[General Topics] daleski75:
Printed and will be posting this tomorrow by recorded delivery.

The Complaints Investigation Department

T-Mobile

6 Camberwell Way

Sunderland

Tyne and Wear

SR3 3XN

11th January 2011

Dear Sir/Madam,

My account number is XXXXXXXX and my mobile number is XXXXX XXX XXX. This is also my daytime telephone contact number XXXX XXXXXX.

I am writing in accordance with your Code of Practice to complain about the recently announced change to your Fair Use Policy, reducing the amount of data available for general Internet use, including streaming, downloading content, music etc from 1GB to 500MB.

Prior to signing up to a new 2 year agreement due to the excellent customer service and generous data allowances I was on a 30 day contract and have always used more than 500mb of data in normal use such as RSS feeds, News, Weather, Web Browsing and Emails and the odd YouTube video.

This change is of material detriment to me. I have always gone above 500mb (both on this contract and a previous 30 day sim-only one) In some months I have exceeded 500MB and, moreover, I was fully expecting to use more per month on average in the future, but within the 1GB fair use limit. This constitutes a material detriment because it reduces the use that I can get from the service. I understand that further data is available at extra cost; this would be of material detriment too, because I would have to pay more to obtain a service matching or exceeding 1GB.

Below is an extract from my previous bill showing the Internet is part of my contract and part of a booster and this was also confirmed by T-Mobile customer services.

“You get 900 minutes, 500 texts AND Internet on your phone on this 24 month plan. Your minutes and texts are from the UK to UK mobile networks and numbers beginning 01, 02 and 03 (excluding Jersey, Guernsey and Isle of Man).”

Given that it is not an Additional Service and that its reduction is of material detriment to me, this change comes under section 2.11.2 of your own Terms &Conditions, and under section 9.3 of Ofcom's General Conditions. The latter states:

9.3 Where the Communications Provider intends to modify a condition in a contract with a Consumer which is likely to be of material detriment to the Consumer, the Communications Provider shall:

(a) provide the Consumer with at least one month’s notice of its intention detailing the proposed modification; and

(b) inform the Consumer of the ability to terminate the contract without penalty if the proposed modification is not acceptable to the Consumer.

I understand that the changes come into effect from 1st February. I have so far as of the 11th of January 2011 NOT being given my 30 days notice by SMS or in writing and had to call your Customer Services department for clarification, so this is in breach of 9.3 (a). In addition, 9.3 (b) gives me the right to terminate the contract without penalty, regardless of the notice period, if you apply this change to our agreement.

I have contacted Customer Services by telephone as per the Code of Practice and spoke to XXX (552) who advised me of the following against my contract.

1. Because of the phone I have (Samsung Omnia 7) it comes with a fair usage allowance of 1GB as standard with the contract and NOT an additional internet booster

2. They could not tell me why the price of Broadband Plus Booster had effectively tripled in price from only a few days ago as this would cost me £50 a month to keep the same or equivalent service.

3. I could not cancel my contract even if I wanted to as they are not charging me if I go over your new limit

4. I should get notified soon about the change to my terms and conditions, which are not within the 30 days, notice period.

I was then advised by XXX (552) a manager in Cancellations, that I would not be able to cancel without penalty despite the above points (9.3) but they would offer me a £2.50 reduction to my bill, which still leaves a gap of £12.50 for the Broadband Plus Booster to get the same or equivalent service, which I was originally sold.

I am very unhappy with your response and am therefore writing to you in accordance with your Code of Practice.

I am suggesting as a resolution that you either agree to cancel my contract within 30 days without penalty, as per the above Conditions, and issue me with my Porting Authorisation Code or keep my contract the same for the duration that is left with a 1GB fair usage allowance without penalty and no further detrimental changes.

Also included is my full name and postal address below for any further correspondence in writing.

(address)

I look forward to hearing from you.

Yours sincerely

(name)