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Everything posted by Moz1972

  1. Okay, thank you, I will send this tomorrow.
  2. It was Ombudsman: Communications. The Ombudsman report states: "TM say its records indicate that this option was selected at the point of sale; I have no reason to dispute this." They have provided an order summary which says 'no safety buffer'. This differs from what was emailed to me. I have not sent an SAR.
  3. In February I may have inadverdantly used some data in an airport resulting in a bill for around £260. I disputed this bill on the grounds that a safety buffer should have been on my account. TM claim I removed the safety buffer when I upgraded however I dispute this. In an email confirmation I received when I upgraded, there is no mention of the safety buffer at all. Having reached deadlock, I escalated the matter to the Ombudsman. During the course of my complaint, TM terminated my contract as the oustanding balance remained unpaid. I had offered to pay any bills other than that which was disputed however TM ignored this and the total they now claim I owe is in the region of £1600. The Ombudsman have ruled in favour of TM. They say that they cannot prove one way or another whether I removed the safety buffer while upgrading however they think it is more likely that I did. They have offered no rationale for this. I have stated that TM's actions in terminating the contract and billing me for the outstanding value while a bill is under dispute goes against the spirt of offering a resolution service and in fact undermines it. The Ombudsman accept this but have no powers to do anything about it. TM claim their records show I removed the safety buffer. An online order confirmation appears to show this however this was never sent to me and the email confirmation does not mention it at all. There is a data cap which applies to roaming outside the EU. Even without the safety buffer, I do not believe I have ever opted out of this. Finally, TM's mobile states the following: "If you’re not on a Capped contract or have removed your safety buffer We’ll still protect you with a high-usage limit!to stop you running up unexpectedly high bills. This limit varies per tariff but could be !up to! 4 times the cost of your monthly tariff. If you reach this high-usage limit you won’t be able to use your phone until you make a payment. Also, there’s a limit on how much you can spend on data abroad – to help you avoid a scary bill when you get home. You can spend up to £40 on data, but! after that we’ll bar your device, so you don’t rack up any more charges. If this happens, you can call us on 4455 from your Tesco Mobile phone, or call our automated payment line free on 4488 and once you’ve made a payment you can use your phone again within 2 hours. If you’re on a tariff with a safety buffer!then you can protect what you spend by choosing a safety buffer that’s right for you. If you’re happy to spend more than £40 on data when you’re away, call us on 4455 before you go." TM did not apply any bar on my phone after the £40 limit. I think it is clear from the above that, even if TM's contention that I had removed the safety buffer is correct, the bill should still not have exceded £40. The Ombudsman did not consider this final piece of information as it was not available to me at the time. I am looking for advice on how to proceed. My main concern here is removing adverse information from my credit file as soon as possible and obviously I have no intention of paying monies that I do not owe. From what I can gather I may need to take the matter to court but this would also cost me money I would rather not spend.
  4. Yes. Sent it by email to the court and claimant. CCA was never actioned by them. Only contact I had in between was an email from Shoosmiths asking for my name, address, post code and date of birth which I did not respond to. The court did also send another letter saying they acknowledge I was contesting the claim and that they had 30 days to produce be relevant documents.
  5. Received a letter from Shoosmiths last week saying they were no longer pursuing along with a notice of abandonment. Happy days. Thanks for the help and advice.
  6. Can I just check what, if anything, I should do about the jurisdiction issue. I don't believe the court has jurisdiction over the claim.
  7. No signature. Believe it was sent first class. I have registered on the electoral roll at my new property earlier this year. Haven't had any creditors that I'm aware of to inform. Didn't update my credit file with the new address other than registering on the electoral roll. I received emails from the original creditor when payments were made. I've checked my records and that was the date of the last email I received from them. And it was February this year that I moved.
  8. name the issuing court: Paisley Sheriff Court Who Is The Claimant: Capquest Investments Limited Who Are the Solicitors: Shoosmiths LLP What type of action? (simple/Ordinary): Simple What is the claim for: 1.The claimants are a finance company which inter alia operates the business of debt purchasing. 2.By virtue of a debt purchase agreement (“the Agreement”) between the claimants and Shop Direct Limited (“the Original Owner”) dated 28/03/2013, 3.the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as at the date of the Agreement and in particular in relation to the contract hereinafter condescended upon. That said assignation was intimated to the respondent by way of a written notice on or around 28/03/2013. 4.The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fall. Last Date Of Service:- 17/07/2017 Last Date For Response:- 07/08/2017 What Documents are listed in Box E2: A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon. Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Catalogue When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Don’t know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was you last payment:- 31/07/2012 Why did you cease payments:- Financial problems and health issues Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? I had made enquiries about entering a debt management plan through a third party however no payments were ever made. One piece of additional info that may be relevant. The letter was posted through the door of my previous address. My parents still live there however I now live in Edinburgh.
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