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    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
    • Hi she did say she was cancelling and returned the equipment. It looks like they put her on a rolling contract for 24 months when she phoned before trying to reduce her payments as they kept going up. I know Sky haven't done that to me. She didn't see that email as she's had lots of stressful situations. No.letter in post or when she originally phoned about reducing her bill well over £100 they didn't tell her about this contract. Like you say there should be recordings. BT mobile contract is separate to broadband and the cancellation fee is for the broadband. They have blocked her mobile so she can't use it and that is a contract. She is phoning CAB in the morning and checking through her paperwork. I'm quite happy with Sky as they tell you upfront what is happening and have never rolled over my contract. Thanks for taking time to reply it is much appreciated. 
    • I've sent an email to a press contact And one to a journalist at the BBC!
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

CPUTR 2008 questions and advice....


Please note that this topic has not had any new posts for the last 3420 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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Good afternoon folks....:-)

 

Upon request, I have started this thread for questions/advice re. CPUTR because my last thread had grown too long for people to find relevant information. I have gone through all postings on the other thread :!: and noted the ones to keep and the ones to be removed/hidden and once this list has been emailed over to CitizenB.... (later today, I hope) it should then be far easier for people to follow the original CPUTR thread. If not, any questions can be asked here.

 

For reference, the original thread is now a "sticky" and the link is below :

 

Fighting back with CPUTR 2008....

 

I am now shattered and off for a lie-down !!... :lol:

Edited by citizenB
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Thank you for your work, good job you have a week to recover:-) CPUTR is often overlooked and anything that brings it to people's attention is excellent.

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Excellent, Thank you:!:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Yes its a good effort.

It is well worth printing a copy off for reading-although it does go into many pages.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have to say that a lot of people, (inc me) will appreciate you efforts on this, now and in the future - excellent stuff

 

David

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Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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I know this is in danger of becoming a P1 tribute thread, so maybe I could get it back to questions and answers by saying a final thank you on behalf of everyone on CAG - you really have done an incredible job which is much appreciated by ALL of us. You are an absolute star!

 

And so on to questions..............

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OMG... no tributes please.... I ain't dead yet :lol:..... although if Brian Carter has his way, I might be soon.... :madgrin:

 

This particular account is still with the OC but has been through 3 DCAs and one solicitor already...... so let's see how he responds to a request under CPUTR. I've heard that Mr Carter tends to issue court papers like confetti.... but will he still pursue it?

 

Place your bets now.... ! 8-)

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PO 1 Carter O:madgrin::!:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Yes its a good effort.

It is well worth printing a copy off for reading-although it does go into many pages.

 

There will be far fewer pages once the editing has been done.... :-)

 

Other thread fully edited. Well done P1 for sticking with it :)

 

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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PER ADUA AD ASTRA may the stars of CAG prosper:yo:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks P1...

 

But correct me if i am wrong here....is the OTHER main thread purely for factual experiences...and THIS one for Q and A's???????????????????????:?: s'pose this is the 1st question:-)

 

rgds

m2ae

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Thanks for all your help CB.... :-)

 

Yes, M2ME.... the main thread is for people wanting to familiarise themselves with CPUTR and what can be achieved. It just got too huge for people to plough through and it was suggested to edit it down... before it got as long as my "Manchester" thread... :jaw:

 

This one is for questions/advice.... but if we need to direct people to the first thread, they'll be able to get the gist of what it's all about from that and if there are any post-request experiences/responses to add to that thread, we still can.... without clogging it up.

 

:-)

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Good on yer P1.

 

I'm sure there'll be questions soon enough on zis thread...

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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If I need to use CPUTR2008 at some stage,will the fact that I have sent an I & E to some DCA's in the past be in some way an admission of debt and take away the very power of CPUTR 2008.

I have read through the threads re CPUTR but could not find an answer to this.

Please advise.

Thanks

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If I need to use CPUTR2008 at some stage,will the fact that I have sent an I & E to some DCA's in the past be in some way an admission of debt and take away the very power of CPUTR 2008.

I have read through the threads re CPUTR but could not find an answer to this.

Please advise.

Thanks

 

IMO, no. CPUTR is used for clarification; to see where you stand based upon what they're threatening to do to you at the time. A lot of the time, it means that we have to read between the lines because companies seem reluctant to say one way or the other if they don't have relevant documents, etc. Having said that, some have just written back and said that they are no longer handling the account.... leaving you to draw your own conclusions.

 

Sending an IE sheet is attempting to co-operate. Responding to a request under CPUTR is asking them to co-operate back.... that's all.

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Thanks P1

Thats clear.

I'm sure I will have more questions as and when the need arises.Its really great to have such a thread as this.

Thank you.

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HI

 

Yes there is a lot of information on the thread. I haven't really looked into this much so forgive me if this has been gone ove before.

Regarding the practical use of the legislation, i notice that several posts mention "Criminal sanctions" for breach of the act. Could you elaberate for me, are these sanctions itemised within the act itself, and who can set off the enforcement proccess, the cosumer, the oft?.

Also do these breaches have to be indemic( ie. something that effects many consumers) or can it be an individual act against an individual consumer?

 

Peter

 

Peter

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HI

Ok Just read some of the act, OFT and Enterprise act, i see.

 

The act does seem to continually refer to "commertial practice" though this would seem to me to indicate that the regulation was intended for commertial breaches rather than individual ones, looking at the actions that have been taken using these regs, they same to confirm this.

Advertising problems, misseading claims, not seen anything yet that would show how this would aid an individual who is trying to get a copy document for instance, there is no sanction regarding enforceability available for any breach.

 

Would you not have to show that any breach was systemic in order to get an enforcement? Would it be likely that a creditor would have a system in place that issued incorrect copies. I mearly seek clarification.

 

Peter

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Hi Peter...

 

The only case so far that i am aware of in intepreting this Regulation was this year in the High Court

 

OFT v Purely Creative Ltd...although not in context of Consumer credit Agreements it nonetheless clarifies terms such as 'average consumer,'transactional decisions,''misleading actions/omissions' .....

 

There is also an OFT CPUTR 2008 Guide published by OFT I cannot remeber what coed it is for now but I am sure that someone vwill help

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Hi

Yes i have a copy of the regs, i was just after some examples of how it is enforced. I fo9und some here

 

http://www.google.co.uk/url?sa=t&source=web&cd=2&ved=0CCQQFjAB&url=http%3A%2F%2Fwww.mablaw.com%2Ftag%2Fcputr%2F&ei=5i3lTZrRPMW28QPet_yIBw&usg=AFQjCNEvm14NPLVnJUggLFhxaVPnXI9fYw

 

THey all seem to be concerned with the breach of a companies requirements to comply with a general provision, if you see what i mean. I was looking for something that showed these regs can be used on an individual complaint.

 

I noticed the letter on the other thread that referd to the regulation being used to compel creditors to only say they can send a true copy, if the orriginal executed agreement was available.(otherwise they would breach section 5 of the reg)

 

This is interesting, i just wonder if it appropriate to use it in a one off situation, looking at the regulations it seems to me that the requirement would have to be made on the finding that the company issued copies in this manor on a regular basis, or that this was a systemic breach.

 

Peter

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Haven't you questioned this on another thread Peter?

 

Although I can't remember which one or what the response was! :?:

 

Hi no not looked at this regulation before. But it is quite a fundemental point and is similar in this respect to the enterprise act i think. If you have discussed this before i would appretiate the link.

 

Peter

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