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caverncity

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About caverncity

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  1. Hello, I will keep it short. I bought a TV from JL in May 2018 I noticed a possible fault and have video evidence with dates etc so confirm it was within the 30 days and six months, I made a silly error of trying to put up with it as wasnt sure if it was a fault or that it was a characteristic of LCD TV's (I had a plasma) only down the line nearly six months later I am to find it was a faulty panel and a new panel for my TV was needed. I understand under the Consumer rights after 30 days but before six months I have to give the retailer a chance to repair if they think that is the best way forward (I asked for a refund/replacement first, they said no) an engineer confirmed it was faulty and a new panel was supplied by Panasonic and the repair at my home was to happen today. After an hour of stripping the TV down and the new panel fitted it was put back together and powered up but only to find that the new panel was smashed so you can imagine how annoyed myself and the engineer was. The TV has been taken away to be repaired in the workshop. I contacted JL and rejected the goods as unfit and the fact they have had one chance of repair which was unsuccessful. They replied that the TV will go ahead and will be repaired and returned to me and I would get a small compensation. I said no I am rejecting it but they insist that because it wasnt actually fully put back together (back panel was still off) and tested that it isnt classed as a unsuccessful repair. So what do you think, am I right or are they right? they are now waiting for a Martin Dawes report. I have sent a letter of rejection. I paid using paypal and £100 JL voucher. My mistake and I know I am kicking myself was not to do this within the first 30 days but I have my reasons. thanks ​ Fuming even more now. The engineer JL used, Martin Dawes have just rang to tell me they have put the old panel back in and say its within spec. it certainly isnt, this is the same engineers who stated it had a faulty panel in the first place and agreed with my complaints about banding, pixelation etc. I did notice when the engineer was moving the new panel on the trestle they use he bent it downwards but though nothing of it, maybe he had broken it and or Panasonic wont replace it so looking for an easy way out or JL have had a word.
  2. Well just an update. Finally received a reply from my email/letter telling me the £360 was what they paid for the phone. They also said they would accept my offer of £120 which has been paid and account now closed. Time to move on I think!
  3. Hi seeing as i have had a final demand letter and to save spamming would it be advisable/possible to move this to the legal forum in-case this thread is overlooked and someone there may be able to advise more. Also if I decide to pay the full amount of the demand in protest can I take them to a small claims court to try and get all or part of it back. I am prepared to pay some of it if it wasnt my phone which is debatable but as they are ignoring me I was thinking of paying all off it to stop it going to a debt recovery or court. I rang t-mobile too and they cant understand why they are asking for the cost of the phone and will (if they do) send a letter to confirm I paid up by buying out my contract and have fulfilled the term. THANKS
  4. Well sent letter of dispute asking to negotiate to which according to royal mail they have received today. I also received today a letter through the post exactly the same as the email asking for said debt to be paid, this time though it was broken down as £300 plus £60 VAT for the phone, a phone that is two years old discontinued and was only £279 on release and later reduced to £199. Earlier on I also received via email from A1 Comms a standard Final demand with no reference to my letter or previous email I sent asking to negotiate.
  5. Just checked online their CCA licence is pending. Application / Licence Details Licence Number: 0665883 Licence Status: Pending It would be interesting to know if "a company" should have a CCA when offering free goods subject to a contract but add in their T&C a clawback value for said goods if the contract is broken. Or even if its subject to a higher purchase agreement. I might be clutching here!
  6. I have found similar cases to mine but havent heard of them following through. I have Even emailed them to ask if a1 followed through but didnt get any replies. Yeh i agree with you on the other contract. they make it to fleece customers when most people buy out or downgrade their contracts especially now when money is tight.
  7. If this is two contracts as they say then contract one is a service contract so not subject to The CCA then what is contract two. ? If its a free phone that has a reclaim value within the term then will that be subject to the CCA?
  8. I told them that but they said thats fine but i hadnt fullfilled their 24 mth contract and broke their terms. I will email them a copy of the final bill and reiterate that i met the full term.
  9. Yes I did read your post hence why I posted my dilemma. Yours was cancelled due to signal but I cancelled mine, well bought out the contract. Say a contract is 24 months long and I ring the provider and ask how many months left and they say six. I then ask can I pay the remaining months and they say yes for "this amount" and I pay up in full then surely I have met the 24 month terms?
  10. I am still unsure if they are right I have as recommended by CAB emailed a letter with an offer for the average cost of the phone in todays market or a replacement phone but I will need to buy another phone. I have not heard anything back in relation to my offer received a new letter of demand instead this time headed A1 Comms, the other was headed buymobiles. Not sure if its being ignored so will have to post it recorded instead, sending Monday recorded. I have found the Sales of Goods Act 1982 which refers to supplying goods free during a contract but as a layman its a bit hard to understand most or all of it or if any applies to this and if in my favour or not. If they choose to ignore my offer then that wont go in their favour and if it does got to a debt recovery I shall be sending a Cease & Desist letter for the amount they are asking. Not sure if I send it to Buymobiles or wait till it goes to debt recovery which I dont want it to but if they abide by the C&D letter then at least a judge will see the debt and may get my day in court. It has been brought to my attention by A1 that i had two contracts this wasnt pointed out and no way was I aware of it. If this is the case of two contracts one being with T-Mobile and one with A1 then the phone was surely lent to me for a period of 24 months and in my eyes that is a loan agreement to which I never signed nor did I receive by post a hard copy of an agreement to sign. Unless I am wrong thinking it is a loan? I will send a CCA request as to me if the phone is not free as advertised and is part of a contract for 24 months then that is a loan agreement. Am I right in thinking a loan agreement has to be sent out as a hard copy and signed by the customer.
  11. LETTER OF DEMAND PURSUANT TO THE CIVIL PROCEDURE RULES 1998 AND ANNEX B OF THE PRACTICE DIRECTION-PRE ACTION CONDUCT Dear We have been notified by your service provider T-Mobile that you have recently been disconnected. As a result, in accordance with our terms and conditions, which are fully particularised below, we now require you to pay to us the following sum, for the products provided; Amount due £360.00 or Return of Goods Return Address; A1comms Ltd (F.A.O The Collections Team) Contract House Turnpike Business Park Alfreton DE55 7AD Alternatively the goods supplied can be returned (to the address at the top of this letter) but must be in good condition and in full working order. You have 7 days from the date of this letter to return the products failing which we will proceed to recover from you the cost of the products as particularised below. Assuming you fail to return the products in good working order within 7 days, it is our policy to provide you with one opportunity to settle the debt prior to legal action being commenced. This letter is therefore being sent pursuant to the Civil Procedure Rules 1998 and in accordance with Annex B of the Practice Direction – Pre Action Conduct. We should highlight that should you fail to pay pursuant to this letter within 7 days (assuming you haven’t returned the products in good working order) we will either commence court proceedings or alternatively we may pass the debt on to a third party which will then in turn commence a court claim to recover the monies due. This letter should therefore be taken seriously. 1 The Debt 1.1 As stated you owe a total of £360.00, to us. Please note should payment not be forthcoming and a claim is issued we reserve the right to claim statutory interest at a rate of 8% in respect of each of the amounts from their due dates following our payment requests, to the date of actual payment. 2 The Claim 2.1 In anticipation of forthcoming legal proceedings (assuming the goods are not returned or paid for pursuant to the terms and conditions below), we will summarise our position below. 2.2 You entered into a contract with us when ordering the phone and tariff from our website. After you placed an order you will have received an email from us acknowledging that we have received your order. Once Goods were dispatched to you, having passed security checks, you will have been sent by email a Dispatch Confirmation. This is when the contract was formed between you and A1 Comms Limited. 2.3 By proceeding to confirm the order on our website you indicated agreement to our terms and conditions, a copy of which you are directed to on the website. 2.4 These terms and conditions note the following: 2.4.1 “By ordering goods you agree to be bound by these Terms...” 2.4.2 “If you purchase a Contract phone or Sim-Only we will often charge you less for those Goods than the amount we would charge if you were buying them without a Network Contract (the Retail Price). You acknowledge that us providing those Goods to you for free or at less than the Retail Price is conditional on you not downgrading your Tariff or ending your Network Contract during the Minimum Term.” 2.4.3 “Except in circumstances where you cancel your Contract and your Network Contract in accordance with clause 9, if your Network Contract ends before the end of the Minimum Term or if you downgrade your Tariff then: 2.4.4 Clause 4.6.1 - Within 7 days of the downgrade or end of the Network Contract you must: (a) Pay us the difference between the price you paid for the Contract Phone or Sim-Only and a sum equal to the Retail Price including VAT, plus the market value of the Promotional Products plus VAT; or (b) If the contract Phone or Sim-Only and any associated Promotional Products are in good working order, fully functioning and intact you can return them to us”; 2.4.5 Clause 4.7 – “If you do not make the payment required under clause 4.6.1 then we will be entitled to take back the Contract Phone or Sim-Only and any associated Promotional Products and you must return them to us as soon as we ask you to do so”. 2.4.6 Clause 4.8 – “If you fail to return any Contract Phone and Promotional Products under clause 4.7 we will commence proceedings to recover the cost of the Goods from you including but not exclusive to invoicing you for the sums owed”. 2.5 As a result, you are clearly in breach of the contract. As stated, on the basis that the goods are not returned within 7 days pursuant to the terms and conditions, the total amount due currently amounts to £360.00. Please note should proceedings be issued interest can be claimed at the statutory rate of 8% from the date each amount fell due to the date at which settlement is received. 2.6 Payment of the Goods can be made using debit or credit card by contacting us on the telephone number 0345 413 6212. 3 The Next Steps 3.1 Should the goods not be returned nor payment made in full, we will be left with no other option than to commence legal proceedings in 14 days or pass the debt to a third party to recover payment. In the event that proceedings are issued, we or the third party will seek to statutory interest, and seek to recover any legal costs of bringing the claim in addition to the balance discussed above. Any legal proceedings could result in a county court judgment being entered against you which if unpaid, could impact on your ability to raise credit in the future. 3.2 Finally, we are obliged to advise you that you may wish to take independent legal advice in respect of this matter. Free independent advice and assistance can be obtained from several organisations. If you require any advice on this please contact us for details. We look forward to hearing from you as a matter of urgency. Yours sincerely Collections Team
  12. Hello, By searching google I can see this has happened to a number of people however there hasnt been any conclusion so here is my problem and not sure where I stand. Out of the blue I received a shocking & demanding email from buymobiles asking me for £360 or return of goods within 7 days as, as they say I have been disconnected from T-Mobile. In April 2013 I followed a link from HDUK for a Nexus 4 at £15.50 a month with a free phone. I took up this offer and received said phone and paid T-Mobile every month however on the 18 month due to the small amount of minutes I had I decided to buy out my contract by ringing up T-Mobile and asking for a pac code which in turn gave me a final bill of approx £66. I then checked using checkmend if T-Mobile had a hold on the phone and it came up clear so sold it and used the money to pay off my bill. I then took out another contract with EE. Now I have received this email and am very annoyed about it, one that the phone was advertised as free, two that the phone was £279 new at the time and after 18 months is no where near worth £360 three that I dont know where I stand. Also they state I have recently been disconnected and have not fullfilled the minimum 2 years. But i have as I bought out the remaining months and T-Mobile said thats all I need to pay. I have just checked the terms on their site and the only one was EE and that states after six months the phone is mine to keep. I am not sure what the terms stated at the time of purchase or if I actually read them. I have finished off contracts before and have not had this happen. The email is in my next post. I understand these are not terms so not sure where they have come from and why they are paragraphed the way they are. Seems to me this company are bullies and have found a way of demanding extra money from customers when they upgrade etc early using another company or provider. Using "waybackmachine" I have found the original offer give or take a day and it clearly says phone FREE as does their terms however it seems the phone isnt free its on loan. Buymobiles have informed me there are two contracts one for the network and one for the phone. I emailed them back and I have just received this reply. I asked for a breakdown of their loss in me ending the contract early. I told them i bought the contract out. I asked for a hard copy of the terms of the sale which they sent but they could easily be changed in their favour if they think I dont have them. "In regard to this the payment for the goods or return of the goods has been requested as the network have advised us that the contract has been disconnected during the minimum term. When you placed the order you entered into two contracts, one for the airtime which is with the network provider and one contract for the goods which is with ourselves. A disconnection of any kind within the minimum term is a breach of this agreement, if you have ended the contract early this is still classed as a disconnection . We require the debt to be paid to ourselves or the goods returned, the amount due is the handset cost + VAT. I have attached the Terms and Conditions which is your agreement . " No where did it say I was entering into two contracts. If they are saying the phone was part of a loan agreement then law states they must send me an agreement to which I sign which includes the terms. This didnt happen. Annoyingly I was going to keep the phone and tariff as a spare but wanted my gold number to use on my new contract. I didnt even save much ending it approx £25. Kicking myself! dont know which way to turn now.
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