I have had several problems with the company? The Mobile Solution? In it's in its actions as an agent of T-mobile, and the T-Mobile company.
First, on September 28 I went to their Park Mall location and was inquiring about one of their specials offered to customers that have had been T-mobile customers for at least a year. The special was that I could get a phone upgrade and get a rebate on that phone. I asked the salesman (Chris Erickson) several times whether I could end the new contract and return the phone within two weeks (October 12) if I wasn't satisfied with the phone or changed my mind. The salesman said several times that I could cancel the contract if I returned the phone in two weeks. His manager and other salesman were all there listening to the discussion so they were all aware of what was going on. On October 9th, 11 days later, I went to return the phone. The salesman said he would have to talk to his district manager. The salesman spoke on the phone with the district manager then said to me that there were stipulations stated in the contract that those upgrade promotions could not be cancelled; and the salesman turned to the second page of my contract and circled the paragraph which stated those stipulations.
The problem is that I never signed that contract; I was never even shown that page of the contract. There is no signature in the space provided for my signature. Chris Erickson slipped the page between the other two pages and stapled it together when he gave me the packet because he knew that I would not sign the contract as it was written; and that if I was not satisfied I would come back and return the phone. The contract extended my membership with t-mobile for two more years and I didn't want that. I left the phone at the Park mall location and immediately called t-mobile. I faxed a copy of the contract to t-mobile and they never got back to me and they are still binding be to the two year contract. I called the customer service at The Mobile solution and they refuse to help me; all they said is that I should have taken the phone with me because now they have it and I have no proof that I returned it. I want out of my contract with t-mobile because they refuse to assist me; and The Mobile Solution, acting as agents of t-mobile, lied about the contract. Chris Erickson's manager along with other employees of The Mobile Solution were all there and knew that this employee was lying to me along; besides the fact that I never even signed the contract. I still have the original contract.
The Mobile Solution, acting as agents of t-mobile, are guilty of fraud; they made a fraudulent misrepresentation of the contract in that Chris Erickson and his manager lied to me when I asked if I could return the phone in two weeks (a material fact) and they said I could. The scienters, Chris Erickson and his manager who was there listening, were both intending to lie about a material fact concerning the contract. They both knew I wanted the option of returning the phone in two weeks and they told me I could, proving intention to deceive. I left the premises with the understanding that I could return the phone within two weeks if I was not satisfied via Chris Erickson and his manager. I was injured because I was forced to accept the deal with t-mobile or pay 200.00 per phone to cancel the contract. That would be 150.00 per month for two years or 1000.00 for all the phones on the account.
The Mobile Solution committed Fraud in the Inducement in that they knew that I wanted an option to return the phone and verbally agreed to it
The Mobile Solution is guilty of Fraud by concealment because they concealed the page concerning the inability of customer to return the phones in upgrade contracts.
I was also forced to accept a contract which I didn't agree to or sign, a possible Misrepresentation of Law in threatening my credit standing and fines due to not paying a bill which I didn't agree to.
There is no telling how many people have been victims of these scams and I am asking you to help stop them.
The second problem is that in December I changed my plan with just two phones to a family plan with a maximum of five phones. I had previously lost my telephone so they just turned it off so no one could use it, and I got another phone and another number through the family plan with The Mobile Solution. I used my new phone and paid my bill every month with no problems. I decided to get copies of my credit report in November and there is a delinquent amount for 60.00 from t-mobile. If I got the bill I would have paid it, but I didn't get it. I called t-mobile and their collection department treats me like I am scamming them. I know the way phone companies work and if a customer does not pay their bill, their phone will be turned off until the bill is paid; our phones were never turned off and I was never alerted a having a delinquent with T-mobile. It turns out that T-mobile had sent a bill to a Hawaii address. There is person on my family plan that lives in Hawaii, but I pay all the bills on the family plan from here in Tucson. I believe that The Mobile Solution didn't connect with t-mobile and arrange for the changes in the account; T-mobile made a mistake in their billing department resulting in the bill not reaching me. I don't live in Hawaii, nor would I have a bill sent there. Could you please contact them and help me out with this? This has been on my credit report since December. I am trying to get student loans to finish my MBA program and this delinquent bill is stopping some of the loans. Their mistake is costing me hundreds of dollars in higher interest rates on my credit cards and lowering my credit score which is hindering my ability to obtain jobs because many employers in my field demand good credit and good credit scores in selecting applicants for hire. I am sure you are all well aware of how important maintaining good credit is today, and their mistake is the only blemish on an otherwise perfect report. I have worked very hard to establish this perfect record and T-mobile has ruined it.
I have another problem with T-Mobile and their? Family plan? The rep I spoke to about the plan did not mention that it is a huge problem if all the phones aren't contracted at the same time. If I got all the phones at the same time, I could discontinue the plan after the 1 year contract was up and cancel all of the phones; however since I started the family plan with contracts in August, December and May of none of them end at the same time, so basically I am trapped in the family plan contract. I would eventually have to pay 200.00 per phone because I have to renew the contract every time the 1year anniversary arrives on each phone because the previous contract had to be renewed (renewing all the phones) or I would have to pay 200.00 for cancelling that specific phone contract. I spoke with a T-mobile rep and she agreed with me and said that she would try to help but of course it was like everything else they tell you, I am still stuck in the family plan with not enough money to get out and I want out, every one in the plan despises T-mobile and they all want out. I expect there to be a class action lawsuit soon because they can't keep getting away with this. Can you please help me with his problem?
I want out of my t-mobile contract because they allow unscrupulous agents to represent them and they offer absolutely no assistance in resolving these matters. I believe that The Mobile Solution, acting as agents of T-mobile, and the T-mobile company has lied about their contract as well as made grievous mistakes in conducting their business. I want out of my contract with T-mobile and The Mobile Solution and I would like to be compensated for their lies, errors and unscrupulous behavior. Please help me and stop them from hurting anyone else.
Thank-you
Mark
Tucson, Arizona
U.S.A.
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