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    • as the card is still owed by the OC, and as you've seen, they usually are able to comply, then its enforceable. so no don't cease payment.   however get an SAR running.
    • HRT process for returning British citizens can be quick, if they show evidence of now being resident in the UK and working or looking for work. So important to take all documents to Job Centre appointment confirming ID, residency at an address, evidence of work or looking for work e.g. Job applications.   if enough evidence is provided a decision can be made in a few days. And once entitlement is confirmed, then your Son can apply for an advance payment.   Under Universal Credit, once the claim is up and running, then first normal payment made after 5 weeks from start date. Work search appointments regularity can depend on Job Centre and how busy they are. Some people have appointments every fortnight and others once a month approx.  The important thing is complying with commitment and not missing appointments to avoid sanction. It is people who fail to attend work search and other mandatory appointments or fail to show sufficient evidence of looking for work, who can end up with a sanction.
    • Thanks dx100uk - response to relevant questions provided below. I will provide photos of signage at entrance and further photos of marked bays at same location in separate response.   For a windscreen ticket (Notice To Driver) please answer the following questions....  I received a Parking Charge Notice (SIP)   1 The date of infringement? 11/05/2019 @ 16:01   2 Have you yet appealed to the parking company yet? No   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide  N/A   has there been a response? N/A please post it up as well, suitably redacted. [as a PDF- follow the upload guide]   If you haven't appealed yet - ,.........   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Not yet as only 12 days since alleged infringement what date is on it Did the NTK provide photographic evidence? N/A yet   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N? ]N/A yet   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? N/A yet [it is well known that parking companies will reject any appeal whatever the circumstances]   5 Who is the parking company? Simple Intelligent Parking (SIP)   6. where exactly [Carpark name and town] did you park? Harding Street, Manchester
    • wasn't always that way changed with the spc rules of 2016. also, staple a copy of the cabot no cca letter to the courts copy. dx
    • sar to MBNA CCA request to arrows   their address means their address not YOURS!!   once they or anyone you are blindly paying fails the CCA request after 12+2 working days your option to cease payment until they comply exists.    
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
workaholic duck

Future Comms mobile contract

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I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.

 

They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!

 

2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.

 

By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.

 

Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!

 

I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.

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Well it's very lucky that you've been here since 2009 because you are completely familiar with our standard advice to recording your calls. Because you have recorded the calls that were made and all the things they said to you, there should be very little difficulty showing what they promised you and how they have broken those promises.

 

This is a good start.

 

Regardless of the Ofcom rules – and regardless of the particular consumer regulations which would offer you extra protection, you are still protected by the law of contract.

 

I notice that you say that you've never before been locked into something without a clear written contract. I don't really understand why you've allowed it to happen this time.

 

Although you have had a bad experience so far – can you confirm that the service is now working correctly or are there still ongoing problems?

 

I suppose that you had your original telephone number ported to the new service. It may be that if you eventually extract yourself from this contract, that you may lose your number and have to start again. Is having a new telephone number going to cause you any problems?


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Thank you for replying. Why did I agree to it???? I was stupid and basically duped. Banks? Credit cards? I'm an expert! Phone networks? Only ever dealt with EE (previously Thank you for replying. Why did I agree to it???? I was stupid and basically duped. Banks? Credit cards? I'm an expert! Phone networks? Only ever dealt with EE (previously Orange), never deviated until now. I had no idea about these 'middle men'. Thought they just got new customers on behalf of the main companies, 02 in this case. Ah, my utter ignorance of the real world.

 

 

They are not regulated by Ofcom (just called). They can apply any length contract etc., decide on their own regs. I honestly thought I had rights. Apparently not! They are the same type as Carphone warehouse et al.

 

I have requested in writing the tel. logs from them (no, I didn't record it, I was taken unawares and fell into their trap), asked for my contract, what my terms are, length of contract etc. in writing. They hate writing! Prefer phoning and running circles round me, then ignoring my requests.

 

No-one can tell me how safe my number is. Yes, it would cause huge problems if it were changed. It's my business contact, printed on everything.

Today, I received my first bill notice from 02. The arrangement was that I would pay it in full, then be reimbursed with over half later in the month. I did query it but was assured it was 'just the way'. I assumed it was so they got their commission or something? They promised to pay my final bill from EE after I send them the bill. Obviously I pay it first. EE warned me it could be 2-3 months before they did. It's not huge, thankfully. But it pays off my handset.....so surely I now own my phone? (I would never upgrade with this shower).

 

I have asked for everything in writing but nothing happens. I have contacted 02 who have raised a complaint from me and will send it to future comms department who are supposed to adjudicate independently??? How can that be?? Apparently they are regulated by Ofcom.....

 

It is all SO confusing. When I wrote asking for everything in writing, I did say that they must treat my request as a complaint (from that date) until I had been satisfied. Hoping to keep everything open until I can find a way of somehow legally extricating myself (if ever??). Trustpilot reviews are pretty bad! So many others experiencing the same. So many not getting refunds, or final bills paid, even after a year in some cases! One person divulged they pay customers (1 months free) to post 'excellent' reviews!!

 

I accepted last week that all I could do was go along with it, for 3 years, and not change anything. Make sure I got my refund every month and never enter into an upgraded phone contract with them. But is that possible? Will they? Can I? It angers me that I should feel so uncomfortable and suspicious of a company I am linked to. So now, I want justice!

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You haven't answered the very important question – is everything now working satisfactorily or are there any ongoing problems – and by this I mean in terms of your telephone and the quality of your telephone service – everything you have bought from them?


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So far it is. But it's only been 1 week.

 

My biggest concern is the bill and whether it will be reimbursed as promised. I was paying EE £25/pm, including my handset. This company promised me a better deal. They said £15/pm + VAT for sim only. 02 are charging me £39.60 this month. Future comms should return £18 + VAT.

 

Also, my final bill from EE for leaving 6 months before the end (£171.22). What to do if I don't get it. How to make them pay? What if something does go wrong? Having the 'contract' with one company, network from another?

 

I hate leaving everything to chance. I need to know if I have any rights! Any slim chance of a get-out, any way I could make myself such a nuisance to them that they just want to get rid of me? I am ideally looking for some legal angle to use to counter their 'smugness'.....that is their standard response....just laugh it all off and tell me it's all fine and I'm happy now, all resolved.....goodbye.

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The get out will be if they breach their contract in some way – and particularly in respect of the telephone or the quality of the service.

 

I haven't completely followed everything you said here – have you got evidence of their promises to refund you money, give you a better deal, et cetera?


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This is the crux of the matter. It was a verbal promise (which is why I've asked for the phone transcripts). I have asked for it all in writing and they are ignoring me. All they sent me was the bank dd mandate, payable to 02, saying that is my signed contract. Anything else I question, they refer me to it having been explained during the call. I remember most of it anyway....but I expected to receive the details in a written format. With EE I could log in to my account and see the tariff, contract dates, t&c's etc. I have nothing to refer to here.

 

When I contacted 02, they told me the contract ran from 14th Dec 2018 to 13th Dec 2020. Yet Future Comms insist it is a 36 month contract. There are just so many red flags and it's only been a week!

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If you can point to a clear term of your contract – which was agreed verbally or in writing – and for which you have evidence, and if you can show that that contractual term has been breached so that it has fundamentally undermined the purpose of the contract for you then you would be entitled to resile from the contract.

 

The real problem here is that you walked into this and you haven't followed the sensible advice which we have been giving for years and that is to record your calls. I know that you seem to be saying that you didn't expect this – but that is precisely why we tell people to routinely record their calls. You will regret it if you don't – and in fact I'm sure that you are regretting it.

 

Although it's a bit late in the day, I would suggest that you change your approach to business and generally to the people you deal with on the phone and install a call recorder and start recording everything. That is the only way to protect yourself. Read our customer services guide. It's all there. Thousands of people read it - but I have just checked and I see that you haven't.

 

We can help you if you can produce evidence of the contract. Have you tried sending them an SAR?


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Thank you and I am beating myself up enough already. I really don't know how I succumbed......my only defence is that it sounded like they worked for 02 to get customers! I had already found out that 02 was better reception here in Cornwall but hadn't got round to changing network providers.

 

I have requested, in writing, by email a copy of terms I agreed to, tel. transcripts, confirmation they would honour their promise of a refund each month and payment for early contract cancellation. Also, stated in the email that it was to be treated as a 'complaint' until resolved. I read somewhere that if there's a dispute, the 'cooling off' period can extend to a year (except they don't give a 14 day period!).

 

If they don't give me the refund each month, presumably that is a breach?

 

I still can't comprehend how a DD mandate to 02 can be a 'contract' between me and Future Comms.

 

I have been trying to figure out how to get a recording app to work on my phone.

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If you have an android phone then it's a snap. If you have an iPhone – then get an android phone.

 

I suggest that you get a call recorder working and then you might try telephoning them and see whether you can get them to say things which would repeat or confirm what you feel that you had originally agreed.

 

If you've got an iPhone you can also try a TP seven or TP eight – have a look at the customer services guide.


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Yes, it's an android. It doesn't have an automatic recorder on it. I've installed an app but have yet to test it.

 

I am supposed to be receiving a call within 48 hrs, that was ordered by 02 this morning (it could be 2 weeks with Christmas!). The department is at Future Comms but separate from customer services. They are supposed to be adjudicators beholden to Ofcom.....nothing I hear from this company holds any credence....but I'll have to give them a chance. I will definitely record it!!

 

As I told you, earlier, there is already a contradiction between 02 and FC about the length of 'contract'.

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In that case, if they are going to call you you should have your call recorder installed and you should know how to use it. This means practising.

 

Then when they call you, you should keep the conversation very calm and nonthreatening and try to lead them gently through what they promised so that they basically repeat or confirm the promises that were made – even if they then make excuses as to why it hasn't happened or how it will eventually happen.

 

As per our customer services guide, if you manage to get this kind of recording then you should store it safely – in at least two different places – and also make notes of it.

 

I would then follow up by sending them a recorded delivery letter confirming the conversation – but without referring to any call recording.

 

Then come back here


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Bank Fodder, you have been so helpful, thank you!

I am going to follow all your advice and see what I can get out of them. Already I feel more empowered, having more information, rather than earlier when I was panicking out of ignorance.

Have a wonderful Christmas and I'll be back once I have more to share.

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If you have an android phone then it's a snap. If you have an iPhone – then get an android phone.

.......

 

If you've got an iPhone you can also try a TP seven or TP eight – have a look at the customer services guide.

 

Still the (unwarranted?) hate for iPhones?

people should use the OS they prefer.

 

Why not accept that (for most service providers, that allow native conference calling), an app like “TapeACall” (or its alternative competitors) allows easy & high quality call recording on the iPhone.

 

any reason the customer service guide still says that you can’t use a recording app on the iPhone?

I keep pointing out why this is incorrect but it seems to fall on deaf ears ..... and BF keeps saying that iPhones can’t use a recording app, when (for most networks) they clearly can.

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... an app like “TapeACall” (or its alternative competitors) allows easy & high quality call recording on the iPhone.

...

... when (for most networks) they clearly can.

 

That's jolly good then.


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They sent me a copy of the contract that I supposedly 'signed' whilst on the phone - I swear I never saw that at the time! I only signed once, electronically, agreeing to the DD between myself and 02, yet there are no less than FOUR of my identical signature at various parts of the contract! Above one signature it says I am declaring signing as the Director of the business. I would never have agreed to that. I know the difference between a sole trader and a limited company! No phone call recording, though, yet, as I asked for in writing.

 

At the very top of the 'contract' it clearly says 02 in big letters. There is a box for 'retailer' in which they have typed Future Comms. It obviously looks like my contract is with 02, therefore how can Future Comms control it? Both 02 and FC insist my contract is binding with FC. Yet I pay 02?!

 

I tried to use the 14 day cooling off period to cancel but they said it doesn't apply to businesses. I argued the 3 year contract (now banned), yet, again, doesn't apply to businesses. I am not a limited company. I'm a sole trader and as far as I can see, have the same rights as a consumer? They won't listen.

 

They also supplied a summary of what I am supposed to have agreed to - unlimited calls, texts and 6GB data, SIM only, for the gross sum of £33 + VAT/pm, whereby they will refund £18 + VAT/pm FOR ONE YEAR (I never agreed to that!). After 12 months they will re-negotiate the terms, which means another 3 year contract.....it could go on for perpetuity. If I don't re-negotiate, then it will revert to the full £33+++/pm for a SIM only contract (with 02 I could have the same for £13 + VAT/pm for 12 month contract!)

 

I have installed and tested a call recorder on my android phone now.

 

Tonight I have emailed Trading Standards to ask about my rights to a cooling off period as a sole trader. Will wait for their reply.

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ok. This is very interesting that it appears that you have signed as a director because that you are not a director. You are a sole trader.

 

You say that you signed electronically. Can you tell us about that. Do you mean that you used a digital copy of your handwritten signature?


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The DD instruction form came up on my phone screen, showing my bank code, a/c, 02 etc. Just the standard form, same as any. I signed, authorising 02 to take the monthly amount, declaring I was over 18 and legally allowed to sign on 'behalf of the company' and, interestingly, for a minimum of 12 months. (On the contract part it says a minimum of 36 months). My signature was on my phone screen with my finger (like the postman with his signature screen).

 

On examining the 'signatures' they are identical. No way could I have written my name the same 4 times!! I am not technical enough to understand how that works - it was new to me. Quite a revelation! To my detriment I retrospectively conclude.

 

It all happened so fast and I was being hurried through the process. When I later read bad reviews on Trustpilot, someone else said that the other forms 'flashed up' and were gone before he read them.....I think that happened to me, which is why I was so sure I hadn't read any details of a 'contract'.

 

I know that my experience doesn't involve a huge amount of money but others who have been duped in the same way are 000's out of pocket. One firm reported that he hadn't had the refunds promised and it was meaning he couldn't pay weekly wages.

 

Had a reply from Trading Standards this morning saying I have to go through CACS first. They have read it as a consumer issue! Which validates my point that I'm a sole trader (therefore covered same as consumers) and not a ltd business. Any findings will be reported back to them.

 

I can scan the forms, without personal details, given a day or two if that'll help?

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Ok. I think we can help you. I have to give it some thought and I am away at the moment and am using a mobile phone.


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Thank you BF. I'll be happy to do that. Same here about it still being holidays. I can't stop thinking about this, so whenever I get a moment I'm researching! Really appreciate you responding. Thank you. Happy New Year!

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I now understand a little better the sequence of events which leads to the creation of a "contract" with Future Comms.

 

I gather that they buy list of contact details from somewhere or other. They then call businesses and persuade them to agree to terminate their existing mobile phone contracts and to enter into a brokered contract through Future Comm.

 

As far as I can gather, there is no opportunity to read or to consult the terms and conditions. Future Comms gets the verbal agreement of the new client and then sends some kind of app using a facility called Adobe Sign down onto the new client's mobile phone which them presents a signature space on the mobile phone screen. The new client signs with their finger. Amazingly, the signature is then applied in at least four places to various documents which the new client may or may not have seen – I'm not too sure yet – but which do not contain the terms and conditions although they do refer to a web page containing the terms and conditions. Of course it's entirely impractical for the new client to have interrupted the process and to have looked through the terms and conditions and to read them and to have understood them. On the information I have, I think that it is likely that the new client is signed up without having been given an opportunity to look at the terms and conditions. Also, on the information that I have, the new client is not aware that their digital signature will be captured and then replicated.

 

Why does the potential client agreed to give up their existing mobile phone contract? Well firstly it seems that Future Comms undertakes to repay the new client their termination fees which can be quite substantial depending on the amount of time left on the original contract. I understand also that there are various rebates which are promised but this is to be some confusion as to whether these are promised throughout the life of the contract or during only the first 12 months of the 36 month contract.

Whatever the case, in the documentation that I have seen, the refund of the termination fee and also the payment of rebates doesn't appear to be described or even mentioned and it almost seems as if it is simply a verbal undertaking – not that that is any less binding – but it becomes a little bit more difficult to establish.

 

Also it seems that the timescale for payment of the termination fee and of any rebates is unclear. If one looks at the Future Comms contract there seems to be quite strict deadlines and windows and it seems that you are required to invoice the company for your rebate at certain periods during the contract and that it may be that you only have a 14 day window to provide an invoice for the rebate after which you lose your right to the rebate. If this is correct then it is really quite extraordinary.

 

Looking at Trust Pilot, there are certainly a lot of very favourable reviews. In fact I would go as far as to say that there are a lot of effusive reviews. However, about 30% of the reviews are extremely poor and they all seem to be complaining about the same thing which is basically the problem of getting your promised money out of future comms.

 

That's my rough view of the situation so far.

 

Things that I don't like include –

replicated signature

lack of opportunity to read and understand terms and conditions

vagueness over repayment and dates of termination fees and rebates

apparently very stringent timescales for claiming rebates

substantial number of very unhappy people who have posted up on Trustpilot, Google and elswhere – broadly tending to complain about one or two issues in common.

 

If anyone would like to clarify or correct any of the points in my understanding above then these do so.

 

I notice that future comms are pretty active in responding to some of the reviews on trust pilot and if they would like to make some comments here then of course they would be very welcome.


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By the way I have been asked to explain a little bit about the various contractual relationships within this agreement.

 

So far as I can gather, your deal with Future Comms is simply to allow them to conduct the termination of your contract with the existing supplier and then to organise the introduction to your new supplier which seems normally to be O2.

 

Your principal contract is with O2 and they are the airtime providers. They are responsible for the quality of the service et cetera. Because Future Comms obviously get some kind of commission from O2 for introducing you, they then share some of that commission with you – apparently in the first year – and after that they attempt to renegotiate further commitments from you in respect of O2 – presumably for which they get further commission.

 

I would say that the contract with Future Comms is an ancillary contract but it is certainly not a contract which represents the fundamental purpose or benefit to the customer of the agreement.

 

If you have any complaints about the quality of service – or about the way that you are being treated by Future Comms then I would advise that people should involve O2 as closely as they can. I would suggest this because I expect that O2 wants a trouble-free life and doesn't want to hear about all the problems that people might be experiencing with Future Comms. Future comms are probably anxious that you don't trouble the airtime provider because part of their setup is probably geared up to take some of the flak and if problems and complaints are made directly to O2 then eventually O2 becomes unhappy with Future Comms and eventually they may be less likely to use them as a commission-earning introducer.

 

Therefore if you are seriously unhappy with Future Comms the best way to stir it up is to go to O2. However, people who have problems with future comms such as not getting their money in time or not knowing where they stand should certainly come here for advice and I would urge those unhappy customers to take a very robust approach to Future Comms which means being very quick to issue a small claims action in the County Court.

 

This is the way to ensure an improvement in quality in these kinds of service providers.


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Thank you, that clarifies a lot!

 

I still don't understand why I couldn't exercise my 14 day 'cooling off' period, 3 days in, when 02 offers it to everyone. In fact, 02 didn't seem to know FC don't offer it.

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Thank you, that clarifies a lot!

 

I still don't understand why I couldn't exercise my 14 day 'cooling off' period, 3 days in, when 02 offers it to everyone. In fact, 02 didn't seem to know FC don't offer it.

 

Been quiet on this for a while. But not ignoring it. Complained to O2 at least 5 times now and it finally got attention. O2 contacted FC about not paying cashbacks or early termination fee. FC called me promising to have it paid on 1st Feb, plus 1 months free bill, plus fee to be paid in March.

 

Guess what? Nothing! I have it in writing (email) and have refused to conduct any more phone calls. I queried the contract (in writing) with FC to both them and O2. No replies!

 

My contract is clearly with O2 yet they dispute that and say it's with FC (albeit some sort of ancillary one). Therefore have to abide by their rules. I've asked for clarification about the length of contract dispute (FC say 36 months, O2 have it as 24 months). Each say the other is wrong!

 

I think my only way now is through the courts since neither are doing anything. As the sums are quite low (it's the principle), I think I can wait until the end of March (and see if my fee is paid), then go after them. Unless, of course, they do pay up without prompting!!

 

Another customer I'm in touch with has had the same problems (his much longer, a year or so and several small claims actions that he won every time). He has now been paid but is still going to break the contract by simply not paying them any more, hoping they'll sue him which means it'll be a local court for him (that's his choice, not mine, though). He says their late/non payments are grounds for breach of contract. Can it be as simple as that???

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