Jump to content


  • Tweets

  • Posts

    • The Contract itself The airport is actually owned by the Ontario Teachers Pension Plan. There should be an authority from them for Bristol airport group  to sign on their behalf. Without it the contract is invalid. The contract has so many  clauses redacted that it is questionable as to its fairness with regard to the Defendants ability to receive a fair trial. In the case of WH Holding Ltd, West Ham United Football Club Ltd -v- E20 Stadium LLP [2018],  In reaching its decision, the Court gave a clear warning to parties involved in litigation: ‘given the difficulties and suspicions to which extensive redaction inevitably gives rise, parties who decide to adopt such an appropriate in disclosure must take enhanced care to ensure that such redactions are accurately made, and must be prepared to suffer costs consequences if they are not’. The contract is also invalid as the signatories are required to have their signatures co-signed by independent witnesses. There is obviously a question of the date of the signatures not being signed until 16 days after the start of the contract. There is a question too about the photographs. They are supposed to be contemporaneous not taken several months before when the signage may have been different or have moved or damaged since then. The Defendant respectfully asks the Court therefore to treat the contract as invalid or void. With no contract there can be no breach. Indeed even were the contract regarded as valid there would be no breach It is hard to understand why this case was brought to Court as there appears to be no reasonable cause to apply to the DVLA.............
    • Danny - point taken about the blue paragraphs.  Including them doesn't harm your case in any way.  It makes no odds.  It's just that over the years we've had judges often remarking on how concise & clear Caggers' WSs have been compared to the Encyclopaedia Britannica-length rubbish that the PPCs send, so I always have a slight preference to cut out anything necessary. Don't send off the WS straight away .. you have plenty of time ... and let's just say that LFI is the Contract King so give him a couple of days to look through it with a fine-tooth comb.
    • Do you have broadband at home? A permanent move to e.g. Sky Glass may not fit with your desire to keep your digibox,, but can you move the items you most want off the digibox? If so, Sky Glass might suit you. You might ask Sky to loan you a “puck” and provide access as an interim measure. another option might be using Sky Go, at least short term, to give you access to some of the Sky programming while awaiting the dish being sorted.
    • £85PCM to sky, what!! why are you paying so much, what did you watch on sky thats not on freeview?  
    • Between yourself and Dave you have produced a very good WS. However if you were to do a harder hitting WS it may be that VCS would be more likely to cancel prior to a hearing. The Contract . VCS [Jake Burgess?] are trying to conflate parking in a car park to driving along a road in order to defend the indefensible. It is well known that "NO Stopping " cannot form a contract as it is prohibitory. VCS know that well as they lose time and again in Court when claiming it is contractual. By mixing up parking with driving they hope to deflect from the fact trying to claim that No Stopping is contractual is tantamount to perjury. No wonder mr Burgess doesn't want to appear in Court. Conflation also disguises the fact that while parking in a car park for a period of time can be interpreted as the acceptance of the contract that is not the case while driving down a road. The Defendant was going to the airport so it is ludicrous to suggest that driving by a No Stopping  sign is tacitly accepting  the  contract -especially as no contract is even being offered. And even if a motorist did not wish to be bound by the so called contract what could they do? Forfeit their flight and still have to stop their car to turn around? Put like that the whole scenario posed by Mr Burgess that the Defendant accepted the contract by driving past the sign is absolutely absurd and indefensible. I certainly would not want to appear in Court defending that statement either. --------------------------------------------------------------------------------------------------------------------------------------------------------- I will do the contract itself later.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

02 Unauthorised transactions


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6056 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Got an o2 mobile on contract and up until October i paid my bill on line. However October the 10th i set up a direct debit. This was using a brand new bank card with a different security (last 3 digits on back of card) number than my old card. O2 are the only company to have those details.

 

My first direct debit came out the begiinning of November and thats fine and this states direct debit on my bank statement.

However a further 2 payments have come out from O2 for the sum of £30 each that has nothing to do with my mobile phone payment as they do not show on mobile phone account.

 

On the statement it says "prep" which from what i believe its pre payment and looks like someone is topping their phone up with my bank details. As they are the only ones to have my details and since its since the direct debit was set up im inclined to believe it someone in o2.

 

I have cancelled my bank card and informed the fraud department in my bank but o2 are giving me the run around. Someone was supposed to phone me back after i faxed off my bank statement. They never rang. I have been passed backwards and fowards to various departments. I eventually got told i needed a 'ged number' from my bank so o2 can trace the transaction. I got told its traced back to my account (meaning mobile account). Dont see how someone topping their phone using my bank details is anywhere connected with my mobile account.

 

Anyway promised they would contact me back but yet again they havnt. It seems they are not taking this serious enough after all its theft and fraud.

 

Anyone give me any advice on whati should do. Want to ring them tomorrow and ask for full refund as im fed up of waiting.Thinking of threatening them with a letter to OFCOM and cancelling my contract. Anything or anyone else i can use to help me get my money back.

 

Thanks in advance and sorry for the long post

Link to post
Share on other sites

Hey, I can't answer for sure on O2's procedures but I can give an idea of how other networks would handle this.

 

If you contact your bank to advise that you did not authorise these payments, your bank should be able to reclaim this money from the network and put it back in to your bank account (just make sure that you are positive these payments have not been made to your O2 account as this process flags up on the account that it has been accused of fraud).

 

Then, I would hope O2 should be able to search for the payment details using simply your bank card details (again, I must reiterate that I do not know for sure if O2 can do this, but I know T-Mobile do as I work there and do it often myself, it's not that hard) so they can find the account which your card has been used on fraudulently - they can then pass these details on to their fraud dept so they have more info to work with. Just bear in mind that there is a lot of fraud happening these days so there could be a wee bit of a backlog, but someone at O2 should be able to give you a rough timescale, I would think.

Link to post
Share on other sites

Thanks you have made more sense than anyone i have spoken to in the last week.

 

My bank say they are investigating it. I am 100% certain i have not made the transactions.

Using a ged number o2 have said they have traced the transaction back to my account and now im waiting for someone to get back to me from o2.

 

My account is a contract and dont see how topping up a phone can be traced back to my contract account as no such payments are recorded on my contract account.

Link to post
Share on other sites

Again, I can't be definitely sure re O2 as I have no idea of O2's price plans, but you don't have a price plan which is half contract and half payg? (T-Mobile do one of these, so just checking).

 

Ask O2 why they cannot just do a search using you bank card number to do a search as this should bring up a list of all accounts which your card has been used on. I do these at my work and it only takes 3 mins max, and it can bring up suprises ie your card being used on 5 accounts or something.

Link to post
Share on other sites

No funny price plan. Plain contract. I used to pay online then decided to pay by dd. Its a brand new card so its only o2 who have that cards details and no other company.

 

I will ask them if they eventually get back to me. Thanks

Link to post
Share on other sites

I had set up a direct debit on the 10th October to pay for my phone bill as before hand i paid it online. The first direct debit payment came out on the 2nd November. This is confirmed as correct.

 

However on the 25th October and 5th November and not connected to the direct debit, a payment each of £30 came out as a card payment with "prep" on the statement.

 

So someone has used my bank details to top up their mobile phone.

The only company to have these details are o2, and the only time i gave these details are when i set up the direct debit.

 

My take is a member of 02 has used my details or they have passed them on to someone else (whether purposely or accidental) who is using my details.

Link to post
Share on other sites

I've still not got it. Who/when did you give your CARD details to? And why was there any requirement or necessity to do so?

 

Are you saying your earlier payments (that is PRIOR to creating the DD) you had given them your card details to pay your bill?

 

You see, to set up a Direct Debit, NO card details are ever requested - only your Account Number and Sort code. Anything else, and it isn't a DD!

Link to post
Share on other sites

Ahh i get you now. Sorry i should of made myself clearer.

 

Ok the story

 

The 10th October i recieved a call from 02 on my mobile saying they have not recieved my payment as i pay it online and sometimes forget so i was late paying it. So i made a card payment over the phone using my brand new card. This payment went through ok so must have been o2 and not someone trying to get hold of my details. However i did think it was funny them ringing as they have never done this before.

So after i had paid my bill i then requested that i set up a direct debit so in future i would not be late paying my bill.

 

That i thought would be the end of it.

Link to post
Share on other sites

Hey, here's a couple quick ways for you to check for yourself if the payments were made toward your own account. Firstly, assuming that you have made all of your other payments on time, if two extra payments of £30 have been made to your account then you should either be £60 in credit, or your bill following these payments should already have had £60 paid towards it (which should show on the bill). I would imagine you would be able to find this out either on your bills (which usually show payments over past month) or online on O2's website if they have a bit where you can sign up to view your account online.

 

Technically, "recurring card payments" can be set up whereby the network just takes the payment from your card each month without you having to call them (much in the same manner as a direct debit) but owing to the fact that you had to actually make the payment yourself each month via the website it does not sound like this is what has happened. Also, by setting up a direct debit, had this been the situation in the past it would have had to be cancelled and changed to a direct debit payment.

 

Did the person who called you from O2 ask you security questions? And do O2 have a record of anyone from O2 calling you? Otherwise it may not actually have been O2 who you spoke to. I know you say the payment went through successfully so it must have been them, but that is only assuming that you did forget to pay that month - if you had already paid then there would be a successful payment on your account.

 

Furthermore, it could be possible that the original card payment which you made was accidentally taken twice (if it was for £30) - sometimes computer glitches happen - I would ask O2 to double check this. It should be easy for them to check - they just have to look on their computer and they should have a list of payments made on the account.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...