was not understanding how I
expected them to make good on a rate plan they said we were eligible
for and switched us over to!  I finally told her to have her
supervisor call me and we'd discuss it.

So am I wrong to expect them to keep their promise?  As far as I'm
concerned, a deal's a deal!  The way I see it, their CS people must
not have the right training, their business system isn't sophisticated
enough to prevent an incorrect change from being made, and their
website doesn't display the correct rate plans.  Why is this MY
problem and not theirs??
R?bert M. - 28 May 2004 03:03 GMT
> So am I wrong to expect them to keep their promise?  As far as I'm
> concerned, a deal's a deal!  The way I see it, their CS people must
> not have the right training, their business system isn't sophisticated
> enough to prevent an incorrect change from being made, and their
> website doesn't display the correct rate plans.  Why is this MY
> problem and not theirs??

If you have it in writing, dont let them talk you out of it.

Just let them know you'll be contacting your state's Attorney General.
Agelmar - 31 May 2004 13:43 GMT
>> So am I wrong to expect them to keep their promise?  As far as I'm
>> concerned, a deal's a deal!  The way I see it, their CS people must
[quoted text clipped - 6 lines]
>
> Just let them know you'll be contacting your state's Attorney General.

Nice try... if you look at any cellular contract, just about all of them
have a clause that allows cancellation without cause by the carrier.
DevilsPGD - 31 May 2004 23:16 GMT
>>> So am I wrong to expect them to keep their promise?  As far as I'm
>>> concerned, a deal's a deal!  The way I see it, their CS people must
[quoted text clipped - 9 lines]
>Nice try... if you look at any cellular contract, just about all of them
>have a clause that allows cancellation without cause by the carrier.

Sure, but if you push it, you'll find that many states have laws which
invalidate this clause.

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Mark E. Daniel - 28 May 2004 03:07 GMT
> So am I wrong to expect them to keep their promise?  As far as I'm
> concerned, a deal's a deal!  The way I see it, their CS people must
> not have the right training, their business system isn't sophisticated

T-Mobile's customer service has training?  LOL!  News to me!  But then I
hate canned answers and scripted calls.  I can get that off a website.

It is true that T-Mobile provides the most bang for the buck.  If one
wants their phone to work in their basemet (at least mine) it's gonna
cost $20-30 more and be with Cingular or AT&T.

You should go as far up as you have to go to get them to honor what they
said they would.  The unfortunate thing for a carrier like T-Mobile is
they have many retailers as well as corporate stores selling their
service and said places at times contain monkeys that will say anything
to sell service...  But that doesn't apply this time.  If they do want
you to chanhge and refuse to let you keep the plan their employee
quoted, and then want you to terminate srvice, I wouldn't pay any ETF
for that.
Carl. - 28 May 2004 08:09 GMT
> Someone tell me if I'm not being fair about this, because I feel
> T-Mobile has no right to pressure me like this.  I'm a new customer..
[quoted text clipped - 3 lines]
> discovered a better calling plan with the cryptic name of "SmartAccess
> DLR 3000".

What exactly is the rate?  How did you find it on the web page?
David L - 28 May 2004 08:59 GMT
> Someone tell me if I'm not being fair about this, because I feel
> T-Mobile has no right to pressure me like this.  
[quoted text clipped - 3 lines]
> handle all issues.  A change in service will occur if no contact
> made".

Interesting. They made a mistake and put you on a dealer plan.

My first instinct is to tell them "a deal is a deal" and I have it in
writing. In reality T-Mobile will likely generate all kinds of time
consuming paper work and communications and bug you. I'd be tempted to
stick to my guns and see how it plays out. Imagine a Cellco getting
the short end of a contract:-)
It's also interesting they are giving you the choice to switch or your
account terminated. Not exactly the kind of approach which promotes
compliance.

There's also the issue of some poor, underpaid CS who made a big
mistake. Again, how would T-Mobile respond to some poor, overwhelmed
customer who discovered they had made a mistake, 3 weeks after signing
a contract and wanted to cancel?

If you have the time to play, it might be interesting to see if you
could win. At the least, they should throw you some kind of
substantial bone, for all the trouble.
Maybe there's some other option, besides the fight or termination.
Keep us informed how it plays out.  
Get some sound advice for a plan of action, before doing anything.  

-
David
DevilsPGD - 28 May 2004 22:13 GMT
>My first instinct is to tell them "a deal is a deal" and I have it in
>writing. In reality T-Mobile will likely generate all kinds of time
>consuming paper work and communications and bug you. I'd be tempted to
>stick to my guns and see how it plays out. Imagine a Cellco getting
>the short end of a contract:-)

Perhaps offer them the same termination penalties that are available to
the user, should the user decide to cancel the contract 3 weeks in?

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Kevin Spears - 29 May 2004 05:35 GMT
> > Someone tell me if I'm not being fair about this, because I feel
> > T-Mobile has no right to pressure me like this.  
[quoted text clipped - 29 lines]
> -
> David

I decided to play with them a little today.  Where we left it
yesterday, a supervisor was supposed to call me to talk about it.
Rather than call me, they repeated their text message threat.  So, I
decided to call CS again, this time with a tape recorder going.  I
mean, they record the call, so why can't I?  I made sure to inform the
CS person that it was being recorded, of course.  I should make it
into a .WAV and post it as a binary.. funny stuff!

Her: "Uhh.. recording?? YOU CAN'T DO THAT!!"  
Me: "Sure I can, T-Mobile does it so why can't I?"  
Her: "Well, T-Mobile is a company.. I could put my supervisor on.."
Me: "Sure."
(Long Pause)
Her: "Sir? My supervisor told me not to give you any information and
to disconnect the call.."
Me: "So what happens after you disconnect"
Her: "We're going to cancel your service." (click)

So, we'll see what happens.  The phone still works, that's all I know
:)
Eric - 29 May 2004 19:18 GMT
(Kevin Spears) wrote:
> Her: "Sir? My supervisor told me not to give
> you any information and
> to disconnect the call.."
> Me: "So what happens after you disconnect"
> Her: "We're going to cancel your service."
> (click)

If *they* disconnect your service after an exchange like this, I would
tend to think that it would eliminate you being responsible for an ETF
fee, since they cancelled and not you.

I wouldn't let them change that plan without a HUGE fight.  It was their
fault and you were promised this plan and they should have to honor it.

Eric
John S. - 28 May 2004 13:20 GMT
>Why is this MY
>problem and not theirs??

It ver well could be their problem. However in this instance it loos like their
problem is translating into a problem for you.

--
John S.
e-mail responses to - john at kiana dot net
Kevin Spears - 25 Jun 2004 02:57 GMT
> >Why is this MY
> >problem and not theirs??
>
> It ver well could be their problem. However in this instance it loos like their
> problem is translating into a problem for you.

Well, T-Mobile has finally done the unthinkable.  They cancelled my
account because I wouldn't agree to accept less service for more money
than the contract I was in!  I'm thoroughly disgusted with this
experience.  And then just to add insult to injury, they sent me a
bill a few days later!

I'm trying to figure out how I should handle this.  Seems like I
should have some legal recourse against them.  Isn't this called
breach of contract?  Anyone have any idea how to move forward with
this?
Steven J Sobol - 25 Jun 2004 03:21 GMT
> experience.  And then just to add insult to injury, they sent me a
> bill a few days later!
[quoted text clipped - 3 lines]
> breach of contract?  Anyone have any idea how to move forward with
> this?

I'd call a lawyer. You will probably have to fight with them (and, IMHO,
you SHOULD).

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JoshIII - 25 Jun 2004 05:36 GMT
Yeah sounds like all it will take on this case is for T-Mobile to receive
just one official letter from a lawfirm making reference to a state law or
code showing a clear breach of contract, and they will bend over backwards
to waive the cancellation fee and final bill.

While you are at it, have lawfirm courtesy copy the offical letter to the
Attorney General for the state you are in.

My cousin, who is a lawyer, had to do this same thing with an auto insurance
company after a wreck he had where it was the other guys fault.   The minor
dispute was over depreciation, which the other guy's insurance company was
not going to pay until they got the "official letter" from lawfirm cousin
worked for at the time.  This is all it took.

> > experience.  And then just to add insult to injury, they sent me a
> > bill a few days later!
[quoted text clipped - 6 lines]
> I'd call a lawyer. You will probably have to fight with them (and, IMHO,
> you SHOULD).
John S. - 25 Jun 2004 14:11 GMT
>Anyone have any idea how to move forward with
>this?

Dig very deep into your pockets for the large quanitiy of money for legal fees
that you will need.

Even if you win, your judgement might be only for the cost of the last bill or
so.

Change companies and move on.

--
John S.
e-mail responses to - john at kiana dot net
 
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