T-Mobile data removal. - **WON**

[un1boy]

Thanks LFI!

 

Guys,

 

I am revising again, so I am sorry I've been quiet on here....

 

Just quickly, the notice I received from the court permitting my amendment said I must comply with CPR 23.9 (ie, sending the defendant new POC's)

 

I did this, which they got the day they were due to send their defence.

 

What happens now? I want to issue a judment request beasue they were meant to send me their new defence by 2nd March 2007, but they haven't. (This is the second time - they took a week past the deadline to issue their first defence, but the judge allowed it!!)

 

If I do that, can theye say that I didn't give them enough time, or would the court have sent them details of my amendment request?

 

I did send them it originally, but they never received it.

 

And, whenever I call the "legal assisstant" she answers as "renewals department", no matter how I get to her!!

[buzby]

Why do you have to rush things? Just let them do the running and don;t give them any opportunity to think of desperate measures to challenge you. You've complied with the CPR, if they don't send in their defence, that's their tough luck so when it calls on the due date, you can rightfully challenge any attempt at a delay to 'review your submissions' as you can rightfully tell the judge they're simply abusing due process.

[un1boy]

Why do you have to rush things? Just let them do the running and don;t give them any opportunity to think of desperate measures to challenge you. You've complied with the CPR, if they don't send in their defence, that's their tough luck so when it calls on the due date, you can rightfully challenge any attempt at a delay to 'review your submissions' as you can rightfully tell the judge they're simply abusing due process.

 

Hiya mate.

 

The due date was 2nd March 2007 and I still haven't received their defence.

 

Should I just leave it now or enter a judgemnet request?

[buzby]

Give the court another 14 days from now - there's every chance the court will do this automatically for you anyway as the successful litigant. (In Scotland they do it automatically). There is usually a 14 day wait after judgement to allow for any appeal, so I'd just dream sweet thoughts and cross off the days on your calendar!

[un1boy]

Give the court another 14 days from now - there's every chance the court will do this automatically for you anyway as the successful litigant. (In Scotland they do it automatically). There is usually a 14 day wait after judgement to allow for any appeal, so I'd just dream sweet thoughts and cross off the days on your calendar!

 

Ok, so I don't enter a judgment or anything? Just sit and wait....

 

Thanks fella!

[buzby]

Well... you can always invite us all round for a beer when you get the money!

[un1boy]

Well... you can always invite us all round for a beer when you get the money!

 

You'd all be more than welcome........

[un1boy]

ok, it is now the 21st and T-Mobile have still not entered their "amended" defence

 

I have entered another judgement request so will let u know what happens

[complete]

Hi, Wonder if you can enlighten me. I am a reputable independant mobile telephone retailer, whom has been in the industry since 1988, and don''t have any problems with my customers as they have/or are offered all the facts when signing up for a contract.

 

Did your friends boyfriend work for TMobile and was the phone sent out from TMobile or was the phone from a retailer?

 

Whenever i have sent phones out by mail order, i have sent a copy of the terms and conditions for online registrations, a welcome letter advising distance selling regulations, and also detailing the tariffs costs and contract length. I request the customer to contact me within 2 days from receipt of the phone package, to activate the phone if they are happy with all items, or if they are not happy to arrange return of all of the items unused.

 

This policy i adopted meant that the problems you have experienced do not occur, as the customer is fully aware of the facts. If they choose not to read them, then it is down to them.

 

I have just spoken to someone in TMobile loyalty department and mentioned this thread to them for thier views.

 

I was told that all phones that are sent out by Tmobile direct are sent with the Terms and Conditions, which clearly states how they use personal information, including your records to credit agencies, plus a letter advising the tariff term.

 

Therefore i cannot understand how you did not receive the t's & c's when you initially took out the contract, if purchased from TMobile.

 

The guy at Tmobile advised me that they get calls all of the time, by people claiming to have been given false information, or no information, but by using the phone, and paying the bills, they are deemed to have accepted the contract terms.

 

A customer can request the terms and conditions to be sent out at any time if they wish.

[lookinforinfo]

What a wonderful world you inhabit, Complete. Where every phone that goes

out always contains the full paperwork and customers never complain.

Obviously I will have to go to the opticians and order my rose coloured

spectacles.

Just as well Un1boy is not a customer of yours, since few people like to

have insinuations made against them that they are lying.

[un1boy]

What a wonderful world you inhabit, Complete. Where every phone that goes

out always contains the full paperwork and customers never complain.

Obviously I will have to go to the opticians and order my rose coloured

spectacles.

Just as well Un1boy is not a customer of yours, since few people like to

have insinuations made against them that they are lying.

 

I couldn't have put it better myself!

 

Complete, do you work at the banking code standards board too? Someone there told me that most of the time that customers complain about the banks it is the customer who is in the wrong, not the bank.

[complete]

I couldn't have put it better myself!

 

Complete, do you work at the banking code standards board too? Someone there told me that most of the time that customers complain about the banks it is the customer who is in the wrong, not the bank.

 

I have just asked where you purchased the phone from initially, wether TMobile direct or from a reseller?

 

When i set my business up initially i requested my local trading standards to meet with me, to ensure that i complied with all consumer laws. I was also a member of Which Webtraders until they closed down, and now am a member of Safebuy and TrustUK. I am registered with Data Protection and the Office of Fair trading, and in 11 years of trading i have never had one complaint against me.

 

If that is wrong and deserves your quip's against me as a new member, then what do want from a company you purchase from?

 

I definately do not have Rose Coloured Spectacles, as i see a lot of the rubbish that my competitors give out, and would love it too stop. You should see some of the terms and conditions of trading that we have to put up with now, due to Cowboys in the industry.

 

For us to comply with Tmobiles strict policies we have to adhere to certain terms and conditions regarding distance selling, so i just wanted to see if it was one rule for us and a different rule for them.

 

I was not making accusations that you are lying.

[un1boy]

I have just asked where you purchased the phone from initially, wether TMobile direct or from a reseller?

 

When i set my business up initially i requested my local trading standards to meet with me, to ensure that i complied with all consumer laws. I was also a member of Which Webtraders until they closed down, and now am a member of Safebuy and TrustUK. I am registered with Data Protection and the Office of Fair trading, and in 11 years of trading i have never had one complaint against me.

 

If that is wrong and deserves your quip's against me as a new member, then what do want from a company you purchase from?

 

I definately do not have Rose Coloured Spectacles, as i see a lot of the rubbish that my competitors give out, and would love it too stop. You should see some of the terms and conditions of trading that we have to put up with now, due to Cowboys in the industry.

 

For us to comply with Tmobiles strict policies we have to adhere to certain terms and conditions regarding distance selling, so i just wanted to see if it was one rule for us and a different rule for them.

 

I was not making accusations that you are lying.

 

Complete, I am sorry if you thought I my comments were "quips" that wasn't the case - I think it's commendable that you have not had any complaints against you in over a decade......have you thought of becoming a consultant for your competitors? We need more people like you to set up businesses, then hopefully none of this will happen again!

[complete]

Complete, I am sorry if you thought I my comments were "quips" that wasn't the case - I think it's commendable that you have not had any complaints against you in over a decade......have you thought of becoming a consultant for your competitors? We need more people like you to set up businesses, then hopefully none of this will happen again!

 

There are a lot of reputable independant retailers. Unfortunately the reputable ones are not the wealthy ones.

 

We have had to set up the Independent Mobile Phone Dealers Associations Idependent Mobile Phone Dealers Association - Home, as if the customer feels that they are unfairly treated, you should see what we have to go through.

 

For instance, with most networks, if a customer purchases a payasyougo phone from us, we sell it at a loss initially. Once the line has had credit put on we get a commission giving us a small profit. If the customer does not put another credit on within a certain period (usually 90 days) we get the commission clawed back from. What are we supposed to do, follow the customer around for 3 months

 

On a bigger scale, we propose a customer to the networks credit checking system, and if the network accepts them, we can supply a contract phone, usually at no initial cost to the customer, but at a cost to us of 150 - 300 pounds. If the customer then defaults, firstly the network takes back all of the commission paid to us, and secondly, pursues the customer for the balance outstanding plus the remaining line rental on the contract, so the network can end up with a profit of the cost of the phone to us, as we normally have to purchase from the network direct. All this and they are the ones that accepted the customer in the first place. We have done all that is required. Thats why the IMPDA has been set up...

 

Anyway, don't want to move away from your issue, and hope that you get full satisfaction. We shall keep fighting at our end...

[un1boy]

There are a lot of reputable independant retailers. Unfortunately the reputable ones are not the wealthy ones.

 

We have had to set up the Independent Mobile Phone Dealers Associations Idependent Mobile Phone Dealers Association - Home, as if the customer feels that they are unfairly treated, you should see what we have to go through.

 

For instance, with most networks, if a customer purchases a payasyougo phone from us, we sell it at a loss initially. Once the line has had credit put on we get a commission giving us a small profit. If the customer does not put another credit on within a certain period (usually 90 days) we get the commission clawed back from. What are we supposed to do, follow the customer around for 3 months

 

On a bigger scale, we propose a customer to the networks credit checking system, and if the network accepts them, we can supply a contract phone, usually at no initial cost to the customer, but at a cost to us of 150 - 300 pounds. If the customer then defaults, firstly the network takes back all of the commission paid to us, and secondly, pursues the customer for the balance outstanding plus the remaining line rental on the contract, so the network can end up with a profit of the cost of the phone to us, as we normally have to purchase from the network direct. All this and they are the ones that accepted the customer in the first place. We have done all that is required. Thats why the IMPDA has been set up...

 

Anyway, don't want to move away from your issue, and hope that you get full satisfaction. We shall keep fighting at our end...

 

That's really harsh Complete, but you could always be employed by a broker to save your costs? And you obviously make enough money to have a profitable business.

 

Your post is very informative and it is commendable the way you run your business.

 

I will keep this thread updated with the progress of this claim....

[un1boy]

I have just called the court and they have said that the Judge has drafted an order advsing me to give new POC's!!

 

What? Why? He said that I have to wait for the order.

 

For goodness sake - I included the amended POC's with my original request and was advised it was all ok......

 

Grrr....I'll let you know what it says when I get it!!

[un1boy]

I'm so annoyed with all this - for god's sake, they were meant to enter a new defence by 3rd march and havn't and now I'm being told I have to enter an amended POC!

 

I bet that they haven't noticed that the amended POC were on the amendment request.

 

But why did the woman tell me that it had all been updated?

[un1boy]

ok, I got the order

 

It says that I must enter new POCs by 10th April otherwise the claim will be struck out.

 

I took it all back into the court on the day i got the order

 

Why would this have happened though? i have even been told at least twice that my new pocs were ok and everyhting had been updted.

 

The defendant had my new pocs and have also acknowledged them in writing - i have enclosed that to the court too.

 

I just don't understand how this cuold ahve happened?

 

What happens at this stage? Does the court automatically write the orders to both the defendant and the claimant, or jsut one of them?

[sunray101]

Hi all. i'm new to this forum so just wanting to introduce myself. I am going through a similar process with Hutchinson 3G, with regards to a default they placed on my credit file . Am keeping a close eye on this thread and will be keeping all who are interested, updated on my dispute!

Good luck UN1boy!!

[un1boy]

Hi sunray and welcome to CAG!

 

Have you started your own thread yet? It makes it easier for everyone to help you ateach stage of your particualr case!

[sunray101]

Thanx. will do, am sure i will need as much advice and support for my court case against 3G. I'm waiting for a response to a DPA request i made earlier this month. Ive found that ive done most of the learnin as ive gone along. I guess experience is the best teacher!

[un1boy]

Sunray, it's good that you have done some research already - I would advise you reading Dayglo's thread as well....

[sunray101]

Thanx 4 the tip, i will have a look at that thread today when i get a chance. Feel as though i'm already buried under enough paperwork. I'm also pursuing bnk charges reclaims.

[un1boy]

Well sunray, good luck with it all - let us all knwo your thread name and we will come over and help.

 

Also, any help u need with the bank charges, let me know!!

[voyager9]

hi uniboy

 

good luck with this one

 

i will be watching very closely because the wife has one too!

no notice of course

 

the thing that confuses me is i`m sure i read in dayglo`s thread that somebody wrote to him and stated "to be able to issue defaults with a cra they have to be consumer credit regulated otherwise they couldnt issue defaults" but i cant find the post now and its too long to read through again lol