Thanks for that, will give it a go.

Nothing ventured etc.

In June I bought on contract a new mobile phone as my previous one was getting slower.

I had an LG device which the 02 shop suggested.

I had problems with it immediately,

but as I was away for the immediate period after purchase I could not get back within the cooling off period.

Needless to say the shop would not consider changing the unit.

I have since then been back to the shop 7 times with the same recurring fault,

and still the shop wouldn't do a thing other than pass me off to the customer relations dept only reachable by phone.

Lost the personal contact.

I spent the next day entirely call this dept, which incidentally is in South Africa!!!

They made various promises which they failed to keep,

but being trained in "PPI" I was well versed in getting negatives.

Determined I continued until I got someone who in turn had to call the Uk repairs section to get approval for what I wanted.

That's a long way round the world and back.

finally spoke to gentleman who finally agreed that phone needed replacing.

Only then to be told that I had to send it back to them direct for cancellations.

Asked why I couldn't just return it to the shop I had bought it from,

to be told that if shop returned phone they would not be able to cancel the contract???

Weird, but as these walls are there to make us dance.

Got the return envelope and posted phone back to 02 got proof of posting just waiting for confirmation that contract cancelled.

What's my legal position,

I feel I have been supplied with a product not fit for purpose and as such the contract should have been cancelled from the beginning.

I have paid an amount on this contract for phone and line rental, both delegated to individual items.

Can I demand my money back, do I have just cause to ask for costs your advice would be appreciated, I'm sure I cannot be alone in this case.

Ps, I cancelled both direct debits which are due 21 Nov.

Now I must get another phone,

suggestions please,

only other thing my phone must do is have the best possible camera for smallest amount,

us pensioners are surviving on ever reducing purchasing power.

Thanks

Sent text to hmc as per advice instruction. Thanks again and keep a keen lookout

Pb

Thanks for thread, got exactly this email yesterday. Did not act as my training told me it was strange for HMC to ask for all my bank detail including pass words. Nah, caused a big flasher to go off in my head. Your post here confirms my own suspicion.

Thanks..

Bank agreed two quite large amounts of repayable PPI

sent me settlement letters and told me they were keeping it and transferring cash to their collection dept to go against these old debt,

That's a damn chocker, but even though statute. Barred they still maintain they hold an old debt and have a right to offset these sums.

Any thoughts on there that I may have a chance of getting something

Does any one have the ceo address and details, believe it is a Mr chan?

That's what I needed, thank you will now be more aggressive in my next missive.

Cheer's my dears

Partnership issues raised because I have argued for years that it was not a partnership but Ltd comp. Bank have always maintained it was a partnership. Im sick because if I had known they considered the accounts partnerships then I would have claimed the charges back on the accounts. The bánk charges were very very high. But that's another story.

Suffice to say I'll write to the bánk and refuse permission for anything due to me to be paid elsewhere. I'll see what they say.

But still no one says what happens to these old accounts. They are supposed to be taken off credit reference files, but what do the banks do,

I'm sure they get written off as a bad debt, but no one here seems to say so!

Thanks for help anyway

This, that's another fear to bed, but legally when if ever will the debt be written off or is the bánk going to keep it in its computer store forever and therefor always be àble to clàim payments meànt for me??

Thanks, you confirmed my thinking and I have disgarded the item concerned.

Second question I may not hàve made clear.

Have old bank debt, I always thought unclaimable because of limited status. This old debt won't go away, but now over the six years, again no payments from me, but now quite a sum of PPI has appeared and they want my permission to pay off this old account. It's over the 6 years. They are maintaining it was a partnership, I have a copy letter disproving this ,but imnot clear on what happens to an out of date debt, its not enforceable, but does it still exist??and how?? And when does it stop existing and become. Write off therefore no debt??

Would be glad of enlightenment thanks so

Have had a pile of old debts

, being very old and very cynical,

at pension age I made the çoncious decision to stop paying any and all of them.

I challenged every debter to take me to court, they didn't

, preferring to sell on debts to collectors

None of these took me to court,so here I am over six years later which should mean no more chasing from collectors,

however one chasing debt company has insisted I made a payment against one of the debts three years ago.

I challenged that knowing I had not.

They then advised that the payment had come from the debt owner.for repayment of charges or something and made to the debt collector intstead of to me??

How can this be taken as a payment from me??

Now I have another item which needs to be repaid

, but the debt owner wants to pay it against a debt which is past collectible date

. What is the legal position.

This is a business debt and debtor ,

I never tried for charges reclaiming and there were loads, because it was a business. Now they say it wasn't. Ten years later. Dahhhh.

Any helpful information on the situation regard to debt over six years and what the legal position of debt and debtor would be appreciated

You don't mention insurance. Does that mean you didn't get any initially.

 

ABTA is the Association of British Travel Agents, so as operators teletext wouldn't be members. I don't know if ATOL may be relevant.

I have a yearly travel cover, so does my partner. So I hope I'm covered. I did not insure my two children, asked their mother to get that done, and she hasn't, so could be half the holiday costs gone. pb

Yes I'm sure they will.

I'll see what transpires won't hold my breath. Pb

I do not think you can request a refund, as Teletext holidays or whoever the booking was with could only go by the information they had at the time from the Foreign Office. The additional costs incurred were before the FO made the announcement.

 

It is just really bad timing, as had the FO made the announcement earlier you would have been able to obtain a cancellation refund. Also had you left it late, your holiday would have been cancelled by the tour operator, as soon as the FO made the announcement.

 

Enjoy the new holiday you have arranged and when you get back have a look into whether you can make a complaint about the unfair situation of incurring these costs because Teletext Holidays could not originalły assist you. I am not sure what Teletext Holidays are signed up to in terms of regulator e.g. ABTA

Thanks for view, I personally feel I should have a chance because everything I did after the Sousse slaughter, was done under duress. They wouldn't allow the holiday to be rescheduled later, it all had to be done before the 14j day precancellation date or suffer loss.

Not a good way to book a holiday. Thanks anyway. PB

Company was an on line operator teletext holidays, all easy when booking and paying for original destination, very different when having to change. They then kept harping on that they were not responsible as they were booking directly in our names to airlines and other people involved in holiday. I finally insisted that they book all changes as they had done that on the original holiday, they did, but were not happy about it. Await your response,thanks PHOTO

I have and am having a nightmare with holiday on line operator and need some help.

I booked a holiday on line with teletext holidays to Tunisia. Leaving 19.7.15

Then the slaughter in Sousse on 26th June made me want to cancelled my trip. I was taking my two children 15&17away. They would not be allowed by their mother to go and they were scared

The contact to the online agents were a nightmare,finally got through, to be told I couldn't cancel as theFO had not declared the destination unsafe and that the only alternative was to rebook to another destination. And quickly as it had to be done within the 14 days of the departure or forfeit all money paid.

This would be done without penalties or charges,

It now transpired that the on line agent was advising me that I had to make these rearrangements myself as it was my own personal booking.?????? 14 telephone calls and hours of music by musak, later I was getting desperate, no airlines had flights available, I had been booked with Thomson fly and they couldnt or wouldn't help,I'm suddenly trying to be a travel agent "!!!.b

Insisted in talking to a supervisor at teletext holidays, they again said they would help but I had to do everything as they were not travel agents only booking on my behalf. So I refused to accept that argument and insisted they re arrange , which they did but at considerably more cost.

Only got confirmation on the 8th July and no baggage had been booked, so I then had to get Thomson fly to add bags and pay for them and seat allocations another 400 quid. That same night at 9.00 pm a note was posted on teletext holidays stating that the Foreign Office had declared Tunisia unsafe for travelling and recommended all brits return.

Would I be within my rights to request a complete refund,as all subsequent actions were forced on me by there original refusal to cancel the holiday.

Engy, you sound like your getting fustrated. Dont, this is a game and the MBNA play it longer and harder than most. They know that a percentage of people played around like this will just give up and go away, and irrespective of how few this may be its more money in their pockets if it succeeds, so dont get cross play the game,

keep making your payments and be certain that the money for PPI will come back, and even if its clearing an old balance, its still going to reduce your future outstanding debts.

Chill, it really is worthwhile, but not if its stressing you. So think on this, if they have to pay 8% p annum in restitution, you could not get that rate of interest on the money if in a saving acct, so play the game, if it ends up at the fos then you will really need patience, it can take years. But again its almost certain the money will come to you, its just a matter of time, and what you never had you really shouldnt miss.

Consider it your savings for a rainy day.

good luck - PB

hi scrapper, following thread with interest.

Your experiencing what seems to be the "Norm" for the finance world. They never retract, they ignore all efforts, and will no doubt produce to any body representing us peasants, copies that will make them look good, simply because they have ignored whatever arguments yu put forward and in so doing dont have any further bad reflections that they can give to the enquiring body. Its all getting like a very nasty, very clever, but then maybe im getting jaded.

Dont give it up, just keep it on a bac boiler.

appreciate what you have displayed in these posts, its got to help those following on -pb

sg, sorry i havnt been around to help in any way, my own life problems got in the way, but its great to see you have had the court experience, and while the judges are always "Nice", i personally found that they also seem to give far more credence and allowances to the Professionals, I dont understand, how the fact they Next now say that you can claim on this policy, how long is this after the fact, and bl00dy convenient to find it out on the courts doorsteps.

whats next on Next, full claim within the next month, or are you still waiting further disclosures, - dont think yu made that clear - will try to keep my eye on this as, im still battling with next "head in the sand" attitude, Good luck, and you must always remember the solicitors, quite often throw in something to try to keep yu off balance and loose focus.

Thats why their paid so much money - regards - pb:-)

can anyone please clarify, if im being chased for debts, but am on benefits, pensioners etc, can the court make an award for payments of these debts against my income, which is below the accepted standard and therefor paying benefits to me to ensure im at at that standard,

Seems any award made against my income would in effect bring me back below that minimum, and if they did, could i then apply for more benfits as its been taken by the courts??

long time after yu wrote this but still helping - thought yu ought to know - thanks - pb

thanks and i too would take that view otherwise no benefit, however some of my cash comes from a private source, ie the pension company, and i simply thought as scrapper had the ears of a lawyer, who appears to have some knowledge regarding benefits, it could be clarified.

yu know what these sharks are like, they will indicate all kinds of drivel to maintain there position to collect, and i just thought it might make me stronger to get that little point cleared up. thanks for reply - pb

scrapper, iv run accross your thread and i have a simple question which you maybe able to ask your friend.

Im a pensioner and have pension credit and rates allowance, however i also have a small private pension, so my benefits are not at maximum, in the case of not being able to touch benefitsm how does my private pension sit??

obviously if the private pension was high enough i would not qualify for pension credits or rates assistance, it could help me with quite a number of persistant debts, of which one is tesco. appreciate if yu could reply - thanks -pb 8-)

sg - Not completely sure, but fifty pages is a bit much for a Mgistrate to take in, = i would personally refer to the legislation and print the paragraph regarding retention of documents.

As for NEXT - they im sure have inferred that the PPI was too old to keep copies of, but again if you have proof of when the last premium was taken, its again prooves that the Insurance was live and they must treat it in the same way as your other documentation.

PB