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3 sent me 2 phones on accident now making me pay 2 contracts!


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Hi guys.

 

My friend has himself in a predicament.

 

He is a student and lives away from home, his phone bills go to his mom and dads place and so did the phone which he ordered.

 

happy days.

 

After this another phone was delivered to his mom and dads address , now hes not the most observant of blokes and wasnt told this from his parents. He noticed 5 months into his contract that he had been paying for two phone contracts! dont ask about the kid !doesnt check bank statements or phone bills- he just set up a direct debit to 3 and lets them take it.

 

the phone is in its box still with security seal intact and has never been taken out of box as he didnt know he had it till he found out 5 months in.

 

he has phoned 3 and has had the standard response , nothing we can do still gonna charge you for rest of contract etc etc no refund etc etc.

 

I feel sorry for him (even though hes a scrounging student) !! and am going to try a letter to get this back and the contract as voided. He knows for sure he only signed for 1 contract .

 

what angle would you reccomend.

 

I thought a prelim letter to ask for proof that the second contract was asked and authorised and signed for?and that it was an error on their part?

 

i thought if this is successful i might get cocky and ask for expenses for him in terms of being out of pocket due to a 3 error.

 

Any thoughts welcomed.

 

At least it might make him visit his ma and pa a bit more after this episode !

 

:|

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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This is should be quite simple, bit like your mate really lol

Get him to write a letter asking for a copy of both alleged contracts which he would've signed on receipt of the phones as long as he didnt order and sign for 2 of them he should be receiving only one contract!

If indeed the other phone is unopened he should send it back recorded delivery, also he needs to cancel his d/d for the unused phone, if he hasnt activated it i wouldn't have thought they could charge him!

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hope he dont read this !haha

 

il get onto that right away, just explained to him that talking on the phone to them does bugger all and that you HAVE to write letters.

 

cheers cillitbanger btw are you Barry Scott??

 

any more views....

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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Just to clarify, the phone needs to be sent back by Special Delivery with the relevant compensation cover depending on the value of the phone. Don't send it Recorded Delivery just in case it doesn't make it there safely.

 

 

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I see thats a good shout barracad.

 

The letter im thinking of sending will be sumin Along lines of

 

I trust you have received the unwanted phone sent out by your company in error it was sent Special delivery on xxxx and you will have recieved it on xxxxx

 

Please provide me with the alledged signed contract for 2 phones that you are saying i must pay for.

 

If however there is no contract for 2 phone contracts signed for by myself i will send a preliminary letter asking for a refund of all fees charged to my account from 3 FOR THE SECOND PHONE SENT OUT TO ME BY ERROR THAT IS UNUSED HAS NEVER BEEN ACTIVATED , if there is not a positive response from 3 after 14 days i will send a letter before action outlining that you have 14 days to refund charges and at the expiry of these 14 days i will lodge a county court claim for all monies owed, interest owed and all costs.

 

I trust this clarifies my stance on this position.

 

MR C XXXXXXXXXXX

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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You may as well include the letter with the phone - saves on postage and you know they've received your letter.

 

 

-------------------------------------------------------------------

christmasrallycag_468x60.gif

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Barracad - you make me feel dumb sometimes !

 

great shout again.:)

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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