2Grumpy
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Did you ever get the itemised invoices from O2, including the one with the re-connection charge? Attempting to collect this might prove a challenge. Although there will be something in your contract about paying for the contract if it is terminated, they are charging you for something that they did not supply. If they know that they are going to pursue for the contract charges anyway, what is their reason for preventing you from getting the benefit from something that they are determined to make you pay for?
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They publicly and loudly proclaimed that you are a thief but have not done anything to resolve that. You have not cleared your name to anyone who saw the incident. Your reputation might still be being damaged further by someone who witnessed the incident who did not realise that you were refusing to let them search your belongings because you were innocent by pointing you out to one of their friends. I disagree that their company policy that they have the right to search anyone is lawful except for employees who have agreed to it in advance. There might be a use for their cheap bottle of wine, but that depends on how polite you are
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Have they provided you with the IMEI of the phone that they say that you returned? If so ask orange about the ownership of the phone with the imei that you returned and about the imei that they say that you returned I would try suggesting to them that the error was made by the courier or themselves and they are to provide a suitable explanation of how that is not possible. The manufacturer might have some information regarding ownership. They probably won't supply actual data but they might confirm that it was registered to a third party ... (or even that the imei does not exist for that type of phone)
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All of this (apart from where the OP went back into the store to complain) took place in the car park ...
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I think that this is really about promises made at the time of sale that haven't materialised and probably nothing that can be done to remedy unless there is some written proof of what was said
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One month to accuse you of the swap is too long. Do you have the imei of the phone that you had and also the one that orange say that they received? (although there isn't much that can be done except to challenge Orange to show that you previously owned that phone and not some-one else - they might be able to discover for themselves that they made an error) Perhaps Orange are doing this to another customer having mixed phones up (either themselves or the courier)
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Have EE explained how the charges got added to your account? If you didn't use your phone then why did EE do this? And how are they not liable if they add items to your bill that they are prepared to refund after admitting that they made errors? I would respond that you won't press for judgement for 30 days PROVIDED THAT THEY EXPLAIN HOW THE CHARGES WERE ADDED TO YOUR ACCOUNT IN THE FIRST PLACE but if the cheque has not cleared by xxxx then you will do
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I bet LTSB want to be called Lloyds or TSB now. Ask them why it's ok for them to change their name but not for your partner. Start paying by cheque made out to LTSB and ask them why they are being paid to a bank called Lloyds that you have no contract with since the account was opened with LTSB and you have not received a letter of assignment. Obviously a time-waste but at least it might make your point
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There is also sale of goods & services act that might be of use
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Clearly mobile companies use the contract to recoup the cost of the phone. That is obvious when you compare the cost of the contract with a sim-only deal or a provider such as giff-gaff who offer an "all you can eat" sim-only menu for £10 per month. The mobile companies say that the phone is free but then want the phone back to let you out of the contract early. Using the "contract" including the "free" or discounted phone is their way round having to create a credit contract with you for the cost of the phone separately from the cost of calls. The companies will be getting a good deal on the price of the phones too and are either passing on phones cheaply or taking the profit on the sale of phones spread over the contract period. You paid £30 for the phone and are a quarter of the way through paying for it. It will have a resale value. (They might even offer contracts using recon iphones). I don't think that Orange will be losing much, if anything, on their kind offer. However, it is up to you to take their offer Stay with the contract negotiate
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Despite their claims, they won't take you to court for civil recovery. Sainsburys wouldn't want to see a court case booted out of court like the last retailer to try it.
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Orange !! The worst provider ever
2Grumpy replied to Sana Sadiq's topic in Telecoms - mobile or fixed
Orange gave you the information and have to take responsibility for it even if it is wrong. This is covered by the distance sales regulations. They didn't deliver within the time they specified, you cancelled, they have to refund money within 14 days, so their rep was correct. Call AND write outlining your issue. Tell them what you want: ie a refund and payment of bank charges incurred because they didn't refund when they said that they would. On the phone you can tell them that it would be a pity to have to sue them for such a small amount because the court charges will almost double what they have to pay. Tell them that with current payment methods they can put the money into your bank account today -
Lowell Financial and a 3 mobile 'debt'
2Grumpy replied to rschofield35.pink's topic in Telecoms - mobile or fixed
There are several issues here First, how much are they claiming, what is it for, is it correct and have you received itemised invoices for all charges? If there are any disconnection charges or remainder of contract charges, these can be challenged. If you don't have itemised bills for everything or can no longer access them then write to 3 asking for them. Start off by saying that you have had demands for payments for a 3 account that you dispute. Second, who owns the debt. If Lowell & 3 have both written to you saying then the account has been assigned, then it probably has. If both letters were in one envelope then you might be sceptical about the authenticity of the documents. If they were sent by anything less than 1st class post then they might not have been served properly. DCAs frequently send out the letter of assignment "on behalf of the OC" but I think that stinks. Third, how much should you be paying and who to? If you agree with the bills then write to 3 saying that you are on benefits and can only afford £1 per month. Don't send an I&E form. That is all that you can afford. If the debt has been sold to Lowell then 3 will pass it on. -
Distance sales regulations supersede any T&C that they have. You had to use the phone to discover that their phone/network are not fit for purpose. Stick to your guns, tell them that you require to return the goods due to them being unsatisfactory. Make sure that you keep within the time limits (28 days?)
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You should write to Lowell & O2 saying that you have not received any letters of assignment despite O2 saying that they have sold the account You should also state that you dispute the amount claimed and that you require fully itemised bills for the amount that they are claiming
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Letter from Buchanan Clark & Wells - 02
2Grumpy replied to Reflektor's topic in Telecoms - mobile or fixed
Mobile companies do try to charge for services not provided if you want to terminate the contract early. Generally they don't invoice for that amount, just give an outstanding amount instead! Push O2 for a fully itemised bill for anything that you haven't had an invoice for. Just deal with O2 unless the outstanding amount has been sold -
They should be able to give you information about when YOU contacted them. Sounds like an excuse. Are they trying to suggest that the DPA won't allow them to provide further information? That would be a joke. Try the CEO if you don't get anywhere
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I suspect that Moorcroft would only be thinking of protecting themselves and not the guy who called, who might not even be their employee. No matter what, I think the advice to drop it was right - too much money for too little possible gain
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Thanks for that I was also a bit confused by the LTSB letter stating that Malin Europe was now the data controller. r I thought that LTSB would remain the data controller for the data hat they hold I can't see that I would get all of the LTSB data by sending a SAR to Marlin ...
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I think that this is an absolute assignment but I'm not sure. The letters use different terminology. I have asked ... but they haven't responded to that particular question
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O2 debt, Lowell/carter County Court Claim
2Grumpy replied to mrsmagoo's topic in Financial Legal Issues
If BC can find your address for a claim form then Lowell could have found his address and written to him before doing this. Given the lack of other communication, maybe this will go away if it's responded to within the time allowed saying that it will be defended in full and then a defense entered. I think that no previous communications & abuse of process is a good start. They were probably hoping to get judgement by default -
Letter from Buchanan Clark & Wells - 02
2Grumpy replied to Reflektor's topic in Telecoms - mobile or fixed
Did you get an actual bill from O2 for the amount in question. Some providers just provide the DCA with an amount instead - which shows that they don't want to put any of this into writing. My son's attitude with Orange was to request an itemised bill for everything. Nothing was forthcoming and they eventually (begrudgingly) settled for the amount of calls & service actually provided. I dealt with Orange, they said that we had to talk to the DCA but I declined to do so ... -
To involve a DCA so quickly shows that they realise that they have ****ed up and really don't want to talk to you. Keep off the phone, complain in writing, tell them what has happened and what they need to do to sort it out.
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Orange made financial mistakes can I get out of contract?
2Grumpy replied to toxicdebt's topic in Telecoms - mobile or fixed
They have cut you off, they have taken money that they weren't entitled to from your bank and then left it to you to get the money back rather than resolve the situation themselves which would presumably have prevented the recurrence. Check your credit files - most likely they will be updating them incorrectly Did they cut off the other phone correctly? Any compensation should be to compensate for losses as well as a gesture of goodwill. Write asking them to confirm the current state of the account(s) and what compensation they will be making for their incompetence, lack of service and trouble that this has caused you. Did you have to pay any bank charges as a result of their pocketing £300 of your money? -
You should have received letters of assignment from Lowell as well as O2 if the account has been sold to them .Ask O2 for confirmation of that. If Lowell have bought the account it would be them who instructed BC, not Fred. This sounds more like instruction as DCA rather than debt sale You should definitely dispute the bill with O2, but give us more details so that we can help
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