T.Mobile - Fraud

Phone plan - Complaint
Review by woodymouyaga on 2012-04-27
Rating: StarEmpty StarEmpty StarEmpty StarEmpty Star
VERO BEACH, FLORIDA -- Woody Mouyaga

Dear T. Mobile,

My name is Woody and I live in Vero Beach, FL; I'm writing you concerning my old account with Tmobile.
A year ago, I had bought an used phone from a friend of mine for $40 dollars, so I went to the local store and asked if I could get Only a monthly plan without any contract because the phone was mine. The T. Mobile representative never told me about any contracts and agreed to set up my monthly plan of $50 dollar unlimited text, web and Talk. I never signed any agreements concerning a 2 year contract with you. I used that phone for a year; I was paying varied amount of money more than my monthly payment and I was so disappointed for that.
Last month, the phone stopped working so I switched to another phone operator. I was very surprised to receive a phone call from you telling me that I had to pay $367 dollars due to the early cancellation of my contract. I spoke to several representative about that issue but none of them came to solve it. I had to pay that amount of money because I was afraid for it to affect my credit. I have been a victim of fraud from you and I want to know more about it. If I don't have more info about it, I will then get a lawyer.

While with Tmobile, I have never missed a payment or paid late fee. I was so sorry about the way you treated me back. I would like to see a signed agreement and more contract's document, otherwise, I will need a refund. For more info please contact me to woodymouyaga@Yahoo. fr

Comments:4 Replies - Latest reply on 2013-09-23
Posted by tnchuck100 on 2012-04-28:
The concept behind early termination fees (ETF)is to recover the cost of subsidizing a phone they provide a less than cost.

Since the phone was yours and not provided by them they are not entitled to a ETF.

Send them a certified/return receipt requested demanding a refund. Specify a deadline to receive the refund. Advise them of your intent to sue if this date is not met. Do not bluff.

Failing that, file a small claims case against them. It's a hassle to do but when they are served they will likely contact you to settle the issue. Don't forget to include your filing costs and legal service fees when you settle.

Good luck.
Posted by T on 2012-04-28:
When you spoke with the several representatives, and explained that the phone was bought by you, what was their justfication that you should be charged an ETF. My understanding is the same as Chuck's - the ETF is to offset the subsidized cost of the phone, but in this case that doesn't apply. Good luck.
Posted by Pirate on 2012-04-28:
I disagree and don't believe an ETF has anything to do whatsoever with the cost of a phone or who bought it. It has to do with the agreement you made with a vendor to be a customer for a specified amount of time for a specified rate. A rate of 50.00 for unlimited text, web and talk is unheard of these days which is why you were charged overages - you must not be aware of what plan you actually signed up for.
Posted by wood on 2013-09-23:
I got my refund after 3weeks.. Always speak up.

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