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Everything posted by installspark

  1. Buzby, you were right, the article was published by the Mail. That article is vague about certain details. Was the claimant trying to cancel under the DSR? Was he within any cooling off period? How "soon" did he realise that he couldn't get a usable signal, and was that indoors or outdoors? Did Orange defend the claim or was it judgement by default?
  2. You will be able to cancel your contract early, subject to the 30 day required notice and early termination fees. This can be done over the phone, but I suggest that you also send the notice in writing as well. In respect of the charges these will all be billed on the final bill an will comprise of any balance outstanding, outstanding call/text/data charges and the early termination fee. The early termination fee will be the number of months remaining on the original contract period by the contract price. In your case you will expect to see a final bill of approx £507 excluding call/txt/data charges. This would normally be claimed in full 14 days after billing, so cancel your DD with the bank. T-Mobile should be able to accept a payment plan to clear this balance once the final billing has been done. I would recommend that you do a full income and expenditure to make a realistic proposal as to how much you can comfortably afford to pay each month as £25 pm is 12.68% of your current income.
  3. They may well argue that you cannot return under this clause: 7.5 No right of cancellation exists for Goods where you have agreed to a connection or service contract with a mobile phone network as specified in that networks separate terms and conditions. However, that in itself is an unfair contract term as most networks allow you up to 14 days (depending on which network you have chosen) from receiving your order to cancel the airtime contract - note this does not apply to upgrades. Provided that you have not made any calls or texts, nor used any form of data e.g internet, and you did not make any changes to the settings on the handset including, but not limited to, changing the time and date then you will be able to return the handset under the DSR and cancel the airtime contract without ay termination fees. As Buzby states, send copies to both the supplier and the network.
  4. There is a fuller list of energy companies and trust funds here
  5. It's the responsibility of Vodaphone to get this sorted for you as the contract is between you and them for the airtime access. Send them another letter stating that your issue still has not been resolved.
  6. Dial a phone, or their insurance company as I believe you are making a claim on insurance taken, are not liable to provide you with a replacement handset, they should however be ensuring that a replacement battery is received. To this end it would be worth following the insurance company's formal complaints procedure, details of which they are obliged to give you, bear in mind that they are allowed up to 8 weeks to send their final response. It may be quicker for you to purchase the battery yourself and then invoice the insurance company for the battery and reasonable costs involved. In terms of cancelling your contract, you will have no grounds to do so as there is no breach in the agreement between yourself and the network provider nor would you be able to claim frustration of contract under the SoGA as the loss of the battery is accidental damage and not a fault of the handset itself.
  7. Thought this topic rang a bell.... RachM, did you do as was suggested, on 13/01/09, in this thread you started Dial A Phone/vodafone - Wrong Tariff, Help!??????
  8. A google search on the number also returns this: All Mortgages & Loans Ltd. 31 The Precinct, Wesley Court, Blaydon-On-Tyne, Tyne and Wear NE21 5BT Telephone: 0191 4990990 Cross searching the company name and location with BT directory enquiries and yell confirms this, cannot find Burnham Logistics Ltd anywhere but a local life entry.
  9. According to a Freedom of Information request and the OFT response on 17 September 2008 it is Part 9 of Enterprise Act 2002 (c40.) which prevents disclosure.
  10. Email Sky's CEO Jeremy Darroch. Can't get much higher than that jeremy.darrochatbskyb.com
  11. The trackerball on the G1 is not fundamentally essential for use of the phone as it will operate without the trackerball by touch screen. Therefore it could be argued that the handset was fit for purpose.
  12. Yes, not that there is any dated postmark on it. Have written the date it was received on though.
  13. Oops, had left some identifiable info, now removed. The actual notice is not dated, the letter accompanying the notice is and was dated 21/01 but as they sent it by 2nd class post it wasn't received until 26/01. This only gives a period of 7 days. Also the arrears which are shown include 3 x Late fees and 3 x over limit fees plus contractual interest on same.
  14. Received a default notice from Vanquis today, sent by second class post. Aside from the charges for late payment and over limit being included, is the notice valid?? Letter accompanying DN DN
  15. They should read their own T&C's as it clearly states It is the Office of Fair Trading who issue the consumer credit license. As Customer Services have not resolved your initial telephone complaint you will need to follow B&Q Financial Services' (aka HSBC Group) complaints procedure. Send a formal written complaint to the Customer Services Manager, by Special Delivery, to the B&Q Financial Services full postal address with a copy to the head office. They then have a period of 8 weeks in which to provide their final response, after which you may refer the case to the Financial Ombudsman Service. Customer Service full postal address: Customer Services Manager B&Q Financial Services (HSBC Group) 22-24 Colmore Row Jewellery Quarter Birmingham B3 2QD Head Office address: Customer Services Manager B&Q Financial Services Limited (HSBC Group) North Street Winkfield Windsor Berkshire SL4 4TD Financial Ombudsman Service address: The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR The Financial Ombudsman Service Complaint Form
  16. No. There are no 'loopholes' that you can use to get out of the contract that you took for your ex partner. The most you can do is to reduce your tariff by one price point per month until it reaches the lowest tariff of £20.00, and in May give your 30 days notice to cancel. Alternatively you can give your 30 days notice now and pay the term fee which is equivalent to 5x tariff cost in your situation. The insurance covers you for loss, theft, unauthorised calls following loss/theft and accidental damage. Also change your security password on the account if your ex partner knew it.
  17. The finance company are trying to fob you off. Under s75 Consumer Credit Act, the finance company are jointly and severally liable, i.e you can sue either the supplier, the finance company or both. However it is usually good practice to approach the supplier first to attempt an amicable resolution. In terms of the VAT rate, unless your contract to supply doesn't include a term to the effect that VAT is charged at the prevailing rate at time of order (and most contracts state this), then you will be able to claim the difference charge between order placement and date of supply.
  18. Did you contact T-mobile within the fourteen day period as mentioned by Buzby??? You can use the Mobile Broadband. Mobile Broadband also gives you access to the T-Mobile WiFi hotspots as part of the package. Whether or not you chose to do this is your decision but T-Mobile are providing the means and opportunity to take advantage of their Mobile Broadband package.
  19. This would be correct had you only dealt with the seller. You would have been able to seek a repair, replacement or refund under SoGA. Any refund would have taken into account your "enjoyment" of the PSU. You would have needed to prove the claiom that there was a known manufacuring defect or the product was inherently faulty, the cost of this could have been claimed back after proof had been obtained. No. However see response to your last question. Without reading the original warranty, cannot comment on this. In my opinion no, as there is no relationship between you, the repair agent or the manufacturer that could be sufficiently close or direct enough to support a legal claim. Your contract was with the seller of the PSU not the manufacturer or repair agent. The contract which was formed at time of purchase was between you and the seller, and this is whom you should have dealt with initially. The seller is now no longer obligated under the Sales of Goods Act to provide any form of restitution as the PSU you have in your possession is not the PSU as supplied originally. By dealing with the manufacturer/manufacturer's repair agent directly, you have negated your rights under the Sales of Goods Act. This would depend on the actual T&C of the repair company. It is possible that it can be deemed to be an unfair term, however it would need to be proved that a contract existed between both parties. You could approach the seller and ask if they would be prepared to offer some form of restitution as goodwill. Other than that, you will need to prove that the PSU was inherently faulty and then approach the repair agent in respect of the replacement PSU and hope that they make a gesture of goodwill. Most warranties on replacements are for 90 days as the units supplied are often refurbished.
  20. I must be lucky as the trackball on mine is working fine.
  21. It would range from every chance to slim chance. A lot depends on how you financed the purchase. If it was done on a credit card or credit agreement, then you will be able to get your money back through s75 Consumer Credit Act. This makes the credit card company or finance company jointly liable. If you paid by debit card, then there is less chance of obtaining your money back as this will depend on the administrators of the company. That said, it may be possible to do a chargeback via your bank.
  22. Sadly you are not automatically entitled to a brand new handset. The Sales of Goods Act provides for repair, replacement or refund depending on which, in the opinion of the seller, is the most economically viable option and taking into account the length of time you have had the product. Generally If you have only had the phone a few weeks or haven’t had a reasonable opportunity to check it, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement. If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory. If you have had the phone longer than a few weeks or have had a reasonable opportunity to check it, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of having somebody else repair the phone. On this occasion Customer Services are correct. If you had purchased the G1 directly from T-Mobile, via the internet or phone, then they would be liable under the SoGA; as you purchased the G1 from a retail store then it is the store's responsibility to ensure that their obligations under the Soga are fulfilled. And here they are partially incorrect. Since March 2003 any guarantee or warranty offered by a supplier is legally binding. They should also be written clearly, unambiguous and made available upon request by the customer prior to purchase. T-Mobile are not the only network to run it's core business separately from it's retail business. There is also the possibility, like o2, that some retail stores are franchises.
  23. There'll be a few insurance companies rapidly looking for a new supplier as a result.
  24. Some have involved bunnies with axes that have been chasing me around Asda. Others, if I could have filmed them, would make a fortune in the porn industry if they passed censorship...... The worst of the side effects has to be the insomnia.
  25. My GP won't let you have Champix if you have previously had any documented form of psychiatric illness as it is known to lead to suicidal thoughts in this type of patient. So far I've come down from 20 a day to 3 a day, and am finding the need to have a smoke decreasing, no longer finding that I want to smoke. The downside has been the side effects - very bad, constant nausea, headaches, tiredness, insomnia and abnormal dreams. Some of the dreams have been very weird and some XXX rated (or is that just me??? ).
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