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    • I don't think I've ever seen someone appeal a mags court decision on fare evasion, JK, but as you say in this case TiredDodo has pleaded guilty. It is possible to challenge, as below. HB Appeal a magistrates’ court decision: Overview - GOV.UK WWW.GOV.UK How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the...  
    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Cancelling mobile phone contracts early....?


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I have a feeling this will have come up before, but nothing came up in my search and if you don't ask, you don't get, right!?

 

I have heard a little rumour that if your service provider send a text informing of new T&C's, and if you DON'T use it after this message, you can write and cancel your contract early?

 

Is this true? Are there any other ways of cutting short a contract? I am 5 months into a 18 month contract and I really want rid :(

 

I am on Orange Dolphin which I arranged through a website, so I don't even get the unlimited free texts. Reception is poor, the phone is poor and I can't afford the bills, so I want rid!

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Some observations - the contract conditions you sign up to will usually prevail for the duration of your minimum contract term, any subsequent changes being automatically applied on the 13th or 18th month (as appropriate). If the changes are to be applied immediately, then you will have an opportubity to decline them, but you have to do something positive to opt out, you cannot simply cease using the service and expect that to suffice. Sorry.

 

Being sent a 'text message' of changes to the contract is immaterial because there is no guarantee that the phone user is actually the contract holder, so material changes must be served in writing, not as a text (although both is acceptable).

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Thanks for your reply. I understand that many service providers simply made their routine T&C changes on their respective websites, which Ofcom (I think) said this wasn't enough to inform consumers, in which they set a ruling meaning the SP had to directly inform the owner of the handset with a call or text. Is this correct, do you know?

 

I meant that once this text informing of new T&C's came through, one could stop using the services (as continuation would act as acknowledgement and acceptance of the new T&C's) and then write to the SP stating reasons why you don't accept them and request termination. Hope that makes sense!?

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I know what you mean, but OFCOM were outlawing material changes by text (a 'call' was never permissible). The contract would be the one you signed (or agreed to) that was in force on your acceptance until the primary period expired.

 

What you outline would be correct for Pre-Pay, but not for Contract (Post Pay) users.

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What information was contained in the text message? What changes have been made to your Ts &Cs?

Orange have been informing customers about changes to Ts & Cs on the bills for the past few months with the new terms coming into effect from 1st June. However these new terms do not constitute a large enough change to warrent termination, they are mainly saying that if you do want to buy out of your contract, they will no longer give you a discount, and that they may enforce a credit limit on your monthly spend.

I don't understand why you have taken on a contract that you cannot afford.

You will be able to drop to a lower tariff after 9 months.

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