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Everything posted by jacktheband

  1. Go onto http://www.phonepayplus.org.uk and put the shortcode in the search box on the left hand side. This will tell you details of the company who have texted/charged you and how you can contact them. If you have already done this as you feel the texts/charges were unsolicited yet you are not satisfied with their response then you can log a formal complaint through phonepayplus in ref to this. Hope this helps!
  2. Firstly, SOGA has nothing to do with the contract, whether it's expired terminated or ongoing. So the fact the you in effect bought out of the remainder of your contract has no bearing on the SOGA issue. When were you provided with the original Blackberry? (i.e. hold old was it)? As for your other questions: (1) Where do I stand legally - am I entitled to a new phone? Not a new one, but certainly if they've replaced it and the replacement is faulty and you've bought it to their attention at the earliest opportunity then you are entitled for them to sort it out. (2) Since the c
  3. You don't say what type of phone you have. Most modern smartphones will connect to the internet and use some data without your manual intervention (iPhone especially), so they can run up a bit whilst abroad regardless of you actually doing anything on the phone at the time. However, saying that, these smartphones have an option to switch off international data to stop this happening. If you switch it back on then you are allowing your phone to resume this data usage and thus potentially run up a bill. As for the EU laws, you are spot on. There should be something in place to protect
  4. Also, Orange runs a data cap service which limits the data charges that can be run up in one day and should have stopped this. As locutus said, it could be something that has been missed off the account which has caused this error. Give them a call and ask for an explanation and if there's an error ask them to recalculate the bill correctly.
  5. Hi Stand Proud, that seems to be quite an clear response, it is true that the offer of upgrading early is not a part of your contract and can be changed at any time. Just wondering on what direction you would be going in to challenge this?
  6. There is no way for you to retrieve it from your phone if deleted. I'll bet that the network also wouldn't have a copy of the content of it as they probably purge all content records every week or two (as due to the volume of texts sent it would be impossible to keep them all).
  7. Under the sale of goods act the company that sold you the goods are responsible to rectify any problem if a fault develops. If this is within 6 months of purchase then the onus is on them to prove it was not inherently faulty at the point of sale, over 6 months then the onus is on you. As within 6 months then Orange are responsible to rectify the fault either through repair or replacement within a reasonable timeframe. Looks like they are upholding their responsibilities in this scenario if sending a replacement. I'm afraid that there is no legal right for you to demand a refund in this c
  8. This all hinges on whether you can prove that the goods were inherently faulty at the point of purchase. If you have an independent report that confirms that then you are good to go! Best of luck, keep us updated.
  9. Blocking the texts in your phone menus will not stop them coming through and you will still be charged (blocking texts on phones actually means the texts are automatically deleted once received so it appears to the user that the text never came through and was essentially 'blocked'). For all reverse charged texts there will be a shortcode. These text-charging company's are regulated and should only charge if their service/subscription was intentionally activated by the phone user. When you know the shortcode head over to http://www.phonepayplus.org.uk and type it into the search tool. Thi
  10. Sounds like a good result for this case. However, if you feel that there is an issue with this sms-charging company trying to charge yourself via Vodafone without good reason then log your compliant with http://www.phonepayplus.org.uk
  11. Thanks for the reply, brokebutnotbeatn. No late payment marks on either of our files. All is good, the only thing which Experian highlighted was that she took out a store card a month ago to buy some clothes from Next online. Thanks for the advice on Call Cedit, i shall check into them too. So i can contact Accord and they can tell me why they rejected us? Or are they not obliged to tell me? (cos i'm extremely interested to find out where it went wrong).
  12. Hi all. Just want a quick bit of advice regarding getting a first time buyer mortgage. Me and my missus have 10% deposit between us. We went via an independant broker who was whole-market. He found us a nice deal with Accord, but we did not pass the credit check stage. We've got printed reports from both Experian and Equifax for both of us which shows me as Excellant and my missus as good (the only negative thing on hers is that she took out a Next card 2 months ago to buy something from their online catalogue - not sure why this is negative but there you go). I guess Accord's benchmark w
  13. My replies in red: - Do I have to continue with the upgrade or when Orange acknowledge they have received the phone can I cancel the upgrade? - They will revert the contract back to it's previous pre-upgrade state. As you had already paid a fee to upgrade early then either this will be refunded to you if you want, or if you are wanting to re-upgrade then they will not refund but instead allow you to go through the upgrade process again (i.e. you choose a phone and a tariff). - If I cancel the upgrade because I have already paid off the remaining months contract I can cancel my contract
  14. Your contract might be with the retailer (Orange) but your the equipment is external to the contract itself. If goods are faulty then under the sale of goods act it is the retailer that is responsible. However, onus is on them to prove there was no fault at purchase if within 6 months from purchase. After 6 months then the onus is on the consumer that the fault was inherent at point of sale. The short of it is that complaining to Orange is pointless as they are not responsible for the fault on the phone at this stage (unless you have evidence that the fault was inherent when it was p
  15. This is true. The company that giving you a settlement figure to leave contract needs to take into account what they (i.e. the company) would save by not having the contract run for the full term and pass these savings onto the consumer. Some networks make a calculation based on how many 'cross-network' calls a customer makes on average (which is a direct cost to the network per call) and thus figure out an approximate 'saving' by this customer no longer being a customer and then reduce the buyout fee accordingly. However, i think that this is more a matter of £10 - £40 rather than a massive r
  16. Your handset does not form an integral part of your contract. It is provided as an inducement to agree to contract, but your contract itself is for airtime/service. A little like getting a free computer with an home internet contract. If your computer gets a fault it does not mean that your home internet contract is void. It sounds like T-Mobile have made a fairly decent compromise. They've recognised that you are frustrated with your phone and have offered some alternatives. Where your description shoots itself in the foot is where you explain how you are unhappy with the situation and t
  17. I think you'll find most network providers give you a way of checking out how many minutes you have used and how many you have had left. From your description it appears that you were not checking your usage (" it never occurred to me I'd go over"). Whilst network providers are obliged to give you transparent pricing and tools to check your usage, consumers are responsible for their own usage and need to manage their spend accordingly. I'm only saying this because if you intend to move to another provider but continue to use your phone without any regard to managing your own usage then yo
  18. Firstly, do not stop paying them. You are paying for an airtime contract which i assume is still being provided (a fault with the handset does not mean that the network service that you are paying for is not being provided). Ceasing payment could potentially cause defaults/late payment markers on your credit file and cause all manner of trouble which can be a nightmare/impossible to remove. If your contract/sim/network is as normal then you should continue paying your line rental. A little bit more info about SOGA. This protects consumers if goods are not fit for purpose, mis-sold, not of
  19. There is no European Law which states that manufacturers have to offer a 2 year warranty. Apple offer 12 months, only extending it if you pay them for 'AppleCare'. SOGA could well be the route to go down here with the retailer of the phone (i.e. the company who sold you the phone). However, it is past the 6 month mark. Therefore, the onus is on you to prove that the goods were faulty at the point of sale. (under 6 months then it would have been the retailer's task to prove that they weren't faulty at the point of sale). Copied from the SOGA government site: "Over six months - you a
  20. Sounds like things are going good. Make sure you send it recorded or special delivery and keep the tracking number safe, you never know if you need proof or not so best to be sure. I would wait until the contract with 3 has been cancelled before you cancel the DD. It is imperative that when it is cancelled there is no outstanding balance which could slip onto your credit file and cause you probs down the line. I believe that 3 will charge for line rental from the day it was connected up until the day it was cancelled. Any queries about this then you would need to speak to 3, but probably
  21. Hi GSDog. All might not be lost, so read on. Firstly, just so you know where you stand so you know how to handle this i'll just comment on a few of your points. You are paying them for service (signal) whilst in range of their base-stations (masts). If you are attempting to use your phone outside of their coverage abilities then you will obviously experience problems such as what you are having, but this does not give a right to cancel contract as you are still getting the service you are paying for (i.e. signal when in range of their masts). This act is to ensure that the good
  22. Spot on. If under 6 months and they cannot prove that the fault was not inherent from when manufactured/sold then they need to repair (or if unrepairable then replace). Over 6 months then the onus is on your to prove that the fault was inherent from the start (although most people at this point simply go through the manufacturer's warranty to get it repaired - Samsung give 2 years warranty on their phones).
  23. Having a read of their returns policy i have noticed something quite fishy. They mention that the device needs to be in a 'as new' state which has NOT been used for calls/texts,etc. Whilst they can impose this condition on returns to their store as they are under no legal obligation to accept these store returns and are therefore free to decide on their own policy for that, my concern is that they are imposing this policy on devices covered by distance selling regulations (i.e. web-store or telesales). It is the whole point of DSR that a consumer receives the goods, uses them and makes an info
  24. Firstly, were did you take this contract out from? a store? a telesales team (i.e. over the phone)? ordered off a website? etc.
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