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Everything posted by lawbunny

  1. N Generally most networks wont provide incoming call records to customers direct. They will however provide these to a lawyer if necessary for a court case although there is usually a fee.
  2. Ruskie, I appreciate what you have said but I was taking my details from the email you recieved from the Vodafone customer care team above which states they did send out a letter and also a new sim card. Also, I have never worked for Vodafone. I think you have misunderstood me regarding costs etc. I meant that credit files must be a true reflection of a person's credit history so as other institutions can correctly judge that person's ability to take on and repay any other credit. Your credit file shows that you did not pay a Vodafone bill and up until this date still have not paid that or the termination charge. You mst remember that for the past 6 months Vodafone has been at a loss of this amount, and numerous other amounts from other customers in the same position. This amount is always balanced off in higher charges for all other customers. This is why credit files should be correct, as other lenders should be aware that this does in fact add to your risk, whether you agree with that or not. I do not think there is anything wrong with my view (developed through years of experience) that more often than not peole are trying to weasle out of paying. I am quite sure however in your case that this is an honest mistake, after all it does happen sometimes, but you must understand that YOU were also responsible (and if I remember correctly it was a problem caused by moving banks and thus really Vodafone were not responsible, if anything it was your bank), and Vodafone are correct in that the default it correct as your bill was not paid and has remained unpaid for months now. Your credit file is a true reflection of this. I do wish it were possible for companies to deal with every single customer as an individual, but they do so as far as possible. They cannot become intimately involved in your life, especially not for a £40 a month contract. The customer care team do however seem to be doing all the can for you. Additionally, if what you have said about the original agent is correct then it will be on the call recording and he will have been severely disciplined, if not fired. But generally they would not inform you about internal disciplinaries, as is true of most companies. Although I do think an apology is in order if what you have said is correct as that type of behaviour from a customer service agent is true. Finally, I would appreciate it if you would be kind enough to recognise when someone is trying to help you, instead of simply getting your hackles up because what they are telling you is not what you want to hear. The customer is not always completely right I am afraid.
  3. Hi, I really sympathise with the hassle that all of this is causing you, but have to say that vodafone are right on most points. 1. They are not obligated to provide you with another dongle free of charge. A dongle is provided free with a sim card in much the same way that a handset is with a phone sim. Your contract is for a mobile data allowance, which is basically the sim. They basically also offer the dongle free when you opt to take out a broadband contract, but it does not form part of the contract (although under SOGA if it's faulty they have to repair it etc but this is not because of the braodband contract). It is your responsibility to get insurance or face buying a new one if your gets lost. However, this may no longer be relevant if you do not want to start up the contract again (as I suspect you will not.....) 2. Vodafone's records show that they sent out a letter to you the very day the direct debit was missed. They do not have to write to you continually until you finally notice. Also, one could be forgiven for not checking their online banking every day etc, but I think Vodafone are reasonable in thinking that in over 6 months you would have checked at least once and noticed that you were not shelling out £40 on a direct debit every month? If nothing else, most online banking gives you a list of all your direct debits and whether they are active or cancelled. I think Vodafone's offers are very reasonable, and I'm sure that should you decide not to reinstate the contract that they will allow you to pay it up in installments as it is a large amount due. I understand your view that this is a one off mistake, but having worked for a telecoms company I can assure you there are hundreds of customers each day claiming "mistakes" such as this (please do not think I am inferring that your case is not an honest mistake, I am merely pointing out that a lot are not) and these companies cannot simply absorb all the costs of customers' mistakes. Remember, credit files do need to be accurate in order to assess a person's true credit risk so as to protect every one else who has credit, as vast numbers of people defaulting just means that other paying customers face increased charges to make up for a company's losses.
  4. Terms and conditions state it is "3 months", nothing about 3 FULL months or 3 payment periods etc.....
  5. Thanks for the help all! I've emailed them pointing all of this out. Got one of those annoying automated replies stating it'll take up to 7 days for a reply. But when I get it I'll update my post.
  6. Sorry, I should've explained. My minimum commitment of 18 months ended over 6 months ago. So I'm well past that. They are basically saying it is 3 payments, not 3 months. So although the notice period is supposed to be 3 months, if you request cancellation 1 day after your direct debit has been taken then your cancellation period is actually 3 months and 29 days. (In my case 3 months and 18 days). Thanks
  7. Apologies if this has already been addressed. I've had a quick look for any previous threads but couldn't see any. Anyhoo. I gave my cancellation to Bannatyne's gym on 12th june 2009. Cancellation period is 3 months. Shocking, but I agreed to it so fair enough. This morning I got my cancellation confirmation letter which states: "Unfortunately we are unable to action your request immediately due to the contractual terms being a minimum of 3 months notice period. Officially your membership will expire on 30th September 2009." Hmm.... so they're trying to get almost an extra 3 weeks, which would be an extra £22.80. Yes, it's not a lot, but I'm VERY poor at the moment. So I phoned to check about this and was told that apparantly the cancellation is 3 further payment months. And since my direct debit comes out on the 1st each month then I have to pay July, Aug and September. So I checked the "contractual terms" in question. T&Cs state: "The Member may cancel the membership by giving three months written notice to terminate the membership, and such notice may be given at any time after the end of the ninth month from the date of commencement of membership." No mention of 3 payment months there, or any "minimum". Just "3 months". And in the absence of them stating exactly what this means, surely I am entitled to assume it means normal calendar months? Please help! Thanks.
  8. Phone them again. Or better yet email [email protected] with a complaint. You have been charged pro rata charges due to your upgrade, as you seem to understand already. You should have been advised of this at the point of upgrade. I am aware that many retentions agents omit this info. If they were going to credit you back for this the agent you already spoke to should have arranged to adjust it themselves when your bill is produced, you should not need to call back yourself.
  9. That's the issue then. You have no right to see all of the specific information which any body/company/public authority holds about any other person. You can only ask them if they could give you a brief update on the situation.
  10. Just as a point to note.... Whilst this is an increase in 08XX number charges for customers on some tariffs, customers with flext plans have actually been charged 40p per min for calling these numbers for months now (I can't remember the exact figure, but it's around 6 months), so if you're on a flext plan you haven't got a leg to stand on. If you're on other price plans you could try to escalate the complaint on the same grounds as the successful Orange complaints as per Buzby's last post. As a final note, if YOU choose to change your price plan to a more expensive one of your own free choice this is completely irrelevant to this argument. The T&Cs re cancelling if your charges are increased only refers to when the network changes the price of a plan you are already on, thus charging you more by force.
  11. Short answer? Nope. They will have in their T&Cs a clause stating that they do not have to provide coverage in 100% of the country 100% of the time. Since there is coverage in your local area (ie outside), Orange are providing the service you agreed to. The phone is a MOBILE phone, meaning it is not designed just to be used in your home. So long as it works in the majority of places they are providing the service; the only reason it is not working in your flat is because of your flat's situation compared to the nearest mast (ie high buildings around you, or some kinds of building material can cut off signal). In short, there is nothing to FORCE them to allow you out of the contact now without paying for the 30 days. However, you may get a sympathetic agent/manager who will allow you to do so as a goodwill gesture. But please note, if your account shows some action on the phone (ie you have been using it outside) then they will probably be reluctant to do this.
  12. It's a tad unfair to say the warranty isn't worth the paper it's written on. If a handset has for example a software fault etc then the warranty is a quick way to get it fixed. However, every manufacturer's warranty states that it only covers faults with the handset, not accidental damage or damage caused by misuse (ie cracks, buttons etc falling off). Sony Ericsson's argument will be that since the handset has a huge crack which resulted in a chunk of the cover falling off this could only really be caused by misuse. "Misuse" doesn't necessarily just mean that you have flung your phone deliberately with all your strength. Even just being stuck in a back pocket and constantly sat on, whilst not intentional damage, can constitute misuse. Mobile phones aren't indestructible, they are relatively fragile and should be handled with care. Bottom line is it would be hard to argue that a huge crack resulting in a chunk of the cover falling off was not the result of either accidental damage or misuse.
  13. When you gave your son the phone to use you were in fact authorising him to use anything on the phone. You cannot honestly expect Orange to know that you only intended your son to use the phone for his allowance and nothing else - they are not mindreaders.
  14. Roaming deposits of £250 are required for any customers with bad or little credit histories (ie either a history of missed payments, or no payment history with T-Mobile). As you only got the contract 3 weeks ago I'll assume you've only made one - if any - payments so far. You can do one of two things. Either wait until you have at least 3 months of payments with T-Mobile and they can reassess whether the deposit is still required or whether roaming features can be activated without the deposit. Or if you pay the deposit now it will be automatically refunded once your credit rating with them improves (so long as you make all payments on time this will only be 3-6 months). As for whether you were missold the contract, where did you purchase it? T-Mobile store? Telesales? Other dealership (ie CPW)?
  15. Hey, Just recieved a Notice of Prosecution for a speeding offence today. The form I got required me to fill in my details and send it back and it either gets a Conditional Offer (points and fine), or referred to Procurator Fiscal. Had to phone them to ask a quick question re the form, and got a really friendly helpful woman whilst I was on the phone, so asked if it would be a conditional offer or not. She said it was excessive speed to would get passed to Procurator Fiscal. Fair enough. However, I've been trying to have a look on internet to find out if there are any guidelines on what is likely to happen? ie average speeds for fines/points etc, when I'm likely to hear from them etc etc. However, can't find anything. Does anyone have any info? Or even some website links? This relates to Scotland btw.
  16. Speak calmly to O2 and ask to come to some form of payment arrangement with them to pay it up in installments.
  17. Sorry, but I had to laugh at the last bit of your last letter. You are obviously NOT aware of your legal rights, as if you were you would be aware you only had the returns period provided (ie the 14 day period) in which to return the handset if you were not happy with its features. You are not complaining about a fault in the handset, simply that you don't like it very much, therefore seven months later is too late for you to do anything about it. There is no excuse for not being aware of which features were included/excluded from the handset: this info would be available in the user manual which you recieved with the handset - additionally, this info was available all over the internet. Also, if you actually read the article regarding the TV ads you will note that nowhere in it does it state that O2 were misselling the iPhone: it simply states that a small number of customers may not be aware of how 2G/3G network types work and so may get the wrong impression - however, it does not state all networks should recall handsets etc, it simply states that the advert should no longer be aired. As as additional point, it is an accepted point of law that some exaggeration is permitted in advertisements as it is assumed customers are aware of this. Do you really expect O2 to simply hand over an expensive handset like an N96 simply because you have decided after seven months that you don't actually like the iPhone after all? You must be joking!!!!
  18. As of October 08 T-Mobile changed their downward migration policy meaning that customers can no longer move onto a lower price plan (than the one they last upgraded on / opened the contract on) until the final month of their contract.
  19. Hi Erm, obviously "officially" I cannot agree with the last bit of your post... But interpret that comment however you wish lol! If you've emailed [email protected] this is the best first step really. Hard to say exactly what they'll do: they may just send you a first reply advising along the lines of "we've looked at your account and our notes show you were advised of the new commitment period and an upgrade letter was sent out to you" etc. Just be firm and demand that they locate a recording of the call, and that they investigate fully. The cahnces of them sorting it swiftly would be higher if you were now looking to stay with them but just get a new handset as an upgrade. If you're looking to cancel it might be a bit trickier.... I'll cut and paste this to the other forum lol!
  20. Hi Any time you accept either a new handset or a line rental discount this is essentially an upgrade and so you are entered in to a new 12/18 month commitment period (the only exception being the Xmas loyalty scheme which was simply 6 months discount but not bein tied in to any commitment, but I don't think that started until Oct so I'm sure that's not what's happened to yourself). However, obviously they have to actually inform you of this. Take it from someone who unfortunately has to clear up the mess created by over eager loyalty team agents on a daily basis, there's really not a lot that a csa can do: all they can do is check that the notes on the account show you were advised you were entering a new commitment period, and that the relevant upgrade letter was posted out to you (as even if they didn't tell you on the phone they send you a letter informing you of this so that if you do not agree you have 7 days DSR period to call up and cancel: if you don't cancel under DSR you are deemed to agree). Unfortunately, I know that what loyalty agents do and what they put in their notes are often very different! You've done the correct thing in emailing customer relations: request that they trace a recording of the call and check the correct paperwork was sent out. Good luck and let us know how it goes!
  21. Believe me, I'm not 'for' them, I'm just pointing out the way things are. If you will note, I did actually admit that I understand you may not have been given all the details of your new contract, and provided a complaints email address, so I was actually trying to help.
  22. T-Mobile will do a number change for you free of charge the first time if it is for malicious calls. Any further changes will be £35.
  23. Not got a chance really. The verbal contract is not void. You would have been sent out T&Cs and price plan info when you upgraded, and a DSR letter explaining that if you were not happy with the terms of the contract then under Distance Selling Regulations you could cancel within the first 7 days. This is why you are given this cooling off period: to give you a chance to check everything and make sure you agree. You did not just agree to pay £25 per month, end of. You agreed to pay £25 per month line rental PLUS any extra call charges which you incur; so the title of your thread is misleading. The ultimate issue with the call charges is that whether you were aware you could go over your allowance or not the fact of the matter is that your DID go over; the call charges are correct, therefore you should pay. It is your responsibility to check how much allowance you have left throughout your month - you can do this in multiple simple ways. You may have an argument to say that they should switch you on to a ufix plan instead so you would be cut off after you use up your allowance - but you would not get the call charges refunded, as you did make these calls so the charges are correct. You clearly do not understand the difference between a penalty charge and paying correct charges which you are due to pay. An early termination fee is not a penalty charge: when you signed up for your contract you agreed to x months at £25 per month - if you want to cancel early then they will happily stop your sim card and your account immediately, but you still owe them the rest of the line rental for the remaining months. If you do not pay your bill (regardless of your reasoning for it) then you will get cut off. End of. You would have been better calmly asking for their complaints escalation process and following that than simply stopping paying: you are now being pursued by a debt collection agency and your credit rating will have been destroyed. If you wish to complain formally I suggest you email [email protected] (include your name, telephone number, and password - or address if you do not have a password).
  24. That is appalling!!!! Classic example of management sucking up to customers to keep them happy. I can assure you that the information system which THEY produce for all customer services staff to use clearly states on it that exchanges are not to be performed after 7 days - repairs only!!! It is due to management backpeddling like this that customers then feel that customer services staff are badly trained or informing them incorrectly: it is management who are not following the same procedures they have trained staff in!
  25. Hey, Sorry you clearly got through to someone at customer services who didn't have a clue what they were talking about. The repair/exchange policy did change from an exchange within 28 days to 7 days on 1st Dec. This is nowhere in your T&Cs, this is just them fulfilling their obligations under SOGA, as already discussed. Regardless of whether you purchased from a store or over the phone, customer services can process a repair for you and arrange to send out packaging for you to send it away for repair. Alternatively, you can take your phone in to any T-Mobile store and they will send it away for repair for you - it's a lot quicker this way than doing it via customer services (as you don't need to wait for the packaging and post it yourself etc). If you have a serious complaint re the treatment you recieved by both customer services and the store (as from what you've said the store have not offered to get it repaired for you, and if you purchase it from them it's up to them to make sure you're informed of all exchange/repair/warranty info at point of purchase) then send an email to [email protected] - that's the department who deal with formal complaints.
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