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  1. Hi All, T-mobile have recently informed me of price increase effective from 9th may 2013. I find this really unfair and have been on the phone with them to cancel the contract due to material detriment as per clause 7.2.3.2 in their contract, However they insist that for the price increase to be of material detriment it has to be above RPI as stated in clause 7.2.3.3. But I think that is not correct. I will be writting a letter to them since they dont seem to reply to emails. If I send them the f ollwing letter will it be OK? Please advise. Thanks for your help. Dear T-Mobile, Re: Contract Termination for mobile number XXXXXXXXX I have received a letter from you informing me that from 9th May 2013 my price-plan will increase by 3.3% (i.e. from £36 per month to £37.18 per month). Thus, with reference to clause 7.2.3.3 in contract terms: 7.2.3.2. You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect; This change, in the price plan, is to my detriment. Your clause entitles me to cancel this contract without charge by giving you written notice prior to the change taking effect and I now wish to exercise that right. I would like to take this opportunity draw your attention to the fact that clause 7.2.3.3 is instead of, and pre-empts clause 7.2.3.3 and is not additional to it. Material Detriment is including anything implemented under 7.1.4, which therefore, includes price increases. May I also inform you that Clause 9.6 of the General Conditions of OFCOM which states: 9.6 The Communications Provider shall: (a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber; (b) allow its Subscribers to withdraw from their contract without penalty upon such notice; and © at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber. On the grounds outlined above, I look forward to a smooth termination of my account without any charges followed by the issuance of the PAC code. Please note if I do not hear from you by 30th April 2013 I will seek to resolve this matter through Small Claims Court. Please do not hesitate to contact me via phone on XXXXXXXX or via email to XXXXXXX. I look forward to hearing from you soon.
  2. Hi all I went to the Dentist last week for the first time in a while, I had a checkup because its a new dentist, and I was told i had some tooth decay on my rightmost back molar. The dentist was foreign and he spoke so quickly, I honestly couldn't understand him half the time and I'm not used to going to the dentist, never having had a filling or anything like that. Anyway I didn't really understand my options so just went for the filling, not realising I can get a silver one from free on NHS because I am on ESA due to mental health issues. I signed their forms and arranged the appointment for Friday, but now I'm thinking I want to back out because I can't afford it and didn't fully understand it, I get confused at times you see. But before I left she said I had to put in a £50 deposit for this treatment, not really understanding this, I put my card in a paid the £50... But now if I don't have the treatment, will I get my £50 back? Any help appreciated, I haven't spoken to the dentist yet and wanted to go in will all the facts first so I know what I am doing, otherwise I will get anxious and flustered and probably get it all wrong
  3. I have been looking at the latest offers for home phone and broadband recently. Noticed that EE have a really good offer; currently 6 months half price with £100 cashback if I sign up through Top Cashback! I'm currently with O2 for my broadband and phone and have been since February 2013 but I would like to cancel. I was expecting some kind of reward / discount when SKY take over their services but I havent been offered anything. Can I cancel? Would it cost me? Am I better staying put?
  4. Hi, I took out 3 payday loans on Friday (3 days ago) and am now in the position where I don't actually need the money anymore. From reading this forum, I believe I am within my rights to cancel all 3 agreements within 14 days and return just the amount borrowed (not the exorbitant interest...though) Unfortunately this is not the first time I've used any of the 3 companies, and they say in their T&Cs that it is a revolving line of credit, and that the agreement started from the first loan (which was a lot longer than 14 days ago) However, surely this is a breach of my rights to cancel within 14 days, as each time everything has been paid off before a new loan has been taken out? Any advice before I go in to do battle would be most welcome. My loans are with: Payday Express, Quid UK & Direct Money Thanks!
  5. Hi My husband is a serving member of the armed forces, we are to be posted to the Middle East, for 3 years next month. We both have a Vodafone contract, which we have had for 10+ years each. My husband has 6 months left and I have 16 months left. Obviously we didn't know about the posting when I renewed my contract, we have never been posted abroad before. Now we are told we can not cancel our contracts in any way. We can freeze them, but only for 6 months. I find this really unfair, as we are expected to either pay the whole contract off, the cancellation fee makes it more expensive than our monthly contract costs, or leave it running, but we will be unable to use either phone, so we will be paying to nothing!!! I don't expect to have special treatment and would quite happily have the contracts frozen for 3 years and carry on paying when we return. Neither of us have amazing phones, in fact when I complained I was told my handset is only worth £20 anyway!!!! I feel I got ripped off in the first place, specially after finding out a friend has the same deal as me with another phone company for £7 a month (mine is £21) All the person on the phone kept saying was transfer your contract to a family member!! But all my family already have their own contract, so this is not an option I just find it very unfair that a massive company like Vodafone, are so unbending, they don't seem to care that we have always been faithful customers and this move is out of our control.
  6. So last week I upgraded my account with 3 and got the iPhone 5. The day it arrived I was not in but family took it and place3d it in my room When I returned I opened the box to discover the screen glass was cracked ( the box was fine and new) I phoned 3 straight away to tell them and ask for an exchange. They then pull up some company policy, which I was not told about , and say as I have not contacted them in 24hrs they cannot help me. I have spent the last 10 days arguing , politely , with various different 3 departments but to no avail. I tried to cancel my upgrade as within 14days but they wont even accept this To rub it in they offer me £5 to credit my phone for any inconvenience caused Looks like I will take it to apple and exchange for a new phone now I have been with 3 since 2005 , and this in defo my last dealings with them , there staff in india was polite and friendly but did not have a clue phone arrived on 4th june, I opened it on the 6th morning I called trading standards and they advised sending three a strongly worded letter , which I did. The response from three was they may take my phone back to have it repaired but I would have to pay the costs today over the phone I was advised to contact the ombudsman whats my best course of action , just carry on or try apple ??
  7. Hi , went in my branch today to cancel 4 continued payment authorities. They said i could not do it in branch , but i asked them to phone their head office, then i spoke to to a gent on the phone who said they can only request to stop one which was pduk as that was the only cpa on my account although wonga , cash.co.uk and mr lender are listed on my statements. what are my options to stop them taking money from my account i have 7 days.
  8. Hi there My dad (aged 67) is ill at the moment and asked me to pay his bills for him, and when he gave me his credit card bill I saw it had PPI (well PPC to Lloyds) and I asked why it was on his bill. he then told me that he didn't know and that he'd tried to cancel it a couple of times and was told each time "it was mandatory and couldn't be cancelled" and had just resigned himself to it! I haven't got all the info yet as I need to wait for him to come out of hospital so I can check his bills & phone up with him etc, but what I do know is - - he took out the credit card in the 90's (not 100% sure on the PPI misselling yet, need to question him) - since 1999 he's not worked and since 'mid 2000's' has had a (largish) balance on his card, including this PPC that they won't cancel. - he went to the CAB last year but they haven't even sorted this for him!! (He even said that as it's PPC they told him he couldn't do anything as it's only PPI people can claim for!!!!) My question is - if there was misselling then I assume all these years are covered for a claim, but if there was not, can he recover all these say 8 years worth of PPI payments as he shouldn't have been paying as he wasn't working (and for most of them has been a pensioner too) plus he's asked to cancel it on more than one occasion! Thanks in advance for any help & sorry again for the vagueness, I'll try & answer with any more details if anyone asks me anything!
  9. Hiya, (Sorry for the long text, I apologise, I’m not strong in concise writing) Where do I start. on 01 February 2012 I joined a kickbox gym and signed a contract. (part of Harlands) After 4 months of use, I’ve stopped. (Reasons my tinnitus which is medical, Having found an amazing girlfriend and spending time with her, and just doing enough sports outside the gym) I don’t really need a reason it's suffice to say I wanted to cancel my gym contract. Reading the contract back then I saw minimum number 36 of DD payments NO cancellation options. So (not knowing the current law and contract consumer proportional fairness) I wrote a letter to my gym asking if we could work something out. On which I never got a reply. I left it alone, courage sinking into my shoes that since the contracted stated this there was no way out. But every day I reminded myself that’s 120£ a month. (Yep quite a hefty fee) that is just thrown away. A month ago I got really upset about it and started reading and researching everything I could about contract laws and the recent OFT investigations and High Court rulings. Learning that my whole contract is largely unfair on almost every core term and thus void, non binding and highly likely unenforceable and in breach with the law. So I’m ready. I wrote another email a week ago to my gym stating my contract is to be considered unlawful and I want to immediately cancel my membership and direct debit. Obviously no reply, which I expected. Now I’m going to send the recorded letter. Couple questions. (Since I had no reply of my gym its almost sure they are not cooperative in any way) Do I send that recorded letter to both my gym and harlands, pre-emptive striking and showing Harlands, though I took the kickbox gloves off when I stopped going to my gym, I’ve put them now back on to knock their head into the next century? Since its a given it’s going to be passed to Harlands by my gym when I stop paying anyway? Or first the gym? My contract, due to recent and precedent court rulings is unenforceable and in breach with the law. However do I still need to abide by the 30days notice (which seems fair if I would have a fair contract in the first place) once I send my recorded letter stating them I cancel my direct debit and membership? (which would mean the difference of another 120£ for june) Or just cancel the direct debit after I've send my recorded letter and not even abide the 30days notice? And lastly, since its been advised by OFT and the court that gyms should change their contracts and INFORM their consumers of current unfairness. Do I bother investigating if I could get money back? I’ve payed 13months which totals 1560£. IF I would be crazy enough to take this to court, and attest they failed their duty and obligations (As set out by OFT and the High court recently in similar cases) of informing me that me not being able to cancel my contract is unlawful especially with contracts that exceed an minimum term of 12 months. Then my actual pay for 4months of use of gym +1month notice would be the only thing I would have payed. (which is 600), the only reason I payed more is because I thought my contract was binding. If my logic (is not totally insane which it very well could be) that means they could owe me 960£. To be fair I’m not out for the money. But I’m considering it if they play nasty. (Please tell me if this last point is total wack and I shouldn’t even consider it) Also I’m still thinking should I keep my recorded mail short, or list all the points that make the contract unfair. (Doing this to show I’m well aware of the law and possible pre-emptive stop the whole chain of empty threats that will follow) I’m planning to update my post here as it unfolds. (Not sure why the formatting of my post is broken. It was better when I posted?) :/
  10. Hi i am looking for some advice regarding cancelling my gym membership early, i joined a low cost gym in march and signed up for 12 months and what to get out of my contract. There are a lot of meat heads who go to the gym and all the machines are always busy but tonight was the second time in few weeks that i have been told to f**king hurry up and stop taking too long on a machine by one such meat head. To be honest i'm not a big person and only go to keep healthy so feel annoyed and upset and scared about being spoken to like this, there are only ever 1 or 2 members of staff in and i don't really want to approach them and would just rather cancel and find a nicer gym. What should i do?
  11. Hi All I need some advice please. My son is currently a member of a martial arts class. The direct debit and contract was created by Debit Finance Collections (DFC). The contract has a minimum period that I am tied in for, which is 3 months. We are currently in our 2nd month, with the 3rd payment due to come out soon. The contract states to cancel I have to give notice to DFC or the martial arts club via email or writing. I have given my notice to the martial arts club by email (like many others I have not received a reply). I have also given notice to DFC via email. There is no email address on their website so I replied to their contract email when they sent me that. However, I received no autoreply. I then submitted the email via their web email form online. I received a auto reply but again have not received a response. I have waited, but then decided to call DFC customer services. After a 17 minute wait on the call, I was told my email had not been received and I should receive a auto reply to confirm the email has been received. I was then told to email [email protected]. So I sent my cancellation email to the above address, but received no auto reply or a reply to my email. I have read many thread's where this company is known for doing that or stating that they never received the correspondence, and then later sending letters about missed direct debits and adding on charges. I am keen to avoid these. Any advice is welcome. Never again will I sign up to contracts like these and will only pay by cash or card. It just seems like a money making scheme.
  12. Myself and my wife have two credit cards between us credit card 1 is at £3826 of the £4000 limit with a min payment of £150, credit card 2 (wife's) is at £756 of the £800 limit min payment is £37. I always pay £200/pm on card 1 and £100/pm on card 2. I have been trying for the last year to pay the balance but unfortunately I have also had to use the card to survive, although I only use the card as a last resort. I can see that within a month or two both cards will be maxed out and all I will be paying is interest with a few pound just keeping the cards from going over the limit. Is there a way for me to cancel the cards, freeze the interest and pay the cards off monthly at say £100 p/m. I have read a few threads here where people discuss freezing interest but cannot find anything on cancelling an active account.
  13. Hi all! I hope somebody can give me advice to this nightmare that Orange have put me... My 24 month contract was supposed to end in October 2012 and i have given them the 30 day notice they required. When i rang to say that i didn't want to renew after october, they offered me a PAYG sim card instead which i accepted and promised to send it asap as my old sim would now be invalid. I received the cancellation letter in november and they told me that they will be debiting my last payment on november. However, the payg sim didn't arrived as promised so i rang them again and they said it must have been lost in post so they're sending another one which will take 21 days to arrive! (by this time, i was without a phone now from mid october until december). In january, i decided i couldn't wait any longer and went to get another phone with another provider. Everything was fine until on 19/2/13, somebody rang me from orange saying that i have an outstanding balance with them worth £84.34!!! I asked how this bill came about and they told me that because i didn't register the payg sim, they were still charging me my monthly bill! I told them that the sim card never arrived up to this day and said that i have spoken to a few reps about cancelling my account and NOT ONE OF THEM MENTIONED THAT I WILL STILL BE CHARGED MONTHLY UNTIL I ACTIVATE THE PAYG SIM CARD! I think they have intentionally withheld this info from me! I am really angry with the way they are treating me because i felt cheated. If only their reps have informed me about this "policy", i never would have agreed to accept the sim. They then "cancelled" my account last tuesday after i rang them to complain. I've sent a letter to the email address that the rep has given me and lo and behold, it was an invalid email address! I managed to send a letter to them through facebook which they have replied to but have completely ignored all the points i've made on the complaint letter and was still insisting that i pay the bill although clearly, it was their fault why i have that bill in the first place. I plan to file a case with CISAS if i don't get any joy from them. Sorry for the long thread but it's just frustrating and i'm also thinking about my credit file which i think, by now is ruined! Are there other people who've experienced this with orange? Is there anything more i have to do to escalate this complaint? Any advice will be highly appreciated! Thanks!
  14. Can someone help or give me some advice on a problem with our holiday we had booked. We booked a 7 night break with park resorts aug last year for April 6th (easter week), they wanted £25 deposit to secure the booking, with the final payment to be received 8 weeks before the start of the holiday (which is 9th Feb) the total cost was £232 for the 7 nights, so we paid £32 as our deposit, so left £200 to pay. On booking we got a ref number, but never received a e-mail or letter to say we had confirmation, But when logging onto your account on there site, all the details where there, so this was fine with me. Monday (4th Feb) we go to log onto our account to pay the final balance of £200, but it wouldnt let us log on and said your booking has been canceled. So on the phone i get, to be told a letter was sent in Jan to say you have to top up your deposit, we received no letter, no e-mail nothing. Becasue we had not got anything to say this, they canceled our booking on the 30th Jan. No where in there terms and conditions do it say you have to top up a deposit, it says a depsosit is required (which was only £25 at the time of my booking) and the finial amount due 8 weeks before your arrival date. Do i have a good case to go at them? all we really want is our holiday back, but they have said they cant offer us a holiday in the park we chose as they have none avalible, but can at another park, but we have to pay the current price, which is over £100 more plus extra for the ferry to the IOW. I have given them 24 hrs (as of 5pm yesterday) or i shall be taking legal action, which they acknolodged and said they would call me today. Any help on this i would be very greatful.
  15. like most people my phone and broadband cost is going up and up. My contract with BT ends in february and i have decided to cancel and go to virgin media. After contacting BT today to give advance notice (30 days) they informed me i would be subject to a charge of £30 to end my service. when i pusherd this with the BT customer agent, she informed me this fee woulld be deleted if i was only transfering my service to another provider. they said this £30 fee to totally cancel was not through a contract with BT, but open reach (a BT group company) This seems an unfair term if true, and any ideas on this rouse of a contract with open reach and not BT
  16. Can anyonne help me? I ordered a whirlpool bath online 3 weeks ago, meant to be delivered within 2 weeks. When I chased the company they said the product arrived faulty and had to be returned and another one will be dispatched within 2 weeks. I asked them to cancel the order as I saw an identical bath elsewhere and which could be delivered sooner. They then told me that this is a bespoke item and therefore cannot be cancelled or refunded (due to distance selling regulations which don't cover bespoke items). The same bath with the same specification (nothing is being added or changed to my order) is being sold in lots of places (on other companys websites as well as eBay). What can I do? Many thanks.
  17. Hello All, I'm having trouble with Virgin Active in Friern Barnet, London. I signed with my wife in April/2012, she on a 12 month contract and me on the monthly membership. We were told we could cancel the 12 month contract if we moved somewhere that would not be feasible to frequent the gym, so we were happy to sign for it. Ended up we had to move in September, our new home is 2 miles from the gym and it takes more than 30 minutes for a bus to get there, so it's not feasible for us to continue, but they denied the contract cancellation and the manager was quite rude, I don't know what else to do, it's completely unfair for them to keep charging us, they claim we don't live far enough to guarantee a contract cancellation, he expects us to walk 2 miles to the gym!! I sent an email to memberfeedback@virginactiv e.co.uk and if it's still unsuccessful, I'm ready to go apply for a small claims court action to solve this. Any advice would be greatly appreciated. Thanks
  18. Hi All, We have a situation with Orange BB! Since me and my GF moved into our flat over 2 years ago we have been with virgin, we started looking at bills etc and decided that we should look elsewhere for cheaper broadband. Since my GF is with Orange for her mobile phone, we decided to take the discounted rate for Orange BB. So on the 3rd October we signed up over the phone and got the confirmation email etc. The problems started with Orange when they arranged for our phone line to be 'upgraded'. My GF stayed in all day waiting for the engineer to arrive on arranged date and they never appeared. We had to re-arrange this for another date, the guy came and we can now use this landline. Orange have taken their time to deliver the router, and at time of writing - 18th Nov- the router is sitting in the local royal mail sorting office. They tried to deliver to our flat on the 15th, a total of 43 days after signing up. Now for the real problem. Since my GF is about to finish uni she can no longer afford to stay in the flat any longer so is moving home to her parents until she can find a job. Once she has a job we will move back in with each other. This could be up to 6 months. I will be moving in with one of my mates. Both her parents and my mate are tied into their own broadband packages. We have made a handful of calls on the land line, have yet to receive the router, and NEED to cancel the account. When we called Orange they said we'd have to pay £100 cancellation fee. I see this as disgraceful, we haven't even had the chance to use their service yet they want £100 to cancel. Can anyone help?!
  19. Hello. I ordered a phone with carphone warehouse on the 14/09 and i have still not yet recieved it. So far cpw have not been able to provide me with any update as to when i will recieve my phone regardless of my consistant visits to the store. i learned today the contract and insurance i have taken out with them actually started on the day i ordered the phone, the 14/09. So technically i have been paying for a service for the last 13 days that i have not recieved. I want to know if i am in my rights to cancel this and get my money back as i think this is completely ridiculous. Any help greatly appreciated. thanks
  20. http://www.bbc.co.uk/news/uk-19598492
  21. Hello Like many others I am having trouble cancelling my Membership with Harlands. In February 2012 they were running a campaign via my local gym. I went along and was told to join quickly as there were only 100 memberships up for sale and they were going very quickly. Stupidly I didn't take the cancellation rules before signing. Shortly after this my situation changed through no fault of my own. My relationship had broken up and I was asked to leave the house we both shared. I when to stay with my Mum (who lives in Spain) for sometime. I wrote to Harlands explaining the situation and that I would be cancelling my membership. They wrote back to say I needed proof of my address, ie utility bill, bank statement. I replied saying that because my move was temporary, I had not changed my address and my post was being redirected. In June I came back and I am currently living with friends until I find a permanent home. I have moved 13 miles out of the area - cancellation states 15 miles. I wrote to them again stating that I would not be visiting the gym again, given my situation - finances are very tight, and rising petrol costs it was not viable for me to go there. Also the area brings back painfully memories. I also stateed in my email about OFT case against Ashbourne amongest other things. They replied stating that given I don't live 15 miles out of the area they will not cancell my membership and that my membership is in arrears of £98.00 or I can pay £461.00 to pay off the membership. They are not listening and only interested in getting their money regardless of the situation. I have emailed BBC Watchdog with my story. Like many of us I'm not happy, yes I take responsibility that this was my own fault for not taking in the cancellation rules etc., but I don't feel I have a choice other than pay up and draw a line under this situaiton. Many thanks.
  22. Guys, Just wanted to make people aware of this... My current three contract is due to expire in the next 30days..Ive already bought a new phone on payg - samsung galaxy s3 and signed up for a 12 month sim only deal also with three. I signed up for the new sim (£12.90 pm, 600mins, 1Gb data, 2000 free to three calls , 5000 sms) contract in-store, I thought was a bargain at the time!!. Anyway about 4 days later I received a call from three customer service offering me a deal if I extend my current contract. I told her I wasn't interested but still offered me a deal..a free samsung galaxy ace with same deal as before but unlimited data for £11 per month..I said ill take the offer however I just need to cancel the 12month deal I just took out. She said she could do that no problems..but about 5mins later said she could because I signed upto the sim contract in store (a big no no). If I had done it via website or phone call I can cancel due to 14 day grace period and distance sellers regs.. but because I purchased in-store I couldn't cancel!! Anyway I soon learnt if i ring customer services back and complain I'm not getting a decent signal I can cancel So I told them I work at the postcode of my gym (I don't !!) - where noooobody on any network gets a signal..they ran a quick test to confirm. He said if they cant resolve the issue in the next 5 days I can cancel the contract at no charge to myself due to the coverage policy!! Anyway im on day 2 of waiting so will let you guys know how i get on Main point - Buy a contract over the phone or internet - As you then get 14days grace and alot more leeway hope this helps somebody
  23. I recently joined a gym which has a 12 month contract. I paid the first month in cash to the gym, and chose my first DD date, which was the 24th August 2012. I've only been there 5 weeks but I'm already starting to dislike the place as some weights are being broken, bathroom and showers in filthy condition. So I want to know If i have the right to cancel? The first month was cash in hand with the second being my first DD which was only 2 days ago. Don't these things usually have a 30 day time period in which you can cancel after your first DD payment? As the cash one wouldn't have gone to Ashbourne. Anything I can do? Such as call them and say I'm not happy and want to cancel?
  24. Hi, I am a new user here and presently out of the UK working in hungary. My car insurance is due for renewal on 12th August and my wife searched for cheaper car insurance and found it. Taking it out to commence on the conclusion of the previous insurance. In the meantime she received a letter from the insurance company informing us of the renewal premium and that unless cancelled they would automatically renew the insurance. Consequently my wife rang the insurance company and informed them that I was out of the country and that we had found alternative insurance and wished to cancel. They would not allow her to do so as she was not the policy holder - although she is a named driver on the insurance. When she informed them that I was not available to cancel the insurance myself they were most unsympathetic and told her that she could not cancel and the insurance would continue. She told them that she would inform the bank/credit card company not to pay the premeium but they told her that they would still renew the policy and continue to seek payment. She rang me last night most distressed because she did not know what to do and as it is illegal to have 2 insurances on one vehicle, plus the expense I have emailed them myself cancelling the insurance but they have not bothered to reply. What can she do? I cannot phone the insurance company as it would cost the earth to phone from eastern europe via mobile. Any help and advice would be most appreciated. Thank you.
  25. I understand Swinton are the insurance broker so can I contact the insurer direct and so not have to pay a cancellation charge. I have one month left on my policy and they want to charge me £50 to cancel. I said i wouldn't bother but they said if it comes to their attention that the vechile is being insured some where else then they would cancel the ploicy and still charge me. I thought i was doing them a favour letting them know so they didn't send any renewal quotes next month
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