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    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
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    • We have finally managed to obtain the transcript of this case.

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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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