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Hi All, Just looking for a quick bit of advice actually. We have recieved a letter from Creation Consumer Finance saying we owe roughly £150 in arrears, so I called them up to ask who they were as I didn't recall any agreements with them, it turned out to be the company that provided the interest free option on our sofa. Basically it was an interest free option for 1 year, we paid it in full by cheque but they apparently didn't recieve the cheque until 3 days after the cut off date, which was back in August 06, since then we have heard nothing at all from them until recently with them requesting this figure of about £150. I asked them about it and they said it was part payment of the interest oweing on the account and that the balance is now over £3000 which we owe them as they are charging interest at almost 30% for the entire amount from the day we purchased the sofa which includes the 1 years interest free. My question is, is that right that they do this? £3000 seems a huge amount of money, the original loan was for about £2000 if I remember and they have had that money for the last 12 month and we haven't heard a thing from them. They told me when I rang that they have conversations on tape between themselves and me throughout the year but that's a lie as I haven't spoken to them until this month. If anyone is able to offer some assistance it would be much appreciated because they are saying they are taking me to court over it and I can't afford £3000 just like that especially not this close to Christmas. Thanks a lot.

Just a quick update, I have finally had some sucess, I wrote a letter to T-Mobile Customer Relations a few days ago and they called me up this evening, they said they completely agree with me that OSPS should have given me a refund etc and they appologised for the problems and said they will raise the complaint internally now as they were apparently unaware of the problem. Anyway they said to return the phone to them and they will cancel the contract straight away and clear any outstanding balance. I have to say that throughtout the whole process T-Mobile have been fantastic everybody I have spoken to there has been extremely helpful and very polite on the phone. It's a shame companies like OSPS seem to get away with things like this, but good to see there are still some big companies out there who have excellent customer service. Jamie

Does anybody at least know how much I have to pay to take them to court, as I would obviously be claiming for cancellation of the contract, is the fee £150 Please help. Thanks Jamie

Hi again, Another update on this as it's still unresolved. I have been in touch with my credit card company and they have read all the terms and conditions etc and agree with me that I should have the money back so they are putting a charge back through for me but they needed me to return the phone a second time for some reason anyway that has been done today no doubt I will recieve it back shortly without any explanation. The problem I have is that I am yet to pay T Mobile anything and I receieved a letter today saying my file has now been passed onto a debt collection agency. I called them up and explained the situation and couldn't believe that OSPS had refused to accept my return and they said I was well within my rights, anyway they are going to try and get my file back from the Debt Collectors but im a still a bit worried what to do should I get anything in the post from them or they come knocking on my door, also what is the impact going to be on my credit file? I also am going to have to take OSPS to court I assume as the CC company will only get me my £120 I initially paid for the phone they won't be able to get them to cancle the contract. Does anyone have any advise on what I should write in my POC or should I seek legal advice rather than going it alone? Lastly, the girl I spoke to at T Mobile gave me there Head Office address and advised me to write to them explaining everything to see if they could help, do you think there is a chance they may be able to sort the problem out for me without having to file in court? I am going to write a letter explaining everything this evening and will also include copies of the Terms and conditions I recieved from OSPS. I hope someone can give me a little advise on my questions as this is starting to get me down now. Thanks in advance, Jamie.

Thanks for that Jampot, I did purchase it on my credit card fortunately I usually use my debit card. Anyway I called the CC company and they said I can dispute the payment as I have tried resolving the matter with the retailer myself already but I just missed the guys in the dispute dept they only open mon-fri 9-5 so will call up on Monday morning to take it further. One question though if I do it this way, I assume I hold off with a court claim at present, but do I have to write to OSPS telling them what im doing or will the CC company do that etc, because I can see what might happen, they will refund the phone and ask for it back but leave the contract running. Any more advice would be really appreciated. Thanks Jamie

Hi, Sorry to bring this one up again, I have had absolutely no joy with OSPS returning the phone they point blank refuse to accept it back, the warehouse signed for the phone but it was sent back to me a few days later so it's here again. Cust services told me they couldn't take it back as the network (T-Mobile) wouldn't cancel the contract but I called them 3 times and each time was told the contract could be canceled without any problems within the first 7 working days but they needed authorisation from OSPS who won't give it. Anyway onto my actual question, the phone I have I had to pay £120 for and obviously came with an airtime agreement with T-Mobile, I have today written out my court claim form but im confused about how much it will cost me, for the amount im claiming it would be £30 fee but as I require cancellation of my contract also do I have to pay any additional fees? I called the court to ask but they were less than helpful and said they cannot give legal advice although I didn't really think what I was asking was legal advice :-| If anyone can help me with how much I should have to pay when filing my claim that would be great otherwise I guess I will just pay £30 and hope for the best, im sure they would contact me if they wanted more money? Thanks a lot Jamie

Just a quick update, I called T-Mobile and explained I was sending the phone back to OneStop and they said it was no problem as within the 7 working days, so called OneStop this morning to tell them it was being sent back as advised above and was told by a very rude guy that it would just be refused at the warehouse as I had no returns auth code and I asked how I was able to return it then as they wouldn't give me the code and he said I flat out can't. Anyway I am sending it back today Special Deliv in the hopes it will be accepted and they will read the enclosed letter. If they just refuse it instantly then I suppose it just means I can file a claim against them that bit sooner. OrangePrimate you seem to have dealt with people who have had problems with them before, do you have any other advice for me as they have really wound me up this morning not so much by what they said but just the attitude I got from the Cust Service department. This is one company I will certainly never use again. I have to say though that T-Mobile cust services were very helpful and pelasent, maybe a call back to them seeing if there is anything they can do although i doubt it. If anyone has anymore advice please let me know. Many Thanks Jamie

Thanks for that, I will get onto T-Mobile tomorrow and OneStop again informing them im sending the phone back and will send it Special Deliv just in case. Cheers Jamie

Thanks for the replies, I can't see any mention of the DSA only applying to unused goods and in there own terms and conditions they supplied with it they say to test it out and if you don't like it return it within 7 working days "undamaged", anyway Cust Services won't do anything so going to try a claim through court. Cheers Jamie

Hi, I have a bit of a problem that hopefully someone can help me out with. I ordered a new mobile phone from OneStopPhoneShop on the internet I think they are owned by Carphone Warehouse. Anyway the day after I decided to call and cancel as I changed my mind and they said they had canceled but it still arrived yesterday so i opened it up to have a look to see if I wanted to keep it after all, but there was no seal or anything on the box, anyway I tested it out, made a test phone call and text msg and after decided I didn't like it. I checked in every single terms and conditions that came with it about returning the phone and it said you could do under the distance selling regulations within 7 working days, it said the same in the breif outlines, the full t&c's and also in the t&c's from T-Mobile which is the network it was connected with. So I called up Cust Services at OneStopPhoneShop today and asked for an RMA but they said I can't send it back as I have used it, I pointed out that there is no mention of this in the t&c's that came with the phone at all and he said it is on there website. Can they do this? I see no mention of any specific clauses in the Distance Selling Regs stating if you use a mobile phone you can't send it back? This is the part from the FAQ on there website which completely contradicts the t&c's they have sent me. [next][0]=customer&q=10#a"]http://www.onestopphoneshop.co.uk/index.php?&B[0][next][0]=customer&q=10#a Please help as unsure what to do next. Many Thanks Jamie

Hey, Just to let everyone know that this claim has now been settled, Lloyds paid in the full amount claimed (£4520.68 with interest) to my parents bank account on the 1st Feb but didn't tell us luckily the statements arrived today which is how we noticed it Thanks to everybody for there help it's really appreciated. Jamie

Thanks Gary, Fingers crossed for Tuesday now. Cheers Jamie

Anyone?

Hi All, I am helping my parents to claim there charges back from Lloyds TSB and unfortunately there claim was stayed by the judge pending test cases, so I wrote in using the template on here and the correct forms to apply for the stay to be removed and we have had a court date through for the 6th Feb which isn't long away now. I was hoping Lloyds would pay up prior to this as I had to do the same with NatWest myself and once they had a court date through they paid up even though it was only to go to court to remove the stay. So my question is... What do I need to know before going to court on the 6th Feb regarding removal of the stay? I am really nervous about this as it's one thing sending templates with parts changed etc but a completely different thing when you have to go to court and do it for real in person. If anybody has any advice or information they could give me that would be great because as I said this claim is for my parents so it would be my Mother who actually went into court and she's very worried about it now. Thanks a lot Jamie

Thanks Paula, will get this ready to pop into the Court on Monday, was getting a bit worried as hadn't seen that letter before. Thanks Jamie

This is exactly what I put for my POC... is this wrong or missing anything? I thought that was all that was needed? Have I made a mistake somewhere or has the Court made an error? Thanks Jamie

Hi All, This is my 4th Court claim, 3 have been for myself and I am doing this on behalf of my parents, however they have recieved a letter from the court this morning and I don't really know how to respond or what they want so if anybody could give me some advise that would be great. I filed this claim online and used the same MCOL template I have used for my own accounts, the only difference with this one is that it is for 3 accounts but on 1 claim, all with Lloyds TSB. This is the letter that was recieved today from the court... Does anybody have any idea how I should reply to this? If you need any more info about what I sent to the court etc then let me know and I will get it all on here. Thanks a lot Jamie P.S. I looked at this link http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html and wasn;t sure if it was todo with the same thing?

Ok thanks, I was just eager to get things moving, Natwest love slowing everything down. Will get my LBA off to them now

Hey all, I was sucessful with my first claim but at the time didn't realise I could do 2 accounts at the same time so now that my first one is dealt with I thought I would claim back from my Student account. I sent the prelim letter off and got there response yesterday, the last day was today so I was going to send off my LBA but in this letter it states they will not communicate any further with me regarding the charges and that this is there final response. Do you think I should bother sending the LBA or can I just begin my court claim now? Thanks Jamie

You should apply for the stay to be set asside still, I had a hearing date come through regarding the stay not my initial claim but it was this that prompted Natwest to settle with me, it seems they don't want to go to court over anything even just to do with the removal of a stay. Jamie

Hi everyone, Just to let you know I never managed to get the stay removed although i applied, i was suppose to attend a hearing regarding it on the 28th Sept however I have arrived home today to find a cheque from Cobbetts for the full ammount of my claim Im off to the bank to cash it in now and will be sure to donate once it has cleared... im over the moon Thanks to everybody on here for all there advice and valuable information, without this site I def wouldn;t be sitting here with a nice fat cheque in my hands. Thanks again Jamie

Does anybody have anymore info on this or what I should take with me to the court etc? Im a bit worried now as I thought the Judge would just decide himself wether to set the stay aside or keep it in place Please Help... Thanks Jamie

I just recieved a letter from the court today regarding my stay being set aside... I was hoping that would be it and I would get a date for a hearing for my main claim but instead I apparently have to goto court on the 29th Sept for a hearing regarding having my stay set aside It says both the claimant and defendant have to attend. Anyone else had to do similar? I don't have a clue what I have to do now... HELP

Hi AngryCat, The fee is only £65 if you want you application for the stay to be set aside at a hearing, if you want your application to go directly to the judge then the fee is £35 which is what I have done. Would be good to know if we are able to claim the cost back from the bank though, I would hope so as although it was ordered by the Judge, it's the banks fault the claim is in the Court anyway. Jamie