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  1. You seem to be completely missing the point. I accept that Orange charge for the service of sending a delivery report. I accept that it is indeed in Orange's T&Cs. That is not the issue and is completely beside the point. The issue is that the T&Cs which bmp present as being the T&Cs of Orange do not contain this tariff. I will repeat that, the T&Cs which bmp present to new customers, who are then requested to read said terms WITH THE IMPLICIT EXPECTATION THAT THESE TERMS ARE CORRECT do not contain this tariff. It is therefore, by definition, a hidden charge and BMP are therefore mis-representing the T&Cs of Orange. I admit that I am struggling to understand why you cannot understand this. skb ETA: I refer you again to ofcoms guidlines on mis-selling Clearly, presenting erroneous T&Cs to new customers which fail to detail a charge said customers will be levied is the omission of relevant information. If it is not then why not and how big an omission would it have to be to count?
  2. Except that on check out you are presented with what are claimed to be Orange's T&Cs which you are requested to read prior to purchase. These are the terms that are agreed to. Thus BMP have a clear responsibity to accurately portray the terms of Orange. If they fail to do so then they should be able to be held accountable Ofcom would seem to agree with me: Mobile Mis-selling - FAQ | Ofcom skb
  3. To update the situ: Orange are maintaining their postitive and will not waive the charges. BMP have also responded via email with a typically bs reply that totally misses the point: Damn idiots. So what now? skb
  4. Sorry yes, my fingers must have been flapping on the number pad, it amounts to around £6/mnth which over 18 months is £108. The 1p per delivery msg on first glance seems like a piddling amount but it soon adds up. Its doubly annoying because my gf moved over from vodafone who don't charge anything for the same service. I am aware peeps might think we're digging our heels in over nothing but this is really ******** us off. Finances being what they are it was imperative that the monthly bill was kept at £40 so for it to leap to £46+ (and note that it could be more because 600 is the minimum number of txts sent, it could easily be 1000 or more in any given month)..anyway rambling again... skb
  5. ...and bmps T&Cs Buy Mobile Phones - Terms & Conditions skb
  6. Sod it, here the Orange T&Cs that bmp present as of 02:43 28/05/2010. If your using firefox do a ctrl F to search on delivery/text etc to save yourself reading through the whole lot. Uh, an mods feel free to remove the lot if I have violated anything. http://www.buymobilephones.net/info_terms.php?id=6
  7. Jut to be be clear it is not Orange that is at fault here. We had hoped that in a desire to retain customers they would waive/reimburse the fee but alas they are not willing to do so. What is at issue here is the disparity between the T&Cs as presented by bmp and Orange. I have taken the liberty of saving a copy (just in case they decide to get themselves upto date and change them) of the T&cs which bmp request you to read prior to accepting the contractual agreement which I more than happy to post here for the brains in the know to peruse skb
  8. I'm a wee bit typsy so forgive me for any rambling. To try and cut down on said rambling I shall utilise the power of bullet points (to save on typing from here on in buymobilephones=bmp).m Note that this is a wee bit complicated due to the fact that bmf dont seem to have a clue what the hell they are talking about. 1) The contract is past the 14 day get out phase. 2) On discovering the charge for the delivery notice she contacted bmf 3) Initially they were very dismissive thinking my gf was just being stupid. They did then go through the T&Cs which they present to potential Orange customers and agreed that indeed in does not contain a clause relating to the fee for delivery status of text msgs. 4) They went onto say that in order to cancel the contract they would require a contract agreement cancellation number which would have to come from Orange. 5) GF calls Orange and the first person she speaks to is very dismissive. Not their problem. Take it up with bmp. 6) She requests a more senior member of staff from Orange call her back, which they duly did. 7) No give. It is apparently impossible to waive the fee as their systems will not allow it. They are also not willing to re-reimburse the cost on a month by month basis.. 8) She states, on my advice admittedly, that the contract has been illegally mis-represented thus she is not willingly to pay the fee for delivery charges and if they do not honour the T&Cs (note that these are the T&Cs as presented by bmp which don not contain these charges and not Orange's which do) which she agreed to then we would consider legal action. 9) Upon the threat of legal action the Orange representative was no longer able to take things, or discuss things, any further (probably for legal reasons) but did agree to have someone higher up call her tomorrow.. 10) Orange refuse to supply a cancellation agreement number. 11) I'll throw this in too, bmp are being arsey about the fact that the sin has been use...errrr yeah what do they expect exactly? So, to summarise Orange will not honour the terms as presented by bmp, and to be honest it's not their fault that their terms have been misrepresented. Orange will not waive the fees Orange will not authorize a cancellation of the policy bmp will not cancel the contract without authorisation from Orange You would think so yes, however they don't seem to give a rats arse. She has her reasons for needing a delivery report which are of a private nature. The £6+ a month adds up to over a £100 over the course of the contract. One of the reasons she took the contract out in the first place was that given the number of minutes and text msgs included it was guaranteed that her monthly bill would never exceed £40. This was a major selling point so to have in suddenly leap to £46+ a month is unacceptable. So far they they seem unwilling to budge. It means for us, at the least, lots more lengthy phone calls with them refusing to do ****. To my mind bmp have misrepresented the contract that my gf signed upto and thus they are ultimately accountable. Its just a question of what legal power we have to throw at them to resolve this issue. One further point which I must reiterise is the importance of my gf being able to keep her phone number through whatever results from this as losing it would cause no end of *** and worries. * the GF already has a phone which see wants to keep so the plan was to get a new phone + free gift (cash back) and sell the phone that came with the new agreement. Consequently the new phone is still unused and in its original packaging. skb
  9. My GF bought a mobile phone from buymobilephones at the start of march on an 18 month contract from Orange (Dolphin 40 + internet) at a cost of £40/mnth. During the purchase procedure she was presented with the Orange T&Cs which she duly read and accepted. On receiving her first bill in transpires that they charge 1p for delivery reports on text messages. This may not seem like a lot but when your sending 600+ msgs a month in soon adds up, and over the course of the contract will exceed £100. She queried this with Orange who stated that it is included in their T&Cs, and indeed it is. The issue is is that it is not stated in the T&Cs as presented by buymobilephones. Obviously she does not want to pay this charge and feels that buymobilephones have mis-represented the T7Cs of Orange. She has contacted buymobilephones who are admirably digging their heels in. She has also contacted Orange who state that the charge cannot be removed, nor will they credit her account with the appropriate amount each month and nor will they cancel the contract. She is currently awaiting Orange getting back to her with the final word on the subject and needs to recontact buymobilephones 2mrw to try and hash it out with them. A few complicating issues are: 1) She is past the 14 days get out period 2) She ported her number over to Orange and in the event they do agree to cancel the contract she does not want to lose it. 3) buymobilephones would require a cancellation reference number from Orange if they were agree to cancel, Orange will not supply this. So, I want to know where we stand on this issue. If it comes to it do we have legal recourse to slam dunk buymobilephones or Orange in line? Cheers for any advice skb
  10. He laid her on the table, so white and clean and bear. His forehead wet with beads of sweat, he rubbed her here and there. He touched her neck and felt her breast, then drooling felt her thigh. The slit was wet and all was set, he gave a joyous cry. The hole was wide...he looked inside, all was dark and murky. He rubbed his hands and stretched his arms..... Then stuffed the xmas turkey skb
  11. In the event that the bank tries to just take all your benefits as they are paid into you account to recoup the £1000 you will need to file a Right of Appropriation. Hopefully it wont come to that, first things first is to listen to the voicemail skb
  12. I think that only applies if she was to go into a home within 5 years of transfer, but dont quote me... skb
  13. Your looking at a year, minimum. What are your injuries? Hope your not too badly injured and welcome to CAG skb
  14. When you paid the first time was it the full amount from the original dispute? There is no reason why you should be paying it again if this is so. skb
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