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workaholic duck

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Everything posted by workaholic duck

  1. OK, you have a point there being who they are. I'll just get a proof of posting. Now to refresh myself with court procedure....
  2. It's called signed-for now. Worth it so they can't say they didn't receive it. I'll have proof.
  3. Are you telepathic???? I have been busy refining my letter, ready to send both by email and registered post tomorrow. Of course no money!
  4. Sounds same as mine. It's more the principle. I agree, others are in a much worse situation and much more money at stake, never mind their businesses..... As for the contracts, FC do seem to have covered themselves tightly. We looked at all aspects and found very little to prove breach of contract. Except, of course, the continuing 'non payments'. They like to play games to wear you down and hope you'll lose determination. I think they succeed here with many customers! My thinking, so far, is to counter every misdemeanour and refuse to change the contract in ANY way when the 12 month review comes up. Then the same with the 24 month one. ANY CHANGES whatsoever will bind you into another 36 month contract!!!....and on and on to perpetuity! Of course, I fear they will withdraw the payback (since it's only for 12 months in writing) but O2 confirmed it shouldn't happen.
  5. Yes, that's pretty much what I read from your initial reply and I intend to do exactly that. I try to stay calm and focused, anger never achieves anything. So, it's clear the steps I will take. As for the others? I have no answer. But, remember it was the same with the banks/financial insts. all those years ago? Financial crash time. Once the government put their back behind PPI, everyone was happy. I was a teeny bit resentful I'd done all the hard work before, together with CAG!! I did take one to small claims and won, so I'll just refresh my memory. (they didn't even bother to attend).
  6. £24.60 is what they promised each month after the non-payment (or late payment) of 2 x £18 = £36. (2nd letter) The confirmation of the early termination fee of £156.68, a vague 'in March' promise. (1st letter) So, tomorrow, is £24.60. End of March another £156.68. If I give them 14 days notice tomorrow, then it's the total of the 2 I'll be claiming. Sorry, I have a tendency to waffle (too much detail/explanation?) in order to make everything clear! Maybe it becomes confusing??!
  7. Yes, tomorrow is the 18th! Here's extracts from 2 separate emails from different staff:- <….."As discuss yesterday I am emailing you instead of giving you a call. I have calculated all the money owed to yourself, £156.68 as payment to your previous provider and backdated discount of £36. I have also had a months free line rental authorised as a goodwill gesture for the issues you have been having. I have be able to get the backdated discount and the months free line rental authorised for payment on Friday 01/02/19 and the buyout has been scheduled for payment in March 2019. I hope this is satisfactory for yourself and if you have any more concerns or queries please don’t hesitate to contact us".> and:- <…."So I have spoken to my manager and I have set the standing order of your discount on the 18th of every month. I have recified the discount to £24.60 so your bill would be £15 incuding vat after cash back. This is confirmed to be paid then for you". > Empty promises? Probably as they just seem to say what they think I want to hear. The first 'promise' to pay back-dated £36 didn't happen which forced me to contact O2 again. O2 put pressure on FC to pay, which they did 10 days later. Then O2 sent me a final response letter citing 'deadlock' as their powers were exhausted. The 2nd email, from another 'manager' (with a 'manager' himself??) states they are willing to pay the full VAT on top of the £18 already promised, taking the monthly pay-back to £24.60. I didn't ask for the full VAT, only the proportion allocated to their payment but I'll accept it anyway. Tomorrow, if still unpaid I will be owed £24.60 + £156.68. Although the latter figure is due 'in March' by the 14 days notice it will be overdue. I definitely do like your idea. It will emphasise my determination to bring them in line and that I will not tolerate any more nonsense from them. I've read, briefly, the links you sent. I will read again later today when I have more time. The addition in the letter of action to be seen as a letter of claim for every missed payment in the future will supersede the earlier suggestion of bringing each subsequent letter of action earlier than the due date. I'll amend my prepared letter accordingly. I am fully justified after all the trouble they've caused.
  8. Exactly! What I have learned is that FC like to play childish games. Make false promises, pretend to be your 'friend'......and most, it seems, falls for it.....until the next time! Tbf, though, they target small businesses, who are incredibly busy trying to make a living. I can't fathom it any other way. I have my hands tied, waiting for 18th to see if they pay up. If not, I have my letter ready and waiting.
  9. Oh, and I forgot to say that the way they keep you hooked is to 'review' your contract every 12 months. Any slight change to the original generates another 36 month contract! Clever, aren't they???? I have yet to face this predicament but I have failed, so far, to get in writing a confirmation that it won't happen. Even though O2 told me that as long as nothing is changed, the 36 month contract will continue as before. Well, that's how a normal company would behave! There is nothing 'normal' about FC!
  10. Of course it matters that you don't have a business! As a consumer you are protected by laws/rights that don't apply to businesses. And they know that! Ofcom confirms it. We know how questionable their company ethos is but they do seem to be operating just within the boundaries of the law. Except, of course, when it comes to not paying. That must be through the courts, small claims court. It's the only thing that makes them respond. You've tried the polite, normal, gentle pressure route (same as me) but all you get are false promises and lies......maybe one months payment if you're lucky, then back to status quo. Even the big service providers don't want to know. Sure, they can and will exert pressure but only once it seems. I tried the O2 route and very quickly exhausted their powers. I received a final response after a very short intervention and was directed to the ombudsman due to 'deadlock'. As individual small businesses we simply don't have the time to waste on these tiresome predators. Together, we can make a difference. We need lots of threads to spread the experiences and encourage more (of which there must be thousands) to come forward. I am shocked there is so little information about them online. They have to be exposed.
  11. You should remove/hide personal details! Your contract is a bit different from mine. I have a SIM only but I did sign a contract on the phone. Quite honestly, the only part I saw and signed was the DD agreement with O2. They insist I saw the rest but I don't remember. Then they copied my signature on to 3 more places. Again, they insisted it was with my consent??? You should have a contract, though. It doesn't look like you have one. Those are the t&c's and confirmation of your tariff and early termination fee they promised to pay. It looks a bit vague!.....up to that figure! Where did you sign? Also I'm still confused about Plan.com and why they're involved?
  12. I thought Plan.com was another, separate, third party? If so, that's 3 parties involved. Did you sign the 'contract' on your phone (as I did) and not even see it? Did they send you a copy after and then refer to it every time you complain? The termination fee should have been repaid by now. Even their t&c's say up to 180 days! You're past that now. BF is the one to answer legals and how to proceed. It sounds like you have got call recordings but if not, you can demand them from FC. They sent me a partial recording by email when I complained about no cooling off period. They did say that but it was gone through so quickly that even on the recording I had to listen twice!
  13. Thanks, BF. I have 50+ screenshots filed! Also, phone transcripts, emails etc. safely stored together, ready and waiting. Ombudsman and O2?
  14. Thank you, BF, I'll happily do that. So, if payments are to be made on 18th (see below), I send letter around 7th/8th? I've just gone to their last email (promising me the world!!) and dammit, Liam promised payments on the 18th of the month. I'll wait this month and send the letter on 18th if unpaid. If you are reading this Future Cons, take note! This is confusing because I was told earlier that payments used to be made between 15-18th month but they had changed them to 1st month to coincide with most people's phone bills???! Anyway, I now have the letter ready and waiting. So deflated! Should I sit on the final response letter from O2 before the ombudsman? Valid for a year. I know they are inundated and it takes forever but it would set a precedent.
  15. Mark, please do start your own thread! I am mystified why SO many victims are NOT coming forward. We need to publicly shame this appalling company to save others falling into their trap. Well, for me, it is 1st of the month and no money sent to my account. A letter before action is on its way. Mark - as for your early termination fee you have to demand it. They will try and tell you they can withhold it for 180 days. That is up now! Oh, and did you send a copy of your final bill from your previous provider within 14 days? Read the small print on their t&c's (you will only see it on their website - they use the provider's t&c's on your contract!!….just to confuse you). They will probably use that to tell you 'they are not obliged to refund you'. Just another of their clever ruses to keep your money. It truly beggars belief.....get everything in writing (they hate it and most can't spell) but insist.
  16. No, it was O2 forcing their hand that day. It was confirmed by O2 that the person dealing with my complaint had contacted FC. They may, or may not be monitoring this thread. The sum owing was paid into my account immediately. So, what did I have to act on? How could I send the threatening letter before action? However, now I don't have O2 to rely on since they can't help me further. Or don't want to. Of course I am being played. Like every other sucker.
  17. Exactly what I said. On the same day as I was writing/sending the letter before action, they paid up. 11th Feb. The next one is due on 1st March. During March they promised to pay my early exit fee.
  18. Oh, and to add insult to injury I had a letter from O2 informing me my tariff is increasing by 2.5% (within RPI??) from April!
  19. Yes, Reedy17, do start your own thread and I will follow it. Firstly, commiserations! Secondly, don't give up. Update from me: On the very day I was sending them a letter before action I had a call from FC promising to pay the last 2 months cashback. I argued it should include VAT, they argued back they hadn't agreed to that. Meaning that if I wasn't VAT registered I'd be paying an extra £3.60/pm. I was passed to a more senior (if there are such things) member of staff who seemed to want to pacify me. He agreed to the addition of VAT. They did pay me £36 (without VAT!) that was owed and promised a standing order had now been set up to pay me each month. Being suspicious of why I got a call I contacted O2. After my complaint at the end of January, they 'assumed' FC had paid me and closed the complaint. Meanwhile I had emailed O2 a few days before to inform them the payment hadn't been paid. It must have got picked up and acted on that day. However, despite all this I was told by O2 we had 'deadlock'. Basically, they had exhausted their 'powers' and they sent me a 'final letter' so I could go to the Ombudsman. A few weeks earlier I had asked both FC and O2 to explain the 'contract'. Who wielded the power and who's t&c's did I follow? After pushing both I had a reply from each one. Neither answering my questions properly. O2 said my financial contract is with FC but the service is through them (well, well!)…...yet it's O2 who take my money. FC insisted they use O2's t&c's on the contract (when I questioned it closely) 'because they are almost the same'!!!!! Obviously not, because O2 always give a 14 day cooling off period to ALL customers. At which point I was drained!! So, to sum up I have O2 washing their hands of me and FC making (probably false) promises.
  20. Thank you. Interesting. I think I came across it earlier which made me hopeful I could exercise my 14 day cooling off period. However, when I tried to cancel, on day 3 of the contract starting I was told by FC that they don't offer it and because I'm a 'business' have none of the same rights (as a consumer). As far as the contract being in durable form, FC argued that they HAD shown it to me at the time of me signing. That's where I said if they did, 'it flashed up and I must have blinked' !! like I said. They are a crafty bunch and have their backs covered every which way. They did email it to me after I'd signed. Yes, I do use the phone for both personal and business. I deduct the personal bits. It could easily be the other way round. But it isn't, sadly, in this case.
  21. OK, definitely. As I said I'm building up my portfolio. Also, the guy I mentioned wants to come aboard. Hopefully we can muster more.....
  22. Yessss! I feared it might be too early yet. But, no, there's no time like the present and I am getting pretty annoyed by their tactics. I'm going to familiarise myself with the proceedings after sending the letter tomorrow. I am still collecting everything I can find about them and already have a case folder. Also, at least 50 screenshots from other reviews. Good to know I will have some leverage against them. Thank you!!
  23. The money is not much yet. I have paid 2 DD's to O2, another due this month. No cashback so far. FC promised O2 and myself that on 1st Feb I would get the cashback (2 x £18 +VAT), one month's free bill to compensate my complaints (no idea how that'll work since it's O2 who take my money!) and the termination fee of £156 to be paid in March. I had expected the termination fee within a few days. No. FC say it can take 180 days!! Gets longer by the minute! Absolutely predictable. Nothing. This will just go on and on like a game. That is why I am trying to plan some sort of action for the future now. OK, I've texted the guy who is also having problems (but not accepting any of it). He has successfully taken them to court several times. Hopefully, he'll join us here. There are obviously 000's more out there!
  24. Firstly, just as I thought, Sitting Duck! But I am most definitely up for making both their lives pretty uncomfortable. So, they think they're on to a winner here. Well, let's see how long it lasts. Everything so far has panned out just as I expected it to. From the moment I put the phone down on 4th Dec 18. Predictable if nothing else. All the negative reviews relate to the same issue. Reel in customers and keep all the commission to themselves. Hire staff to pay lip service, making promises they have no intentions of keeping. The court papers are very interesting!! Surprised there's only one action not satisfied! Or do others just accept it meekly?? Surely not. I am in touch with one other person so far (mentioned earlier) who is not taking it lying down. Will the court release information to me? Is it public? I can't thank you enough, BF! What may seem like a trivial matter on the surface has undercurrents!
  25. Oh, sorry, didn't reply fully. I don't have any payments going to FC.
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