T-Mobile Complaint - TMobile's Breach of Contract (and terrible service)
I am disputing my contract and my billing with TMobile. I bought TMobile service on Dec 20, 2009. The service was not as represented at my home (it was terrible, poor/dropped calls or not available at all), so I took the phone back to cancel service on Dec 31st, but the lines were so long, I left after waiting for over an hour. Also, the local stores were closed for 4-6 of the 14 days between Dec 20, 2009 and Jan 3, 2010.
I went back to Costco, where I purchased the phones, to cancel service and return the phones on Jan 5, 2010. I was asked to consider a 'better' phone with better reception. I relented and agreed to try a different phone.
I tried using the phone over the next 10 days at my home, service, even standing outside, was not good (at best it was poor) or unavailable. I went back to COSTCO again, on or about Jan 16, 2010 and waited for nearly an hour and had to leave again without being helped.
After the first billing came in from TMobile we sent a communication to TMobile that the service was not just unacceptable at my home, but also unacceptable and unavailable at several spot along I-196, where I specifically asked and was shown maps showing there was service.
The contract for services provided by TMobile was obviously a mispresentation. The service is much worse than any other mobile service provider. My other firm’s mobile service with Verizon is excellent.
I stopped by COSTCO at least 5 other times to return the phones, but the service representative was always busy with several people standing in line (note: the COSTCO phone agents were very helpful, just understaffed). I finally was able to return the phones on or about Feb 23, 2010, after many previous attempts (this is a 50 mile trip, each way, to go back to COSTCO which I was told returns had to happen at the place the phones were purchased).
Besides my efforts, I requested my office contact TMobile to dispute the most recent billing, explaining the service agreement was misrepresented and there was a breach of contract by TMobile for this misrepresentation. Also, noting several other contract issues that voided the contract and required TMobile to refund any charges back to the date I first attempted to cancel service.
No TMobile service has occurred (except by the COSTCO personnel) since Jan 2010, the month I attempted to cancel service (I believe only a handful of calls were able to be made on the TMobile service).
My discussions with the TMobile representatives (first Rene’, then her supervisor, Chris) after receiving the TMobile billing due 3/28/2010 were a waste of time, even though I tried for an amicable resolution and spent nearly an hour on the phone.
I have already paid TMobile too much money. The service is terrible and unacceptable and misrepresented by TMobile’s agents. The more I tried the service in Jan 2010 the more I found the service agreed to as unacceptable and a misrepresentation of what was offered.
I want billings already paid be refunded and any other costs billed be deleted and the contract to be shown as voided. As a concession, even though trying to resolve this whole affair has cost thousands of my billing hours, I will pay for phone calls actually made in the first 30 days by me. This will result in an overpayment amount by me and a refund required by TMobile of the difference. I am offering this concession in good faith.
You will see I was unable to use the phones effectively during the first few weeks due to poor service. I did not use the phone at all after Jan 2010.
Bottom line: terrible service, that was misrepresented by TMobile agents, and poor service that discourage or made impossible the ability to comfortably cancel the service and return the phones purchased.
Please refund the monies paid by me (after my good faith allowance for TMobile deducting $43.00 for the few calls made in Dec/Jan 2010. Also, show me in writing the contract is rescinded.
If you do not comply, I will be forced to take this matter to court, as well as to state and local telecommunications officials, plus the appropriate consumer protection personnel.
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