Jump to content


  • Tweets

  • Posts

    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
  • 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

BT - Cancelling contract due to change in charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4779 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

Good morning all,

 

I bought a package from BT 8 months ago, and I'm currently having a bit of an issue.

 

They've recently changed their line rental and call prices, and as a result according to the T&Cs we were entitled to cancel with no penalty to ourselves.

 

However, when I called them they agreed to cancel the call package and line, but will not cancel the broadband as it's a 'separate product' (even though I bought as a package) even though I cannot use it on anything other than a BT line - rendering the product useless.

 

Can they do this? I spoke to a senior there, and they advised me to take it up with Billing when the final bill arrives.

 

Any help would be greatly appreciated, I'm simply not prepared to pay for a Broadband package I cannot use due to not having a BT line, which is in turn due to a breach of their terms and conditions.

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

Link to post
Share on other sites

if British Telecom because the cancellation of a service which then means that it is impossible to use a collateral service such as broadband – especially when the broadband is being supplied by themselves, then they would not be in a position to refuse to cancel broadband simply on the basis of the contractual provision.

 

In other words, you're absolutely right. However, British Telecom are dinosaurs and getting them to accept that you are right will be a different matter.

 

If you fall out with British Telecom on this, then my advice is do not stop paying the monthly fee because if you do they will simply trash your life – even though they are completely in the wrong. The best thing to do is to keep on paying, but make sure that they have in writing that this is under protest and that you do not accept their position. And then bring a County Court action to get the money back and to bring the broadband contract to an end.

 

As with all of these dinosaur/bullies, once they have the court papers in their hands then they will ask somebody with some intelligence and some judgement to look at the situation and they will then deal with you as if you are a real person

Link to post
Share on other sites

I checked on my Experian credit file, and they are not listed as being anywhere in my report, or in any credit agreements.

 

Does this mean they won't have an impact on my credit file if I did stop paying?

 

Cheers for your help guys!

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

Link to post
Share on other sites

I believe (not 100% sure) BT are one of the last telecoms companies that DOES NOT report on your credit file.

 

Personally, I would go read and follow their complaints procedure located here

 

Keep all correspoandance in writing, and keep a copy for yourself.

 

Be asertive and tell them what you want, and tell them if they won't give you what you want, to issue you with a DEADLOCK letter.

 

If they issue you with a DEADLOCK letter, rather than escalating the complaint to Otelo their Alternative Dispute Resolution (ADR), I would personally go via county court. (a deadlock letter is BT stating they have given their final answer, so you can escalate the complaint to their ADR) However the Otelo is IMO a toothless qango that mostly sides with the telecom company.

 

Be proactive and get them to cancel the contract. It is goung to be much easier than them getting debt collectors off your back later, because if you thaught finding someone with 2 brain cells at BT was hard, you should try sorting things out with some of the DCA's out there!

 

Keep us updated

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Will do, the manager I spoke to said I'd have to take it up with billing when I receive my final bill.

 

When I get that, stick to writing only or ring billing?

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

Link to post
Share on other sites

hi matty,

take the matter up first with billing all in writing only, and send recorded delivery, and ask for a final response letter,

if you get nowhere DO take it up with OTELO, they sorted a problem out we had with the post office phone service, and were great, and we got monies back as the post office were in the wrong but would not budge until OTELO wrote to them and got involved, hope this helps.

totiesquoties, the court will cost you time and money, OTELO costs you nothing, except to fill in their form they will send out to you, etc. also i spoke to OTELO and they were extremely helpful and very pleasant to deal with, can only tell you from my experience.

Edited by totiesquoties

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

Link to post
Share on other sites

  • 1 month later...

Full refund received, I had to take it up with billing (who were useless) and in the end wrote on a Facebook post of theirs with over 4,000 comments - that's a lot of people reading bad press!

 

I had a refund within 30 minutes. :)

  • Haha 1

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...