Future Comms mobile contract - joseph Stickler

[BankFodder]

On 25/02/2019 at 15:43, Reedy17 said:

I am in the very same shoes... an idiot falling for BS--- exactly the mirror of the situation my fees are 39.60 as well signing up very beginning of December and I tried to cancel within a few days as well

the terms are a joke there is for example a reference for a point 5.3 when there is no 5.3

I was rushed as well and feel completely conned. I still can't believe I fell for it as generally I am not this type of person like at all.

And by the way, have you received any money yet? Have you sent a letter before action yet? Are you planning to do so?

Maybe would like to let others know so they can also feel that they are not the only ones.

[Reedy17]

I have just said earlier I have not got the money, and I have notified them and will proceed after the due date tomorrow to take action.
 

[BankFodder]

Good. It would be nice if you would start your own thread with "Future Comms" in the title and tell your story there. Putting Future comms in the title will help to attract the Google bots which will help to put Future comms is a bit higher in the Google rankings rent people start searching the Internet looking for help. There will be many people who haven't found TrustPilot and who have found us, who will feel very much on their own.

[BankFodder]

On 17/03/2019 at 15:15, Reedy17 said:

I am not sitting in the shadows at all... people are connecting through the TrustPilot reviews and encourage others to contact them and I am actively posting there I get reported by FC all the time for the truth

 

And there's another reason why you should post here. We won't report you to anyone for reporting the truth here. None of the stories over 13 years of consumer activity on this forum are invented or contrived.

[BankFodder]

And we haven't heard from the thread starter here so I expect that that means that no money has been received. I expect that that means that a letter of claim will be sent off first thing tomorrow.

The ball starts rolling.

[workaholic duck]

Are you telepathic????

I have been busy refining my letter, ready to send both by email and registered post tomorrow.

 

Of course no money!

[BankFodder]

I don't think I would bother to send it registered. I don't know if that's what I advised before – but simply send it first class. Send an email as well if you want

[workaholic duck]

It's called signed-for now. Worth it so they can't say they didn't receive it. I'll have proof.

[BazzaS]

First class with (free) proof of posting.

it means a trip to the Post Office, but means they can’t claim you never sent it, and that is all a court requires, if it came to court.

 

signed for proves they received it, IF they sign for it. If it doesn’t get there or they won’t sign for it, you are no better off.

 

so it depends what you want most:

what a court would require (not signed for, but proof of posting) against reassurance they've received it, but the downside of having to send it again if you don’t have that proof. 

[workaholic duck]

OK, you have a point there being who they are. I'll just get a proof of posting.

Now to refresh myself with court procedure....

[BankFodder]

Is Monday, close of business, the Big Day?

 

 

[workaholic duck]

Yes, all prepared except for the daily rate of interest. Oh, it's tempting....but realistically? I know the normal is 8%/pa but that is so little. Any advice before I get too carried away?

[BankFodder]

8% is the standard statutory rate of interest. As it happens the judges have the discretion to order less – but they never do. In the current economic climate 8% is very good. Try getting that from your bank in respect of your savings. Unfortunately it is only simple interest but still it is very good. In the past it has been 8% when the prevailing interest rate has been much higher than it has been now and in that case it's not such good value.

You must claim the interest. If you can't calculate it then simply claim interest pursuant to section 69 of the County Courts act 1984. However, better to do the calculation.

 

[BankFodder]

Presumably your contract is with the limited liability company and in that case you should make sure that the address for the claim as to their registered office

[workaholic duck]

Ah, now that is something I came across reading another thread. The address I have is Unit 4 The Mill Office, Royal Clarence Marina, Gosport, Hants, PO12 1AX. This is the address always used by them in communications to me (including the 'Welcome Pack'). I became suspicious when I checked it through the post office checker and it came up not found.

Can I change the address now I've submitted it??

This company becomes more devious by the day!

[BankFodder]

Do you mean that you have issued the claim already?  

I thought that it was close of business tomorrow

[workaholic duck]

I made the payment, with the date on the form as 1st April. Being Sunday I assumed they'd only see it tomorrow anyway. 

I also checked on the contract and the only address shown is that of O2.

Don't these things take a while anyway?

[BankFodder]

Yes but when does the letter of claim expire? If the letter of claim expires tomorrow then that would mean at close of business tomorrow. That means if you receive the payment tomorrow morning you will have wasted your claim fee.

Secondly, in respect to the address for service it would always be prudent to use the registered address. However I have searched the address you have given and it is fairly clear that there is their normal place of business. However I would suggest that you protect yourself by taking screenshots of references to them including that address. Then if they happen to say that they hadn't received your claim for any reason, you will have good evidence to show that the claim was issued to an address where they must have become aware of the claim against them.

Screenshots will include anything with their address including Facebook, their own website, Google – et cetera.

However, if your letter of claim expires tomorrow 1 April then that would mean close of business so you better start hoping that you don't receive the money in tomorrow's post. Personally it sounds to me as if you've jumped the gun

[workaholic duck]

The address I used is the one they have on the website. Slightly different in that they use Weevil Lane instead of Royal Clarence Marina. Probably why the post office didn't recognise it?

I am claiming a total of £205.88, includes the early termination fee that they promised in 'March' - still 3 months late. The rest is 2 months cashback unpaid that I have already paid to O2.

Can't remember why it shouldn't be 1st April anyway? FC told me they now pay cashbacks on 1st of month, rather than 18th (the date they changed from earlier). On my last 'promise' email they said it would be paid on 18th. Either way, they don't pay.

Let's see what happens tomorrow, then.

[workaholic duck]

Does mcol issue immediately?

[BankFodder]

We discussed earlier in this thread. It had to be first of April because the 31st fell on a Sunday and the convention is with payments that they are made on the due day or the first available business day when the due date falls on a holiday or a weekend. Tomorrow is Monday and it is the first of the month so you would be obliged to wait until the first of the month – close of business – to be able to say that they had not complied with your letter of claim.

I'm afraid that I don't know if they issue immediately but I would have expected that if the claim was filed over the weekend and dated first of April and it would be issued on 1 April

[workaholic duck]

<This letter should be considered as a recurring letter of claim with a continuing expiry date of the first day of the month if any sums outstanding are not paid by the end of the previous month.>

 

This is what I wrote on the letter of claim.

[workaholic duck]

OK, I remember now but it's too late. Next time I'll get it right. And there WILL be a next time.

I shall be most surprised if they pay in full, if at all, tomorrow. 

I must add, I thought it would give me a date to submit the claim after paying the fee. But it got automatically submitted as I paid.

Might I get penalised for it being 1 day early? Or just lose the fee?

[BankFodder]

No- you would just lose the fee.  

Anyway, at least it would fire a shot across their bows which is part of the objective

[workaholic duck]

And some practice for the future.