Jump to content

mallyonline

Registered Users

Change your profile picture
  • Posts

    17
  • Joined

  • Last visited

Everything posted by mallyonline

  1. In the contract that I had with 3 the following term was applied to the contract: 6.17 If you fail to pay your account on time, you will be breaking your agreement and we may Suspend or Disconnect you. In this case, you will have to pay any outstanding Charges. My argument is that whilst it only fair to suspend the service if a payment is overdue it can also be argued that it is potentially unfair for the service provider not to refund any payment due under the agreement when the account is finally brought up to date! 1, 3 offer you a tariff for a monthly price. 2, 3 suspend your account usage due to none payment and you are therefore not able to use the agreed tariff. 3, you bring the account up to date but have lost out on the ability to use the tariff and 3 refuse to refund the difference. Would it not therefore be in The Requirement of Good Faith for 3 to reimburse you for the time spent unable to use the service due to there technical restriction of the service? If so then you could argue that under the Unfair Terms in Consumer Contracts Regulations 1999 due to the Requirement of Good Faith that the term 6.17 is in part’ unfair? Save for the ability to restrict a user due to none payment. The following text “In this case, you will have to pay any outstanding Charges” this contradicts the requirement of good faith. Should it have read something like “In this case, you will have to pay any outstanding Charges. However once the account is brought back up to date we will reimburse your usage where we have technically restricted your service” Now that would be fair’ would it not? any thoughts?
  2. Firstly, I do not wish to promote any false hope on this subject but it is a subject that I am studying at this moment. You say that despite having an agreement with the company to pay an amount each month they are still applying the monthly charge for the agreed tariff from the original agreement irrespective of the position you find you and your partner in. My study has found that although this contract is not regulated by the Consumer Credit Act 1974 in so much as the contract is with a service provider and not a loan or credit card company it will still be regulated by the Unfair Terms in Consumer Contract Regulations 1999. You will find in your contract with Orange that there is a section with regards to making payments to them and the consequences if you fail to make your agreed payment/s. It is in that section of the agreement you may find that the company shoot themselves in the foot with relation to an Imbalance in the Consumer Contract Regulations for which you could argue that due to the Requirement of Good Faith the company has disadvantaged you by continuing to charge the monthly fees on a contract to which they know you are unable to use! The Requirement of Good Faith The requirement of good faith embodies a general ‘principle of fair and open dealing’. It does not simply mean that a term should not be used in a deceitful way. Suppliers are expected to respect consumers’ legitimate interests in drafting contracts, as well as negotiating and carrying them out. "cum alterius detrimento" Reversal by restitution, the company are taking your money and profiting from your hardship. They are aware of the hardship and should respect your position. The company is unduly enriching themselves with disrespect to your current situation. Therefore, you could argue under in the Unfair Terms in Consumer Contracts Regulations 1999 that due to the Requirement of Good Faith (Unfair Terms in Consumer Contracts Regulations 1999) the company seeks to Unduly Enrich themselves by continuing to charge you for a service that they are already aware they are not providing you. I would hope that others can get involved in this thread.
  3. Because! as a business customer you are already paying a top premium for the business service. You pay over the odds for the business customer service / support .
  4. SDFS (shop direct financial solutions - littlewoods) did exactly that to me and an untold amount of other customers earlier last year. I have an additions account and last year they wrote to me to advise that the rates were being increased! by something like 5%. I now "should" pay more than the advertised price and they "should" make more profits BUT I have now refused to pay because they are being greedy. I have asked them for a copy of the signed CCA which I know they do not have. Maybe this one is unenforceable! I dont know but do know they will have a lot of trouble getting any money out of me in the future! If only they had decreased the rates?
  5. If they (three) refuse to speak to you or do not give you the chance to sort things out then explain to them the debt will NOT be paid without a court order! when the debt collection company calls advise them the debt will not be paid without a court order! you have an outstanding complaint three have failed to respond to and that makes your case very strong in court. If they refuse to speak to you then a judge cannot possibly be expected to accept to judge on the case! IF and that is a very big IF they take court action then you will be in a strong position to defend as they have not followed the required regulatory steps. Good Luck
  6. Yes I took out motorcycle insurance on a pay monthly basis and ended this after 2 months. On being chased unfairly in my opinion for an amount that they said was due to early cancelation the company chased me for 70+ pounds! I told them that the debt would not be paid unless a court order had been obtained first and for the last 2 months have not heard from them! The reason for not paying unless a court order was present is complicated but the general basis was the fact that I asked for a copy of the signed consumer credit agreement! And so far they have not complied! When I say “complicated” what I mean is that there were other grounds for refusing to pay! 1 being that when the policy was sold to me on the phone the agent forgot to tell me about the £15 set up cost for direct debit and also the £30 cost with the loan company! They also failed to tell me the total cost of credit and that if I were to cancel early the costs would be more!! I am now looking into this with other accounts as they too have no signed copy of the agreement!! Morally and legally in my opinion you must NOT take out credit and then try to get out of paying it!! So please do not ask for credit and then spend the credit recklessly knowing that you will be unable to pay it back as this constitutes fraud and is punishable in law. However when the company that you have been with for years turns round in a credit crunch and downturn and treats customers by INCREASING the interest rates substantially then in my personal opinion use whatever legal method you have to protect you from them. I have read and understand to the best of my ability the consumer credit act 1974 and also understand the amended act 2006 has closed the doors on most of the loop holes in consumer credit agreements made after May 2006. The loan companies will be much more vigilant in future and most if not all agreements will be correctly formatted and enforceable. I made some very specific study into unsigned consumer credit agreements and plan to go ahead with refusal to pay on one or two of my accounts but advise caution as some agreements may still be enforceable and especially if they have been made after May 2006 and if made online or in an electronic form over the internet then a signed agreement may not be essential in enforcement in law. Proceed with caution! good luck the future is credit free!
  7. Hi can we start the petition over again and maybe push it more!! these are stealth charges imposed on the poor.
  8. Or this one FREE ONLINE BANK CHARGES INTEREST CALCULATOR > BANK CHARGES REFUNDED
  9. Chip and pin is also a big farce!! how can I withdraw money from a cash machine and the balance reduce and then use chip and pin in the local store only to find that the money is not reduced until monday or even tuesday ??? is this also to make you think you have more money than you actually have ??
  10. [NO LINK, PLS]from what i understand takes a fee of 25% + vat. This site offers all the information for FREE and provides helpful tips on how to get started. No Win No Fee is provided as a last bid attempt to get back the charges only after all else fails.. a new group on google groups is also available for anyone needing an answer to a question. [NO LINK, PLS] [NO LINK, PLS] People selling these templates on ebay may be breaking the law if there templates have been copyright protected? in the copyright they cannot be sold for commercial gain..
  11. Thats not what I had in mind. These companies operate on a "contingency agreement" The take an agreed percentage of your compensation which most of us are quite capable of getting in full with the help of this site. Also I think their con. agreement is unlawful & would be considered "Champerty"
  12. Yeah thats right! my MATEs wife is happier... they helped her too .. they wrote all the letters and she got all her money back... dah sorry I am a bit of a dizzy blonde left out some of the sentence... see its people like me they help you know! shaz
  13. I was going to say "mal" was very helpful! when my son click submit ?? are you guys really all that para ?
  14. I am not linked in any way to that site other than they were very organised and helpfull when i needed them ? Sorry to give you guys the wrong idea! I must say, you have a wonderfull site here with lots of good advice and I have already recommended you to my friends. What www.xxxxxxxxxxx.co.uk and malcom offered me was the security and freedom to go about my business while they sorted out all the hassle of taking on the bank, for that I am very very greatfull. my son now has his new shoes and the wife is happier all round a ver good result for me. shaz
  15. http://www.xxxxxxxxxx.co.uk I used the service from this website after my bank charges hit the roof, they were really good and worked it with me all the way Eventually I got back 600 quid in illegal bank charges!! I think the guys name was malcom ? he really helped me a lot.. To be fair initially he asked for me to call his number which cost about 4 pounds but after that its straight forward alll the way. Malcom even wrote the letters and dealt with the replies received from my bank... I ended up with all my charges back The bank said I could have so much but when the guy at bank charges refunded advised me not to accept and then sent another letter to my bank… hey presto I got them all back 7 days later. Your site is very good! I hope you will look after my friends over at www.xxxxxxxxxxxxx.co.uk too Regards Sharon RBOS
×
×
  • Create New...