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?

I was wondering if I would be able to ring T-Mobile and cancel the contract, then pay off the money currently owed and what they would charge me for the rest of the contract in £25 a month installments?

 

As that is all I can really afford at the moment as I have other things to pay.

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.

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.

There is a fuller list of energy companies and trust funds here

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.

obviously i am rather fed up with all this carry on and would like to either recieve a new different phone (one with a battery) or to cancel the contract.

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.

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!??????

RachM...

 

It is time to put your complaint in writing and send it by Special Delivery to

 

Vodafone Ltd

Correspondence Management

Post Room

Balliol House

Banbury

Oxon

OX17 3NS

 

In your letter detail in chronological order what has happened and the steps you have taken in trying to resolve the issue. I would enclose copies of the order confirmation form Dial a Phone and emails sent and received.

 

Clearly state in your letter what vodafone must do to resolve the issue to your satisfaction, i.e crediting back the charges incurred from 21 Nov - 17 Dec which were over and above those charges which should have been incurred for the tariff you selected. Also state that should Vodafone not be in a position to accept your reolution proposal, then you require them to issue a "Deadlock" letter in order that you may refer the matter to the ombudsman, Otelo.

 

You will need to give vodafone the balance of twelve weeks from your initial complaint to respond to your lettter. This is for the purposes of complying with Otelo should it come to that stage, eg if you made your initial complaint on 18 Dec allow vodafone up to 12 Mar. Phone companies are allowed 12 weeks to respond in full to a complaint before you can refer the matter to Otelo.

 

Otelo's contact details are:

 

Website: Office of the Telecommunications Ombudsman - Home

 

Online complaint form: Otelo - Office of the Telecommunications Ombudsman

 

Telephone: 0845 050 1614

0330 440 1614

01925 430 049

 

Postal Address: Otelo

PO Box 730

Warrington

WA4 6WU

 

I would, however, advise that you restart payment to Vodafone. Non payment will adversely affect your credit file, and Vodafone would be able to respond to any ombudsman complaint that you have failed to pay as per your terms and conditions of the contract. This may well go against you in any ombudsman complaint.

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.

Probably under Part II Freedom of Information Act 2000 (c. 36)

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.

 

Part 9 Information

 

Restrictions on disclosure

 

237 General restriction

 

(1) This section applies to specified information which relates to—

(a) the affairs of an individual;

(b) any business of an undertaking.

(2) Such information must not be disclosed—

(a) during the lifetime of the individual, or

(b) while the undertaking continues in existence,

unless the disclosure is permitted under this Part.

(3) But subsection (2) does not prevent the disclosure of any information if the information has on an earlier occasion been disclosed to the public in circumstances which do not contravene—

(a) that subsection;

(b) any other enactment or rule of law prohibiting or restricting the disclosure of the information.

(4) Nothing in this Part authorises a disclosure of information which contravenes the Data Protection Act 1998 (c. 29).

(5) Nothing in this Part affects the Competition Appeal Tribunal.

(6) This Part (except section 244) does not affect any power or duty to disclose information which exists apart from this Part.

238 Information

 

(1) Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—

(a) Part 1, 3, 4, 6, 7 or 8;

(b) an enactment specified in Schedule 14;

© such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection.

(2) It is immaterial whether information comes to a public authority before or after the passing of this Act.

(3) Public authority (except in the expression “overseas public authority”) must be construed in accordance with section 6 of the Human Rights Act 1998 (c. 42).

(4) In subsection (1) the reference to an enactment includes a reference to an enactment contained in—

(a) an Act of the Scottish Parliament;

(b) Northern Ireland legislation;

© subordinate legislation.

(5) The Secretary of State may by order amend Schedule 14.

(6) The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of—

(a) an Act of the Scottish Parliament;

(b) Northern Ireland legislation.

(7) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8 ) This section applies for the purposes of this Part.

Email Sky's CEO Jeremy Darroch. Can't get much higher than that

jeremy.darrochatbskyb.com

It is not fit for purpose That’s a legitimate claim as long as you are using the item for the purpose for which it was intended. This is the principle of fitness for purpose. There is no point claiming that paint thinner has had adverse effects if it is not being used as paint thinner! Similarly, if you are commissioning the manufacture of a product and do not specify the purposes for which it will be used you will have no recourse if it fails to live up to your expectations.

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.

Yes, not that there is any dated postmark on it. Have written the date it was received on though.

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.

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

They should read their own T&C's as it clearly states

IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR

RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your

protection which should have been complied with when this agreement was

made. If they were not, then we cannot enforce this Agreement without

getting a court order. The Act also gives you a number of rights:

1. You can settle this agreement at any time by giving notice in writing and

paying off the amount you owe under the agreement.

2. If you received unsatisfactory goods or services paid for under this

agreement, apart from any bought with a cash loan, you may have the right

to sue the supplier, us or both.

3. If the contract is not fulfilled, perhaps because the supplier has gone out of

business, you may still be able to sue us.

If you would like to know more about your rights under the Act contact either

your local Trading Standards Department or your nearest Citizens’ Advice

Bureau.

This is a copy of your Agreement for you to keep. It includes a notice about

your cancellation rights which you should read.

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

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.

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.

I had contacted t-mobile as soon as i found out that i could not get a signal at home but they gave me the run around and told me there was nothing they could do and after many calls they pointed the finger at pc world for giving me false area coverage information

Did you contact T-mobile within the fourteen day period as mentioned by Buzby???

So its costing me £35 a month for having broadband that i cant use

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.

(nb: the fault with the the PSU is known to the manufacturer and their forum is full of people claiming about this issue. I believe there are unreliable components or a design flaw.)

 

As I read it...

 

 

I can claim within a period of 6 years if the goods are of unsatisfactory quality/fault (as implied from the SGA). The burden of proving the fault lies with me given I purchased the unit in 2005. As a consumer I have the right to claim damages amounting to the cost of the unit or alternatively seek repair.

 

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.

My queries are: (do not feel obliged to answer all of them!)

* do I have a statuary claim with the replacement unit?

* they claim the replacement unit is supplied with no warranty - is this true?

* as they are the manufacturers' official UK 'repairer company', and not the original sales website, do I even have privity?

* should I claim against the original seller instead?

* they claim that because I failed to return the unit within the 30 day period from my February RMA claim, they are no longer liable, because I agreed to a limitation of 30 days in their RMA returns T&Cs. Is this not an unfair contractual limitation clause per UCTA?

* do I have any other course of action available to me?

I must be lucky as the trackball on mine is working fine.

What do you think are my chances of getting my money back?!

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.

I refuse to send it away as there has been no warranty issued to me and nothing "written" to say 7 days only otherwise repaired so there is no signed contract to me agreeing this and i beleive im entitled to a new handset.

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.
  

Customer service and 3 numpties and 1 so called manager later said they only provide airtime and the sim card. They have no obligation to repair or replace the handsets but they do this as a "Gesture of Goodwill"....

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 they do not have to inform customers of the 7 day rule or any of the warranty details as they do not own the handsets.

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.

There'll be a few insurance companies rapidly looking for a new supplier as a result.

Your probably on Viagra - you better read the box again.

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.

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??? ).