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spurious

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Everything posted by spurious

  1. You think it's better not to do anything at all? Rather than point out they haven't provided any proof of liability?
  2. I've now received the documents Wescot have sent me. They consist of: 39 pages of transaction statements A request to apply a signature to a bank record A 'New Account Sanctioner Checklist', which appears to be an internal form A 'Completion checklist', which also appears to be an internal form An 'Account Opening Form' Two photocopies of identification documents Nine blank pieces of paper There is no copy of a signed agreement to any terms whatsoever, let alone a credit agreement. Wescot consider my 'query' resolved on account of several pages of transactions and threaten that debt collection will now resume.
  3. Out of the blue, I've received a letter from Wescot regarding an alleged account in my name for Natwest. Given I haven't lived in the UK for years and have no financial relationship with any organisation there, it can't be legit. So I've requested further information. Today, I received a letter from Wescot (via a UK post box that opens and scans my mail to me) stating that Natwest cannot provide an agreement, because this relates to a current account (seemingly an overdraft). Instead, Wescot state that they have asked Natwest for "statements" and will forward those upon receipt. While the statements will be interesting, they surely can't form the basis to pursue me for a debt, can they? That would require a credit agreement, signed by me, with terms that mean I'm liable. Any idea how to respond here?
  4. Another update: Unbelievably, Vodafone have unlocked my phone! I'm not a customer of theirs and there was nothing in it for them other than to provide a quality experience, and they've done it. Massive thanks to Lee and the VF team for their help. I'm extremely grateful and impressed. That's the final thing to be resolved, now. Vodafone took less than 24 hours to unlock my phone, while OfficialiPhoneUnlock received my order (and payment) on 15th November and still haven't managed it. I phoned my bank today to dispute the payment as 'goods not received' and they will process the charge back within the next couple of working weeks. I can see the company themselves disputing the charge back, as their website includes the following disclaimer: "Timeframes are an average, sometimes there are delays (e.g. carriers upgrading their systems) which can cause delays of a few days or a week, everything is given here however. You will also be emailed whenever the status changes by our automated server. DELAYS ARE NOT CAUSED BY OURSELVES. If your unlock is delayed, this will be a carrier-related problem. Do not shout at us! We will try our best to inform you of the reasons, and the approximate time when the network will be back up, but we will not be responsible for a problem which is out of our hands." The initial timeframe given was up to 8 working days from the point of order (15th November), so they're well overdue. It's now over a month later and I've still not received the service. I've contacted them twice within this time. The first time, they said there was a 'server upgrade' and that they'll submit my order on 4th December. Then they said they were let down by a third party, so it'll be another 8 working days... I'm wondering if they can get away with disputing the dispute and blocking the charge back on the basis that it was out of their hands?
  5. Update: following a lengthy and fairly aggressively worded email explaining why I felt their position was unreasonable and what I intended to do if they didn't refund the cost of the service they provided in full, I received a 'without prejudice' email back asking for an address for them to send a cheque to. It looks like they're going to pay up. That will cover the unlock fee plus about twenty quid. I'm happy to settle for that, but I'm still a bit gobsmacked at their initial 'we didn't say we wouldn't do it' approach. Meanwhile, the phone remains locked. The unlock service, which I ordered through a site called 'Official iPhone Unlock' at a cost of £74.99 on 15th November has been plagued with apparent 'delays'. The website appeared to be the least dodgy of all the dodgy unlock sites. The timeframe given should see it arrive before Christmas, hopefully. Unless VF are able to come to the rescue, of course.
  6. Sure, thanks. The reference is: 5531150. Incidentally, for anyone interested, I've sent an email to the company who locked my phone advising that I do not consider it reasonable that they would insert a SIM card into my phone when I paid them simply to colour it, then say "our terms didn't say we wouldn't do it". Why would they do it? It doesn't seem fair to assume that I would be OK with anything that may damage the phone - even outside of the scope of the service I paid for - just because they don't guarantee against doing such a thing. To ask for £50 to unlock a phone they locked themselves seems entirely unfair. I've advised that in the absence of a response to that letter within seven days, they'll be getting a LBA and if that's not resolved to my satisfaction, I'll be claiming not only the cost of their service but all associated costs for the fallout, which is considerably more than I'm asking for at the moment, via Moneyclaim. I'll keep this thread updated.
  7. Hi Lee, Thanks so much for your offer of help with this. I have emailed you today via the VF link on your post, with your reference as a subject title. The reference number for the contact is: 5531150. My phone remains locked. Although I paid a third party to unlock it on 15th November, to date they have failed to do so, and my phone is still inoperable as a result. Please let me know if there's any information you need I haven't included in my email through the site. And thank you again.
  8. That's true, but it's only as a consequence of their actions that I'd need to do so. I just want my unlock fee covered, really. Maybe £100 compensation all in (plus court costs, if it comes to it). They've done something to render my phone inoperable, but it's not related to the service I paid for and isn't really covered by their T&Cs, so am I wasting my time?
  9. Thanks for the suggestion. I've talked at length with Vodafone, who insist they cannot help me. The issue is, I'm not a customer of theirs, and they will only request unlocks for customers. I was overseas when I discovered the phone was locked so becoming a Vodafone UK customer was tricky. I've since paid a website £80 to unlock my phone, which is expensive but the site is legitimate and I was desperate. I've paid for it already so now it's just a case of seeking compensation from the company who locked the handset.
  10. Actually I can. Carphone Warehouse investigated the matter with Apple and I have it in writing from them that Apple confirmed it was locked when it was received by the company involved. CW provided the Apple incident log number as well, so that side of things seems pretty air-tight. Vodafone UK. Correct. The company who damaged my phone by locking it to a network are now requesting I pay them an additional £50 to unlock it, or they won't help me. I've since paid a third company money to do that so there's no point, but I want the company who locked it to pay for it, plus compensation for the expense I've incurred as a result of their mistake. They say there is no 'mistake' - that the service I paid for was completed (this is true) and that any additional problems aren't anything they guarantee against and I should have told them. That's the problem - whether that argument would stand up in court or whether, as I think, their actions have rendered my phone defective and have necessarily caused me expense and massive inconvenience.
  11. The T&C's are here: https://www.mendmyi.com/support/terms-conditions/ Essentially they're saying that the locked status of the handset isn't something they check or guarantee against. However, surely it's reasonable to expect that they would consult before doing something outside of the service I expected them to provide... in other words, it's reasonable for me to expect them not to start putting SIM cards into my phone when all they're supposed to be doing is changing the colour. The section of the T&C's that grab my attention are the sections dealing with defective units/goods (s.8).
  12. This is an odd one, and apologies if the forum isn't correct for it - this seemed the most appropriate. Several weeks ago, I purchased an 'unlocked' iPhone from the Carphone Warehouse. Immediately upon receipt, I sent this phone to an online company which colours the housing of the phone. A couple of weeks later the phone was returned, looking great. The only issue is, the company responsible for changing the colour also managed to lock my phone to a UK mobile network. Unlocked phones from the CW lock automatically to the first SIM card placed inside the phone and what appears to have happened is that the company involved placed a SIM inside the phone which inadvertently locked it to that network. This has led to a very difficult situation. My phone is now locked to that network, and Apple have confirmed that it happened while in the care of the company. Apple cannot unlock the phone except at the request of the network. The network won't request it because I am not a customer of theirs. CW wash their hands of it due to the lock happening after purchase/receipt, and the company who locked it say they never guaranteed against doing so and they were never informed that they may lock the phone. I'd like to pursue a case against the company who locked my phone. I paid them to change the colour and they did this to my satisfaction, but in sending back a phone which is locked, they have effectively delivered me a defective unit, substantially different to the one I sent them. My phone is now useless to me and I have had to turn to a third party to pay for an unlock service which is still ongoing. Worse still, all this was discovered overseas, where I was relying on my phone to be operable. I have spent a small fortune purchasing a secondary phone and top-ups while abroad, all directly due to the fact my phone was locked by this company. I have contacted them to try and reason with them and have requested a refund for services provided, but they refuse and merely offer an unlock service for my phone at 'cost price' (a further £50). They are accepting no responsibility and suggest I should have told them that inserting a SIM would lock the phone. The phone was brand new, meaning they would have had no option but to insert a SIM to activate it. At no point did they consult with me or inform me that they would have to insert a SIM card, and insertion of SIMs is not part of the service I paid for. I'm unsure where I stand as a consumer. They have delivered on services ordered, but have rendered the unit dysfunctional in the process. Can anyone advise where I stand?
  13. I understand that a lba is necessary procedurally but if defamation has occurred I don't see how an lba can redress this. Even if the LL complies by providing paperwork that allows for a figure owing to be established, the damage is done. Should the lba also ask for a written apology?
  14. Thanks for the replies. This is so helpful. Presumably the court would want to know what I actually 'want' by suing for defamation. Do you think a financial sum akin to the amount currently being unreasonably demanded along with unspecified damages for embarrassment and stress is reasonable?
  15. He provided a partial bill but not a complete copy showing total funds payable etc. - I'm also asking for all receipts for rent received and monies taken from my deposit. I think that's reasonable to expect before any final payment, don't you?
  16. Thanks, I certainly will. I'll need to hold off on doing that until I've seen precisely what he's written to my employer/current LL, then I'll do that. It would be really helpful if I could know precisely what law etc. he's broken (in addition to DPA). What law do you quote when suing for defemation, for example? The letter before action would essentially given seven days notice that unless a full set of receipts etc. are received from the LL, I will take it to court and sue for the figure the LL is claiming (i.e. settle the matter that way). Does that sound reasonable? Frankly, I'd like to ask for further damages given the embarassment this is causing me. Things at home and work will now be particularly strained and awkward. Do you think I should name a figure? Or leave it to the discretion of the court?
  17. That was my understanding as well, and I waned LL of this, however he claims to have discussed it with the Information Commissioner's Office and has been advised that the DPA doesn't apply in this scenario because he is a "private citizen unbound by the DPA". I'm unsure how true that is.
  18. Thanks, yes I have a copy of the tenancy agreement, and a copy of all emails sent/received. The LL has quoted back at me an email I wrote before the deposit discrepency came up, saying he agrees with my figures at that time, and that it's proof I accept and am liable for the payment. The problem is, that email was written before the deposit was returned and the discrepency occured. That discrepency and the way it was handled caused me to have concerns about the figure owing, and all I've done is ask for a copy of the receipts/dates so I can contrast with my own records and agree a figure, whereupon I'll pay it. The LL seems to think this is totally unreasonable, even after I've paid part of the monies to him! Anyway, I have yet to see precisely what's been said to either the employer/landlord but if it alleges I have committed fraud or deception, I will certainly pursue that. What would I claim for though? Would it be reasonable to seek damaged equal to the funds being demanded of me?
  19. I'm going to number these points to make it easier to follow. My landlord has taken a certain irreversible path, and my question here is what can I do to minimise the damage, and what counter-action can I take, including but not limited to reporting him to any regulatory body. 1. I lived in shared property for just short of three months, leaving mid way through the last calendar month. This arrangement was governed by an AST. 2. An informal agreement was made by email that the final few days of my tenancy would be paid for at the end of that calendar month, three weeks after I had moved out. 3. A few days later, my deposit was returned, less money deducted for unsubstantiated bills. 4. When the end of the month arrived, given the discrepency with the deposit, I asked for a copy of receipts/accounts of transactions throughout my short time as tenant. 5. The landlord refused to provide these, and demanded payment, claiming I was wasting time and evading payment. 6. I asked for a list of receipts/transactions (dates, figures, brief explanation) on ten separate occasions in writing over the space of around a month, explaining that I now needed to be certain that the figure claimed was properly substantiated. 7. I made a token payment (gesture of good will) which represented 25% of the amount being demanded. I assured that I was not evading payment and committed to full payment of an agreed figure within seven days. 8. The landlord point blank ignored my request for receipts and provided just a partial scan of part of a utility bill, attempting to explain the deposit discrepency. 9. The landlord has now levelled an allegation of 'fraud' at me, and has contacted both my current landlord and my employer, demanding payment through them and making vague threats. I know this only because they have told me. I believe I have acted in good faith, and have demonstrated willingness to pay what is fairly owed via commitments to timeframes and payments demonstrating good will. I do not feel that asking for a record of receipts, especially in light of the discrepency with the deposit, is being unreasonable. I do feel that dragging in third parties including my current landlord and employer (and god knows who else he's contacted without telling me) is unreasonable on his part. He previously threatened court action but appears to be trying to strong arm his way through extortion. So... what can I do? I can't reverse the contact he's made, and am working with both employer and landlord to repair that damage, but I won't be bullied and feel strongly that I am within my rights to withhold payment until at least I'm sent a few receipts and can establish what may precisely be owing.
  20. Thanks, and I agree. Quite aside from the legitimacy or otherwise of my LL's claims, I don't see what legal basis he'd have to contact anyone other than me or - if he feels so inclined - the court. I know the DPA applies to organisations and companies, but surely it must also apply in this context. It just feels absurd that he'd contact someone I work for and disclose such personal information. I've no idea what can possibly be served by doing that, other than to use it as a threat of harassment.
  21. Hi Steve, This was a lodging contract for a single room. Notice was given and agreed, and the deposit returned. During my time in the property, both the LL and myself were bound by a standard assured shorthold tenancy agreement. There was an informal agreement between myself and the landlord that the rent for the first part of the month I left would be paid at the end of that month, after I had moved out. This is the figure in dispute - the LL is claiming it's owed, however the deposit returned was less than that given and I have only paid the difference, leaving a figure the LL says is owed, but which I say is not.
  22. My ex-landlady of a property I moved from last month is claiming unpaid rent which I dispute. She is claiming we had an agreement whereby I would pay money that there is no contract or agreement in place to demonstrate I am liable for. Today I have received an email in which she states she will contact my employers within 72 hours to tell them I've defaulted on rent and that she is taking me to court. She justifies this by saying that 'my employers' provided a character reference (actually, one person from my workplace did this, but did not represent anyone in doing so). She states she will then pursue a small claims court case against me. Now, I'm not terribly bothered about the court action because with no contract and no agreement, she won't have a leg to stand on, but contacting my employers will obviously have an impact on my reputation at work and standing in the eyes of my management. I'd like to send her back a stern rebuke - can anyone let me know precisely what she's doing wrong from a legal standpoint?
  23. An update on this, having phoned the court: - The court official advised me to submit form N244 to formally apply for the judgement to be set aside and stay action on the matter until this has been considered. That should stop the AoE application and any bailiff action. I guess I'd just issue the bailiff with a copy should they turn up? I was informed that if no response is received to the Request for Statement of Earnings letter from my employer, a bailiff would be instructed to serve it on someone directly. Obviously I don't want bailiffs turning up at my workplace, but he said that can take a few weeks to happen so the N244 should stop that, until it is assessed. I won't be able to issue the N244 until the end of the month when I'm paid, but the court person said that sounds like it would fall before the bailiff would come knocking, so I think I've bought myself some time here. I hope I can request the £80 fee for the N244 back if it is judged favourably.
  24. I have been fighting a sum it is incorrectly alleged I owe to a small loans company through my local court for about two years. This is the second time it has gone to court. On the first occasion, I successfully defended the case. I then lost contact with the creditor and court, and today have received a 'Request for Statement of Earnings' letter via the court, which they say is in respect of an application for an attachment of earnings. I assume, reading between the lines, that the matter has since gone back to the court and the creditor has managed to convince them to make a judgement against me. They're now attempting to take money from me via my earnings. I have a couple of questions: 1. Does a request of this nature indicate that the CCJ has been made? I will phone the court (if I manage to get through) shortly to find out, but am wondering if a creditor could request this prior to judgement, or in the event the judgement isn't favourable to them? 2. If the CCJ has been made against me, I want to challenge it. Would doing so stay the process for the application of attachment to earnings? 3. Is there a way around this matter (i.e. contacting the court directly with an income and expenditure and requesting a instalment plan)? 4. The request for SoE indicates that the court doesn't know if I'm employed to where the letter was sent or not (it wasn't addressed to me, I just luckily intercepted it before anyone else saw it). If the request was ignored, would that stop the attachment of earnings from being able to proceed? Many thanks in advance for any help!
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