Want to cancel your T-mobile contract? Here’s how to do itSeptember 16th, 2009 • 138 Comments
So T-Mobile, then. We’ve promised you some answers and we’ve delivered. Last week the service provider told you it was increasing the cost of international roaming by up to 120 per cent, and then told you roaming charges aren’t covered by your rights to cancel without charge, meaning you don’t even have the right to complain, let alone cancel. We disagreed, and got to work sifting through contracts and talking to folk far more clued-up than us. Trust us when we say we’ve had off-the-record conversations with the right people on this matter.
What are T-Mobile up to?
T-Mobile are claiming you have no right to cancel your contract without paying a penalty – even if the changes will cause your bills to increase (often referred to as financial or material detriment) – because the proposed increases fall outside the terms of your agreement. That’s not strictly true; in fact T-Mobile have created an artificial loophole in your contract to prevent you having any rights in this instance, one that no ordinary customers would be expected to spot.
If we go back to T-Mobile’s Terms and Conditions, your Agreement is defined as:
- The contents of the Terms and Conditions themselves
- The “What it Costs” Booklet for the relevant Price Plan
- The “What it Costs” Booklet for Non Standard Charges
Charges for international roaming are in the Booklet for Non-Standard Charges, so they are clearly part of your agreement with T-Mobile. There’s no question of it whatsoever – so what’s the problem?
In clause 2.11 T-Mobile says it has the right to change the Terms, while in 2.11.2 states the customer has the right to cancel the Agreement without a cancellation charge if there is a change that will cause material detriment. This is where the definitions come unstuck – the Terms are treated as a separate entity to your Agreement, and while the Terms are part of your Agreement, your Agreement isn’t part of the Terms. By using the word “Terms” instead of “Agreement” in the clause above, T-Mobile are restricting the cancellation right to the Terms themselves.
So when you reach clause 7.2.3 where T-Mobile explains the customer’s right to cancel without penalty, you discover this is restricted to changes in Terms or Price Plans only. Nothing in your rights applies to changes to the charges in the “What it Costs” Booklet for Non-Standard Charges, even though are undeniably part of your contract since they’re included your Agreement.
Is it legal?
The bottom line is that T-Mobile are trying to use legal penmanship to confuse you and restrict your right to cancel, even though the proposed price increases affect your contract with them. So the question isn’t whether the contract gives you the right to cancel without charge – T-Mobile have deliberately engineered it so it doesn’t. The big question is - is your T-Mobile contract unfair and against the law? That’s obviously a matter for the courts to decide, not a couple of daft lads in an office like us. However, in our opinion this behaviour falls foul of both Ofcom guidelines and consumer law, specifically the The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). We won’t go into the reasons here – you can read those in in the letter templates we’ve provided below.
General stuff on cancelling contracts and the law
If by this point you’re full of hell and want to cancel your contract, a note from us – you’re a big boy now, the decisions you make are your own. We’re not telling you to terminate your contract – we’re happy to offer advice and tools to take your fight further, but ultimately you are responsible for your actions. Got it? Good.
- you don’t need T-Mobile’s consent to terminate a contract. You can always terminate a contract and stop your direct debit by informing your bank. The issue is whether or not you’ll be liable for damages for breach of contract or other charges, and whether these costs would be unenforceable and declared as unfair under the UTCCR.
- the law and not the contract governs, so unfair and artificial restrictions in the contract will be unenforceable under the UTCCR. Again, consumer law beats a contract every time. The ultimate decision is for the Courts – not T-Mobile. The supplier’s opinion is not determinative and nor is that of the regulators. Only the Courts can say whether a term is fair or not.
- ultimately, if you refuse to pay termination charges on the basis they’re unfair, will T-Mobile be prepared to sue you for a Court Order? If they do –you have a defence. No summary enforcement is allowed where there is a genuine dispute so they cannot collect disputed sums as debts.
What you need to do if you’re going to terminate your contract
- If you do nothing you will be treated as accepting the changes and will not be able to change your mind later
- Check the date of any text or other advice to you – if you do want to terminate you must do so immediately and within 30 days of the notice given to you of the increase
- we’ve prepared a Termination Template letter (well, a friend prepared it) - just add your details and select from the options and post. Keep a copy and send it by registered post.
- The contract requires that you must terminate by telephone, so do this as well. Remember, you are telling and not asking them.
- You need to pay for any items/use for the last 30 days—not included in your advance monthly payment. If you’ve incurred such charges, call and find out what they are.
- You can cancel your direct debit and send any final payment for any extra charges for the last 30 days by a cheque marked “in full and final settlement of all obligations.” They may try to charge you a Payment Handling Charge for this.
- If you are still within the minimum term, you might like to take individual legal advice and/or at least find out what T-Mobile would claim from you in charges, so you know your potential exposure if the court found the term was fair in your case.
- If you want to complain to Ofcom, that’s certainly a very good way to pile the pressure on T-Mobile – see the Ofcom Template letter below.
- If you also wish to complain to the Office of Fair Trading, we thought of that too.
Finally, just so we’re we fully understand one another – please don’t take any of this as legal advice or a substitute for legal advice. We assume no duty or liability to you – if you’ve been out drinking with us, you’ll know we can barely assume duty or liability to ourselves.
” I bought a phone with a t-mobile contract from an internet vendor BuyMobilePhones.net. The phone malfunctioned, as the contract is with T-mobile can I take it back to the T-mobile store for them to action the repair….? or do I have to send it to the original vendor
Back to the original supplier of the phone – tmobile are you provider of service.
Posted by Luke • August 25, 2010 at 8:07 pm Advice please,
I am on a set monthly contract with T-mobile. However, they have charged me four times my usual amount for the month as i ”went over my amount”.However, I agree that i went over but not to the extent they are charging me for. What would happen if I cancelled my direct debit with them? Can I get in legal trouble?”
Why take out something your are not willing to pay for? The charges are clear and there are many ways you can check your usage…… You cancel your direct debit, they will Chase you for a few weeks and then pass you strata debt onto a debt collection agency. Therefore affecting your credit rating ect. Get a grip and pay your dues!
Posted by steve • September 18, 2011 at 5:35 pm Hi guys,
Ive been having loads of connection problems with t mobile since the merged with orange, i’ve tried many times to cancel my contract but they just say ” all we can do is discount your bill” but this still means i’m paying for poor service… the other option is they want me to pay a 300 pound cancellation fee
Poor service is better than no service…. Have u tried to call them and try and resolve the problems rather than trying to cancel.
No Service they would possibly look at cancelling if a mast was taken down in your area resulting in 0 coverage.
Posted by Edward • November 10, 2011 at 2:54 pm Hi, I have a big problem with tmobile, i am comming to the end of my contract but i have been unhappy with the service i was provided with, i took it out last year in april for a 2 year deal paying £25 a month, the phone broke 3 times within two years but i still paid my contract, i have since sold my phone (to many problems with it) and am looking to cancle my contract when it runs out in the new year, i was just wondering if their was a way in which i could cancle it early due to the circumstances mentioned about”
You sold the phone……….. Why didn’t you use the money you made from selling the phone to pay towards paying off your contract?
I have a contract with t-mobile for 24 months and now it past like 5 months and now i want to cancel it and do another contract.
Please let me know if you know how to cancel.
Thanks for every other excellent article. The place else may just anybody get that type of information in such a perfect method of writing? I have a presentation next week, and I am on the look for such information.
I have been trying to cancel my T mobile contract for 3 months (expired 10th October 2011). Firstly I wrote a letter to infrom them that I was cancelling then I stopped the direct debit. I then got a reply saying that I had to phone 150 to cancel. I phoned 150 but was hanging on each time for over an hour so I wrote another letter stating this. I then got another letter through with asking me for 2 months payment and stating again that I would need to phone 150 to cancel. Surely my 1st Letter in writing is notice of termination ?
Any advice please
I need your advice how to break the contract under the name of other person (family plan). Thank you. Michael
I need your advice! I have been with T-Mobile for many years now and have just got a job abroad, I called them up to say I wanted to cancel my contract and was surprised when I was told I had to pay a cancellation fee. I would mind otherwise if the fee was under £100, but it is way more than I can afford. What can I do?
hi my name is shelley,ive had my tmoblie for year now,its costing me a fortune,you saying that ive got so many minutes and free txts,im not going over and still getting charged,my contract does not run out until next year,i would like to use the same phone, but change to pay as u go with you,i just can’t afford it,sometimes its 50 pounds a month, which is a lot when ive got a family, have you got any ideas, my brother said you were good, but ive had a lot of problems, thank you for understanding my situation .
There’s an awful lot of people here wanting to get out of contracts asking for advice on an article that is over 3 years old…
What stops any of you selling the phone, and using the money to buy the contract out!? (ie pay all the remaining months off in one go).
I am guessing you all got the phone ”free” at the start of the contract…therefore you need to pay out the full contract in order to pay the network back for that original ”free” phone.
This country is in the dogs because of people that get now, then don’t want to pay later… a bit of financial responsibility wouldn’t go amiss….!!!
I have recently moved and T-Mobile have network in my new post code, T-Mobile offered ro cancel my contract free of charge if I returned the handsets. I have done and have the recorded delivery proof and I have now been told by T-Mobile that I have to pay the early termination fee and they are keeping the handsets, this I find shocking as I have taken out a new contract on there advice and now have two bills instead of one !!! Disgusted and I would highly advise anyone not to take out a contract with T-Mobile
Sorry for this contract iam jobless i dont have money to pay T MOBIL im so sorry.
I had a 18 months contract that expired in November. I am out of the UK for a while and t-mobile did not terminate my contract. When I called to speak with someone I was told cancellation was not automatic. The contract was then fixed to be terminated on January 15th 2012 with loads of charges. How do I get this charges cancelled since it is outside of my contract term?
T mobile have just offered to cancel my contract and take the handset back and NOT charge me an early termnation fee!!! WOW ..
How did I do it? Well you have to play the game and complain and complain. Anyway long story short I have a 2 year CONtract with Tmobile and a Iphone 4. I have experienced dropped calls because of poor coverage and have made 100s of calls to Tmobile with just being fobbed off and led down the garden path with blatent lies. First they ask you to provide examples of times and dates of failed the calls wich I have done several times and it’s just a time wasting process to string you along hoping you will go away wich most people do. Their technical department have all the dropped calls in front of them! as I found out when speaking to them. I argued that they could not provide me with the service they had promised me and after 12 months into the contract the lady from complaints agreed cancel. However this was after kicking up a hell of a fuss,getting phone replaced,many many credits and a reduction in line rental until the end of my contract. So they think they are cleaver well now I pay £15 a month for unlimited calls,texts,web and have a few free add ons i.e 1 hour 08 numbers,Apple upgraded me to a 4s because I told them it has 4 antenas. I could go on but the point of my little story is to turn you problem to your advantage like me. I now have an iphone 4s unlimited calls,web ect for £15 a month with loads of compensation, now thinking I can live with the dropped calls..
Tmobile did lie to me and say temperary repairs had been carried out on the mast and the will fix the problem for good in a few weeks. I lost interest for a few weeks called back and they had no record of my conversation….So make notes as they do call em once a week for updates both ways and ask for proof repairs have been done. Under the sales of goods act the law is on the consumers side and lucky for me I had worked in retail for a few years so know more than the average person but its nothing you can’t find on the net.
If you lose your job or move abroad they can cancel a contract (duty of care).
Final point when contract was taken out I was told free calls to all networks ect what about lybra and the others?! well I got refunded for the calls they charged me for and now have a tarrif (the full monty) which includes these networks in your free minutes.. Im not saying that was down to me but if everyone everywere compained more Tmobile and the likes would rethink. The one thing that really got the lady from complaints wound up was when I requested a copy of all the data they have on me including the notes from all the different department and proof of all works carried out on the mast. The pause was long!! but I did not break the uncomfortable silence just waited.
SO PEOPLE DON’T TAKE NO FOR AN ANSWER AND GROW A PAIR OF BALLS RESEARCH YOUR FACTS AND DON’T LET SOME SNOOTY GIRL FROM TMOBILE TELL YOU WHAT CAN BE DONE YOU TELL THEM!!!!! sorry I went on a bit but thats what you have to do with Tmobile. Theirs always a wayout you just have to find it don’t be bullied and don’t give in make it as hard and long winded for them as possible. How much time does Linda in complaints have!!! Xs your compaint by 10 and thats her week filled and your contract cancelled and try and do it by email or letter so you have evidence it is so convenient for them to omit notes in your favour,get them to call you back and complain via Tmobile website email complaints. Compaints section is a bit hard to find on the site but WHY is that!!!! once you found it they have to call you back within 48 hours or you can call 150 and hang for an hour then the call drops in mid complaint…… dont start me off on that….. hope this has helped.. Just thought pay me and I will get you out of your contract £100 a contract lol
if i sign a contract with AT&T and if I leave the country will the take all my property and money in that country?? i bought it through my credit card?? please help!!!
I am not sure the place you are getting your info, but good topic. I must spend some time learning much more or figuring out more. Thanks for fantastic info I was looking for this info for my mission.
i have i phone contract with t mobile for last six month the bill usually over 35 ,min 35 how can i cancel it or go to the lower paid contract by cancelling this one need advice
My 18 month T-mobile contract has now ended? Do I need to notify them that I wish to move to another network, or just request a PAC number? Also, do I need to provide written confirmation to T-mobile to cancel my contract or is verbal confirmation sufficient?
Many thanks in advance for any assistance you can provide.
I’m with T-mobile , I have a 2 year contract expiring February 2013 at £60 a month, because I”m leaving the country for a new job overseas is there any way of braking the contract without having to pay the rest
4 Months ago I received a notifcation from T-Mobile that they were unable to take my DD due to the bank account being fraudulent. Despite being a customer for 7 years and using the same account. Checking with the bank, obviously there were no problems. When trying to pay by card, they said the card had been reported as stolen. No problems at the bank or any other dd or payments with the card anywhere else. I made payment direct from my account manually until this month when they refused that as well. Subsiquently they cut me off! There is nothing wrong with my card or account and the problem is with TMobile. Speaking to their CS just goes in circles and they keep saying the same thing and can I pay through somebody elses account. I just want to go to another provider. Is this just reason to cancel the contract?
I have had a contract with t-mobile for a year now, and i have a 24 month contract with them, however i jave just recently been laid off and can no longer afford to pay for my contract, do you have any idea how much i could be charged to cancel or what would happen?
Take a close look at Clause 2.12.1 – in many contracts it prints gibberish enabling you to cancel on the basis it is deliberately confusing and ambiguous, making it impossible to ascertain what terms and conditions affect the agreement in accordance with the Unfair Terms in Consumer Contracts Regulations 1999 ( Sure it may just be a typo on their part but its enough legally to cancel without paying any charges.)
I have been having on going treatment meaning time of work and set for a long time of work as I have to under go an operation. Despite a letter from my dr to t-mobile stating all this they are refusing to release me from my contracts that I can’t afford to pay meaning I am falling behind on payments and won’t be able to keep paying them. Is there away out? Surely under poor health they would legally have to release me for free
I have 24months contract with T mobile. I allways pay £36 per month.but they allways charge me more than that. My contract past like 5 months.I would like to cancel T mobile contract.
Please let me know how can i cancel with pay a pew money for that but not pay more than 1years of my my contract left.
Mother about to die. After 2 hrs one rep told us had to transfer acct to my partner. I phoned and rudely told she needs to sign a letter ‘or her dr as she hasn’t died yet. No compassion no sensitivity – just rude rude. Does anyone know policy for imminent deceased / deceased cancelling t mob contract. Appalled at service
Does anyone actually reply to your posts on here or do they just submit their own problem grrrr frustrating
Some good and bad comments on here. Firstly, I love these stupid people who say ” my bill should be 35quid a month but they keep charging me extra”.. Check your bills!!!!!! They can’t just add money for no reason, it must be something u don’t realise. Why just pay a bill without querying!???!! Secondly, You can request to cancel at anytime HOWEVER, you need to pay off any remaining line rental in a lump sum. BUT, tmobile will give a 4% discount and if its still to much you can pay in installments. I did this with 7 months left at £30 a month. They split it into 4 payments and I made the money back when I sold the phone on eBay
What can I do if my contact is registered by Vista, and when I go to Tmobile the cliek call the service and I said I would pay the bill. as if they what to make sure what will I do, I have nothing to say and told them I would pay.
phone 07916327506 please cancel my contract as from to days date
my address is 170 dalmarnock rd glasgow g40 4dd
This isn’t T-Mobile’s site. Even if it was, you can’t cancel your contract by leaving a message on a forum.
Jesus tapdancing Christ.
t mobile are disgracefull. ive paid all they askef for and still iam getting bills from credit agencies.my advice take them to court.im on benifits. they will be luck to get50p a week off me.ive rights aswell
i wish to cancel my t mobile my contract runs out 10th may , i know i need to give a month notice can i just ring up or does it have to be put down in wriing [ i dont know the address to contact them help
I got my contract phone in August and, when I sit on my sofa I look at my phone and no signal!!! And the internet is pure fuckin shit!! Thinking of just cutting all ties with them and move house!!
All i would like to say is, these mobile phone companies are using legal scams to rob the honest people out of their money, just like the banks and the goverment. legal scams. they all make me sick to the stomach.
hiya im with tmobile for 2yrs not my contract just finish new one and got my daughter bb with them too now i got 2 contract with them im very disppointted with the service ,my daughter bb was faulty keep switch off and freeze but itself this is the second time i send for repaired i been told it’s take 5 attempt for them to give me new handset ,just having enought of this wanted to cancel both my contract and also should i be getting charge vat should it be include with my bill. can you please advice thx you
Having read this I thought it was rather enlightening. I appreciate you taking the time
and energy to put this information together.
I once again find myself spending a significant amount of time both reading and posting comments.
But so what, it was still worthwhile!