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Found 367 results

  1. I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem. They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract! 2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung. By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on. Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!! I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
  2. Since our recent upgrade last month we are still having lots of problems with our mobile view. It will be very helpful if people could keep us updated here as to the problems that they are having. Thanks
  3. Claimant Lowell's Date of issue: 09 Dec 2016. What is the claim for the reason they have issued the claim? 1) The Defendant entered into an agreement with Three Mobile under account reference xxxxxxx (the Agreement). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 21/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £193 remains due and outstanding. And the Claimant claims a) the said sum of £193 b) interest pursuant of s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.042, but limited to one year, being £15.47 c) Costs What is the value of the claim? £283 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Three Mobile Dongle. 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? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Mobile dongle returned not fit for purpose. What was the date of your last payment? 2013ish I can’t remember. 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? No. I logged onto MCOL and did the following: A claim was issued against you on 09/12/2016. Your acknowledgment of service was submitted on 13/12/2016 at 18:44:22 Your defence was submitted on 13/12/2016 at 18:59:56 Your defence was received on 14/12/2016 at 08:02:27 Your acknowledgment of service was received on 14/12/2016 at 08:02:28 My defence was/is as follows: 1. The Defendant entered into an mobile dongle agreement with “Three”, the contract was mutually terminated as advised by “Three” Customer Services as the mobile dongle wasn’t fit for purpose, in that it didn’t receive any data as designed. 2. “Three’s” coverage software was inaccurate stating it would work within military accommodation at the xxxxxxxxx and it didn’t. 3. After numerous recorded telephone conversations with “Three’s” Technical Department and Customer Services the Customer Services operator advised the Defendant to return the mobile dongle to “Three” and the account would be closed with no more monies owing to “Three”. 4. The Defendant sent the dongle back to “Three” in a padded envelope as advised by “Three”. 5. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to “Three”. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant. 6. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14 The claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show proof the Defendant was sent default notice andtermination notice/demand notices; and © show how the Claimant has the legal right, either understatute or equity to issue a claim; and (d) show how the Defendant has reached the amount claimed for. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. Notwithstanding the above, should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I sent a CPR 31.14 request on the 14th Dec recorded to Lowell Portfolio Ltd and Lowell Solicitors Limited. On the 16th Dec I received an acknowledgement receipt of your defence stating claimant has 28 days to proceed. On the 17th Dec I received a Notice of Claim Issue dated 14th Dec from Lowell Solicitors as follows: As you are aware, we represent Lowell Portfolio I Ltd. We have now issued Legal Proceedings in the form of a CCC which you will shortly receive directly from the NCC as you have failed to make payment towards this debt or respond to our letter of claim. It then goes on about totals and what you need to do now. As I received their letter on the 17th Lowell Portfolio Ltd and Lowell Solicitors Limited both signed for my recorded CPR request. From Lowell Solicitors a letter dated 30 Dec, envelope says 03/01/17 and was received 6th Jan as follows: Thank you for your letter dated 13 December 2016. We note the contents and write to advise you that the documents have been requested from our Client and we will forward these onto you upon receipt. However, legal proceedings have now been issued and you are required to respond to any court documentation that is sent to you. We look forward to hearing from you. I have heard nothing since either from the Court or Lowell's, I think if my maths are correct that the claim is now stayed 14th Dec – 19th Jan even allowing Bank Holidays its been 36 days. So do I leave it stayed or request it struck out?
  4. Hi, On the 18th of January I was pulled over. When the police officer asked what I was doing on my mobile phone (which was attached to the magnet holder). I immediately replied I was 'changing the music'. It was about half past midnight with no other cars on the road and I stopped my vehicle just before I entered a small roundabout as there was a car approaching from the right (which I now believe is the police car). I took the opportunity to pick a song to accompany me the rest of the way home. As I saw the police car approaching I pulled off and was pulled over. The police have ticketed me. I am a new driver so the punishment of 6 points and £200 fine would mean my licence will be revoked. I am thinking of letting the issue be decided by the courts as I feel that the punishment is harsh considering the circumstances. I am thinking of representing myself as cannot afford the legal fees. I am aware of the technicality of the law surrounding this issue in order to be guilty of this offence - Firstly said mobile/hand held device must be handheld at some point during alleged offence, secondly phone has to be used for interactive communication and thirdly engine has to be on. Clearly my car engine was on, I would definitely argue that my phone was not held in my hand however the interactive communication part is a gray area as I stream music from Apple music but I also have music stored on my device, the question is whether I was streaming music at around said time of offence. I have requested a solicitor write to my phone company to release such information to me. Other points to note there were 2 police officers in the vehicle. The officer that ticketed me clearly believed that I was changing the music because she made comments at the end of our encounter saying that I can use Siri to change the music. I have never been to court before and any advice is greatly appreciated. My questions are: Is it worth taking to court? Will there be a opportunity to raise the points of law and how my incident does not meet the criteria for said offence and also can I request to see police statements of said incident? Any other opinions and advice is greatly appreciated. I need as much help as i can get. ...
  5. I'm trying to find out if a business mobile contract is different for a Sole Trader (up to 10 employees) versus a limited company? I thought I'd read somewhere that a sole trader has similar rights to a consumer? Basically, it seems, companies have no automatic rights - it's assumed they have access to lawyers, I guess. I have been told because I have a business contract that consumer rights don't apply. Also that 36 month contracts are not banned for business customers? (Ofcom rules 24 month max).....and that a 14 day 'cooling off' period doesn't have to be offered to businesses??
  6. Hi all, Looking for some additional advice as I appreciate that this is a topic well covered on the CAG forums. I have had a look on the CAG forums at similar cases to get an idea of how to proceed with a claim that Lowells are making towards my girlfriend - I'll state at this point this is on behalf of my girlfriend as she isn't any good at this sort of thing. Please see below particulars of the case they are bringing. I hope everything is covered.. Name of the Claimant : Lowell Portfolio I LTD Date of issue – 19 Jul 2018 What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxx ('the agreement'). 2) the defendant failed to maintain the required payments and the service was terminated. 3) the Agreement was later assigned to the Claimant on 30/04/2013 and notice given to the defendant. 4) Despite repeated requests for payment the sum of £796.54 remains due and outstanding. And the Claiment claims a) The said sum of £796.54 b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to th date of issue, accruing at a daily rate of £0.175, but limited to one year, being £63.72 c) Costs What is the value of the claim? £990.26 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile account When did you enter into the original agreement before or after 2007? I'm guessing after that date! The original account (according to her credit file) was opened 25/09/2007 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? I believe the account was assigned to Lowells as they stated this was 30/4/2013. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to the best of our knowledge but we've only been together 6 years, and 4 years in our current property. It's possible something was sent to an old address. Did you receive a Default Notice from the original creditor? No idea. In all honesty a lot of these because of the age and the fact she's no longer an O2 customer go in the bin. There's also the fact we've moved three times, finally settling 4 years ago. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure, as above... Reading some other CAG threads would this not be applicable as mobile phone contracts are not covered by the CCA? Why did you cease payments? No idea. She had this account before I knew her, and I believe it may have possibly had something to do with her state of mind at the time. She split from her ex who she was with for 15 years and got a bit depressed. Working as a carer on basic minimum wage and living alone for a time, so probably got swept away. What was the date of your last payment? No idea on this. Have contacted O2 with a kind of altered SAR directly by E-mail requesting details they hold on her 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 planicon? No I'm going to fill out the AOS on-line on her behalf (praying that this doesn't get as far as court as neither of us will be up to that) However I would appreciate some advice on whether this would possibly be statute barred? I understand why they are bringing the claim now as it's just under a year before the 6 year period runs out. But surely the 6 year period runs from the last date a payment was made? Am I right to go down this route of defence? And am I right to hit O2 with a SAR. (I'm expecting them to have little information though on her as the account was opened 6 years ago, although assigned to Lowells just under 6 years ago) At this stage should I specify that I'm contesting the entire claim or just part of it? She had an account and it's likely the contractual term hadn't ended but it's hard to know exactly at this stage what terms she was under as the account was opened 5+ years before it was assigned to Lowells. Given all the uncertainty I'm leaning towards contesting part of the claim? Would that be the best course of action? and then hit them with a CPR 31.14? Many thanks in advance,
  7. Vodafone have recently charged me for going over my myfi data allowance without giving me notification that I am about to exceed my allowance as they have done before via the app for the device. I have now been billed for £245 for over using me device without my knowledge. I spoke to the complaints department today who have told me that they can reduce the bill by £44! and that I should have self managed my allowance by checking my app despite me telling them that the app is not working. They pointed out that my bill will increase due to late payment (I refused to pay ) and that my details are now with the bailiffs! I found that I am not the only one with the problem when I searched online this afternoon I found that I am not the only one with the problem. Apparently its in their contract to advise their customer that they are about to go over their allowance. Can someone advise or tell me if this the right way to approach the problem and if so how should I go about it. I did find a link for this but the post wont let me add it as I am new. Thank you
  8. Hi all Had a letter from DCA saying they are the new owners of O2 debt and I need to pay them , They haven't provided much details except original company as O2 and the amount I owe and DCA internal.reference number What do I need to ask them so that I can be sure if the accounts belong to me or not , if I were to reach a stage I need to pay them ,I don't want to pay blindly without knowing if those are my accounts Please advise Thanks
  9. Sant refuse to allow payments to registered payees unless I give a mobile number for them to send a OTP I have a registered list of payees but S will not allow online payments without a mobile number. The Ombudsman has said Sant can create any Ts&Cs it wishes and this is covered in new Ts&Cs. FCA says S are not 'in breach' I am seeking another way to contest this demand as it puts me at risk of IT attack because I cannot operate a mobile phone securely and also I consider that it is a 'harvesting tool' for S's benefit. I have other accounts banks and brokers and none have demanded mobile numbers. S declares it as a necessary safety requirement. but that is plainly untrue. I am aware that I can change banks but that is to gift victory to Sant in a dispute that involves that section of folk who do not have a need or want of a mobile phone. Surely there has been a long enough history of banks imposing restrictions on customers that benefit only the banks and dis benefit the customer. Can anyone offer guidance as to how to bring pressure on Sant to revise its policy.
  10. Hello folks, I tried taking out a mobile phone contract with EE in 2016. I was declined and, on contacting EE, was told there were three T-Mobile accounts in my name from 1999-2002 (approx) with an outstanding debt of around £450 in total. I finally got round to sending an SAR letter last month and received a reply today. EE have sent me a couple of pages of account notes but no mention of the outstanding amount(s). Firstly: based on this, I'm pretty certain that EE have sent me incomplete data - however, without knowing how their systems work, I don't know _what_ data they must hold on me, but at the very least, somewhere, there must be a total amount owed. Secondly: the notes say that I disputed that the accounts were mine (which I did), and EE decided that it wasn't fraud because the accounts were opened using my name, address and date of birth. I genuinely don't remember opening these accounts. How can EE be so certain that I opened these accounts simply by checking that my name, address and date of birth match? I just want these accounts removed from my record so I can, should I still want to, take out a new phone contract with EE. Is there anything I can do here, or do I just need to accept defeat and find a different mobile phone company? Thanks in advance Alex
  11. 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.
  12. Hi I've been receiving letters from Lowell regarding a debt for a mobile phone account which isn't mine. I mistakenly decided to ignore the letters until county court claim has been started against me. I've filled out the form online to give me some extra time to defend it and form a case but I'm hoping I can find a way to force them to annul or at least postpone the claim. I've looked around here and apparently because it was a mobile phone contract, a CCA request letter would be ineffectual because it was a service agreement. So I'm thinking about sending them a "prove it" letter and possibly a Subject Access letter but I'm unsure of how effective this will be. Any advice and suggestions would be greatly appreciated. Also, Lowell have put a default notice on my credit card report which is what I was wondering if they can legally do that without any proof?
  13. Hi, I am on JSA and my work coach has asked me to get a mobile phone. They have stated they will pay for it but I am not happy for personal reasons (which I don''t want to share with the work coach). Since I already have a phone in the house is this something they can insist on and is there anything I can say to discourage it?
  14. Hi. I'm just wondering what the law is regarding having Mobile Speed Camera Vans stationed next to GATSO's. I received a ticket, my fault I was over the limit but was already slowing as I go past the GATSO every day. It's a 70mph dual carriageway which drops to 60 about 500 yards before the camera, then returns to 70 again. There have been no recent incidents here, any reason the Police would do this? Just seems like a way to make money from those passing the '60' signs still just over the limit as they slow down.
  15. Hello I wonder if someone could offer me some advice. I received a letter from lowel Solicitors headed: Notice of Acting. They asking me to pay an old Orange debt. 1- Should I ignore the letter? I haven't speak to them so far and always ignore them. 2- If there was no payment at all which date SB will be calculated from? 3- If the contract made in Scotland, SB referred to Scotland or the place you are living now? Thanks in advance
  16. I received a letter today from Lowell saying they have bought a debt of £26.95 from T Mobile. have been with T Mobile and the moved over to EE for quite a number of years. have 2 phones with them on expensive contracts paid by direct debit. have never missed a payment have never heard anything about this debt from T Mobile or EE when it was changed over. This is not on my credit file either. I know it is only a small amount but I do not see why I should pay for something that I do not owe, next time it could be a lot more. Do I just ignore this, I don't want to end up with a CCJ for £26.95.
  17. Hi everyone I would really appreciate some advice on how to handle the following: My father, who is severely physically disabled and vulnerable, recently got a debt collection letter from Lowell alleging a £400 debt to three for a smartphone contract that was taken out over the phone. My father is computer illiterate and never took out this contract. It was likely taken out by his ex partner and carer in 2015. I have written to three with a subject access request but all they have provided me with is copies of bills. They say they do not have any recordings of phone conversations from the time the contract was entered into. I need to know from them: - What steps were taken to establish the identity of the person taking out the contract and protect my father from fraud? - What bank account details are associated with this account or was the account opened without any bank account details? - What date was the account opened? - Who signed for the delivery of the device and where was the device delivered? They have not yet provided me with any information. How can I go about proving that this debt is not my fathers? Is the onus on Lowell to prove this debt is his if we go to court? Can they prove this debt with only bills as evidence? My dad is very vulnerable and on a fixed income with lots of additional costs as he is currently moving into supported housing and has very complex health needs. He can not afford to pay this bill which is not his. Advice very much appreciated. Thank you Em
  18. I am writing this on behalf of someone else. Where i use the words me i or us means the person involved. Not me. I was employed as a mobile with a well known security company. My main job was to respond to alarms and deal with them. When i started my job off i was told that i was on a gauranteed 24 hour contract (weekly). I was not given any paperwork apart from some paperwork to show how and what i should be doing. I was told be my manager that i would recieve my contract in the post during the next 4-6 weeks. I also emailed my manager and he confirmed that i had indeed signed upto a 24 hr gauranteed contract that gauranteed me work of at least 24 hours a week. This manager left and work was going on well until october when my vetting was complete and i was sent a 0 hours contract by Human resources. I immediately phoned up and was told to query this with my manager. 2 emails were sent and nothing happened. Again in january this year my manager changed and i raised this again with hr. The new manager said he would investigate this. He came back to me and told me that the email i had was worthless and that i was on a 0 hours contract. Worst bit my days have been cut where i was without any income for 6 weeks. Since august last year i have put in several uniform requests and have had 0 back as manager keeps on claiming he has lost paperwork. This is despite sending 2 emails to him. I now come to the part After having nearly 6 weeks without work i started back a few weeks ago. The first night back i was pulled by traffic police and asked why i was watching a video playing while driving. The mobile is on a stand. I told the officer i was not watching i was only listening to the music and mobile was facing other way. Officer gave me words of advice and then took my details and after a few minutes told me i could go. No probs so far. He then phoned my employers and told them he was concerned for my safety. I only found out when a fellow officer came looking for me. As far as i was concerned the matter was finished. I did not log it either. Fellow officer told me that a call had been recieved and that the matter had been escalated to the manager. No probs here. The manager phoned me the follwoing day and told me i was suspended pending a investigation and that suspension would be unpaid. I have been to the investigation meeting and i was shown a picture of me sitting in my van with the mibile facing me. I was told this was taken by the other officer and he was allowed to do this. I have now been told that a decision will be taken and if needed a disciplinary will be held. I have been told not to contact any of my fellow workers. What do i do ?
  19. Hi, My mother has been using Three mobile for her broadband (she lived in a caravan, and later a flat, that were unable to have Virgin/Sky installed). For all of 2017 she lived in a flat with a 6GB internet allowance, over the year she went to her limit twice. Purchasing a 2GB extension each time, she had no issues. In November, following weeks of issues, she went in to the store and complained and got upsold a new contract. 20GB allowance, plus she had BINGE (which allowed free watching of Netflix without using her data), her data would be capped and stop automatically when she hit her limit, but 20GB would be more than she needed (she was informed) November she used 8GB, December she used 8GB. In fitting with what she'd used before. Then in January, she suddenly jumped to 12GB, 19GB in February. No explanation for her sudden jump, she only uses facebook and searches on google for stuff. There's no downloads or streaming (apart from Netflix, which is not included in her data usage, it has a separate part). Apparently most of this usage was on Mondays, when she's only in the house for 4-5 hours at most. In March though, she had the real issue, when after 2 weeks she found that she was unable to access the internet. Anytime she tried she was told she was past her limit. 20GB, in two weeks! Still no explanation as to why it jumped so much. I went on her account to check her details. Imagine my surprise, when despite constantly being told "You have used your allowance" and being unable to connect to anything (Including Netflix, which was supposed to be free, but was for some reason cut off when she hit her limit), on her charges it listed a further 6GB that she was OVER her 20GB allowance (despite being capped and cut off, as was requested and told would happen when she had the contract) The 6GB over use, came with a lovely £53 charge. She only pays £15 for the 20GB, so it's extortionate to charge nearly 10x that amount on a per GB pro rata rate, but it shouldnt have been possible to go over. Naturally, we called Three to ask what had gone on, and had a very rude staff member tell us "You cant say you only use so much data each month. We know you used a lot more" we asked how, and why it went up so much, given her habits have been the same for about 4 years now. "I dont care, you cant tell me I'm wrong. You owe use the money" Then we were cut off. One rude customer service agent. Possibly hung up on us, maybe a real disconnection. So we called again, and got basically the same response and also got told that the store could not cap her usage, so she owes them the money. Unhappy with this, we went through their Resolver complaints procedure, and this is where we now stand. They have admitted: *They should have capped the account *Mum should not have been told it was capped, if it wasn't *The £53 charges are not fair They have said: *Mum cant cancel her contract, without paying them £70 early cancellation charge, despite them not giving her what she was told she was getting. They have offered: *My mum stays with them, and pays the £53 charge, along with her £15 bill *To make up for their mistake, they will give her £40 credit towards her next bill *They will now cap her account. Leaving my mum, with an internet account that is still using an insane amount of data for facebook and google searches (she changed the password too, in case someone was using it somehow). A £13 deficit after the £40 credit, and no real apology, given that the £40 apology doesn't even cover the charge that they shouldn't have been able to add anyway! She currently has her Three Mobile broadband unplugged and is just sticking to her phones 4G data (10GB a month, different provider, no issues). Is there any advice for how to reply to Three now? To me, I was sure this was a breach of contract on their part. Because at the POS she was told she was getting a capped internet (that would stop at 20GB), with unlimited netflix. She was given an uncapped internet, that had a 20GB limit before incurring extra charges, and netflix that stopped when she hit the separate 20GB allowance. Leaving her to go 6GB over, despite not even being able to go on the internet. Thanks for any help
  20. Hi Guys, Drove by a mobile speed camera with the dash potentially indicating up to 80 mph (the speed i never exceed in my car). My GPS tells me that 80 on the dash is 77 mph GPS. Do you think I will get an NIP in the post? I know the ACPO guidlines are prosecute at 79 and above, but I am worried the trigger happy police may decide to prosecute for below, like 77! If I do for going 77 in a 70, can I defend it in court? I have a Mini Cooper and it's annoying how the speedo is in increments of 20 MPH! Thanks for letting me know!
  21. Something that has been bugging me for a while. I do not want to name this company but people who have been following my thread against a certain security provider. Will know who it is. They have recently had a revamp ad have renamed their Mobile Patrol Officer position as Protective Services Officer . However reading up on this it appears it is the same name that police use in Australia . http://www.policecareer.vic.gov.au/pso/about-the-role Is this legal as the name is misrepresenting the actual job the person or company is claiming to do . Which is nothing near what the police do.
  22. Name of the Claimant Lowell Portfolio ltd Date of issue – 11 September 2017 What is the claim for – Particulars of claim 1) The Defendant entered into an agreement with EE Limited (formerly T-Mobile UK Ltd) under account reference 12345678 (the agreement). 2) The defendant failed to maintain the required payments and the service was terminated 3) The Agreement was later assigned to the claimant on 30/09/2014 and notice given to the defendant 4) Despite repeated requests for payment, the sum of £308.58 remains due and outstanding. and the Claimant claims a) The said sum of £308.58 b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.068, but limited to one year being £24.69 c) Costs What is the value of the claim? £418.27 Is the claim for - a mobile phone account When did you enter into the original agreement before or after:Not sure of date but think after that date. 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? Not aware. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial difficulties What was the date of your last payment? Think it was in 2012 but not sure. 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? No You very kindly helped me sort out a claim from Hoist/Barclaycard last year which ended up stayed. This is another one my that has come for my girlfriend this morning and I am trying to sort it out for her. I have already sent an AOS via MCOL for this claim as I did in the previous claim. What is the next step, is it different as it's a mobile phone debt rather than Barclaycard? Thanks for any help you can give!
  23. I wish I'd found these forums last week when I did a bit of researching online but came across a mass of other things and got confused. out of the blue last week I got a letter from Restons Solicitors (dated September 1st) stating that I owe ME IV Limited £758.05 on an old EE mobile account. They're saying they're instructed by Cabot Financial to seek payment of the outstanding balance and that if I fail to respond by tomorrow (Friday September 15th) then they are "instructed to request that the Court grants a judgment in Default" The letter then goes on to state about possibly being able to pay in instalments and that I should ring them, go on their website and fill in income and expenditure or send back the income and expenditure forms that they also placed in the letter. Another part says that the debt from EE is from the account opened in 2008 and was terminated December 2014. The date of assignment is 26 August 2016 and the last payment date was 13 June 2014. I was with T-Mobile/Orange/EE for years with no late payments or problems. In my last relationship my ex pestered me to add her and her son onto my contract with a sim for each of them. It was a controlling relationship etc and she managed all the finances in the household. As she has been prone to do with other debts, once she got wind she could ditch the debt and go elsewhere she did so, missing a couple of months payments then just ignoring it. I left there in November 2014 and have been living elsewhere myself since. Heard nothing about this company or debt whatsoever in all the time until last month (August) when I suddenly start getting letters and phone calls from Cabot Financial about it. I set my phone to ignore the calls and kept getting recorded message voicemails. Ignored the letters as to be honest I've been fuming as had built my credit up very slowly with low limit cards and have been paying them off to get my rating up. On Clearscore the debt to Cabot Financial does show as a default but everything else is positive on there (aside from having low credit limits) I've left it late wondering what to do. Advice I did find from various sources said ignore it they're bluffing as it's mobile phone debt and under £1000 it'll never happen. I want to believe that but then have come across a mass of info online saying how awful Restons are to deal with and how they almost always do go for CCJ's. I really don't want a CCJ on my account the next 6 years and have been stressing and panicking about having to deal with courts and anything legal as it's all new to me and blowing my mind, at the same time I don't want to contact Restons and start paying back tiny amounts for the rest of my life as I'm on a low income and can only afford to provide them with a token payment. I'm annoyed at the situation and kinda adamant they won't see that money off me but I can understand that because the debt was still run up in my name that I'm going to struggle to deny responsibility there. I've dealt with anxiety and depression for years and this is taking a large toll right now being honest. Also I dispute the sheer size of the debt as it could not have been more than £200 I'm sure, £300 tops if she dodged it a couple of months or so. I realise they add on charges but to more than double it is beyond ridiculous. I spoke with National Debtline a couple of times the last couple of days. They told me to send a template letter disputing the debt which I was about to go to my local library to print off and send recorded delivery today. The circumstances of it being so late with their court threat date being tomorrow is bothering me and I realise I should have dealt with this sooner to at least give myself less panic about the date. Is this letter the right thing to send? Is it likely too late now anyway and do you think Restons will just throw it straight to court as they seem to be threatening? They worded it not like they may but said they have been "instructed by their client to request the court grants a judgment" so that sounds pretty certain
  24. hi all i took a contract out in sep 2016, couldnt use it, called to send back but they said i'd had it over 2 weeks so no. i never paid anything and forgot about it as they didnt take my compliant serious. they in november 2017 i they put a default on my file. just wondering if i have any recourse to get it took off or anything? Thanks in advance
  25. The above have today issued a county court claim for Three mobile for a debt they bought many moons ago and I thought was statute barred. They subsequently wrote to me and said that as I made an offer in 2012 to pay and never paid it is not. (this was done as part of DMP which I could not complete due to loss of income and breakdown of a relationship) I want to know if I can use the CPR18 as part of my defence as I asked them before to send info such as credit agreements etc and they have failed to do so. I have sent the acknowledgement back to the court. Is there anything else I can use in my defence as I really do not want a CCJ and I cannot afford to pay this debt in full at present. It is incredibly co-incidental that they have issued this before the debt pre-action protocol comes into force in October! Thanks in advance for any advise received.
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