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    • I asked you to megre them to one file  they are all in your last post now   dx  
    • Slick, the insurers involved are Swinton and I took the policy after doing a comparison search to see who would come in at the best price.  I would pressume that if they are aware of my notification but no claim then so would all the other companies be, an expensive lesson to learn.
    • Well I've looked through the letter – and is extremely complicated – but I have to say that it's an amazingly well laid out and well structured letter – and it scares the hell out of me! I think it would be very helpful if you could possibly distill it into a rather more brief bullet pointed chronology. Also, you refer to various clauses in their terms and conditions. Maybe you could reproduce these here. Use our quotes function as it compartmentalised its things and makes it all much more easy to follow.   But I gather that you set up a business account in your company name and they seem to have been treating it as a personal account – although I'm not too clear what difference that has made. They then suspended the account because they say that you had been abusing it and were in breach of a contractual term. You deny this By suspending – rather than closing the account, they were able to say that you owe them the entire rest of the charges until the end of the contractual term. – A very convenient approach from Vodafone. Then Vodafone made an entry on your personal credit file – even though it was a business account. They then send it out for debt collection – and eventually Lowell's sole sense. Apparently Lowell remove the default and cleaned up your personal credit file – but wouldn't it have been for Vodafone to do this? If you could layout the chronology please to begin with – and then maybe in a subsequent post you could address the questions that I have put. From the sounds it I think that you have got quite a good case for complaint although I understand that they have now paid you some level of compensation – with this made subject to any conditions such as full and final settlement et cetera? I would suggest that you send Vodafone an SAR immediately – and also one to Lowell. There free and so you might as well get them off as quickly as possible. Basically want everything – including recordings of conversations, notes, screen notes, correspondence – internal and external – and anything else – on any matter whatsoever. All data that they hold on you  
    • I'm trying to go through your story in your opening post – but it's pretty long so it will take some time.
    • If you phone an Insurers about a possible claim, they will make a record of this.  There would be an open claim event record and even if you decided to not bother continuing with the claim, the claim event would still be on your Insurance records.   The Insurers are probably correct that with this claim event record with zero being paid out, that they would charge you an extra £60 per year. The Insurers calculate risk based on all information and this claim event is seen as an indicator that the risk has increased.     Insurers from statistics believe that once one claim event has happened, there is an increased chance of there being another claim event.  You may have heard the expression, "bad luck runs in threes" or heard people saying that they have not had an accident for years and then in a short space of time they had suffered several accidents.
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Tholan

Mobile Phone Return - Affordable Mobiles. And voda contract

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I bought a phone contract at the end of november in the black friday deals.

Upon receivng it, i used it for a few days and found that there was no signal at my home or work places.

Therefore i requested a return and refund/cancellation of contract.

 

This was processed and the phone was returned within a week.

It has taken the company over a month to process my return and apparently it is not in a pristine conditon (wear, scratches) of which I am not sure about.

I cleaned the phone up and returned it in original packaging.

I am awaiting picture evidence.

 

Their T&Cs state that if it isnt pristine then a 30% fee from the phones RRP would apply.

 

My question is,

is this acceptable?

Isn't the consumer allowed to use their purchase before deciding if it is fit for purpose or meets expectations?

 

If they are allowed to charge this fee, and the damage is real, then I will happily pay it.

It just seems a bit unfair to me.

Edited by dx100uk
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who?

 

if you cancelled within 30 days because the service was not fit for purpose, then they shouldn't and cannot be charging anything under CRA short term right to cancel

 

dates please


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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They also cant charge 30%. As it isnt a figure due to any damage. its just a random fixed figure they plucked out of thin air.

 

Which company is it. Is it an actual provider, or a third party distributor.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

 

I thought that may be the case!

The company is Affordable Mobiles.

I will also add they have not cancelled my contract yet, and I am still being charged £38 per month by vodafone.

 

I bought the contract on 23rd Nov,

received it on 3rd Dec,

issued return on 6th

and was returned to them by 12th dec.

 

All i've been told so far is that it is not in "Pristine condition" therefore the 30% charge applies.

 

Having just been on the phone and received some images, there appears to be some scuff marks and very small scratches (which i dont really believe as i polished the phone and packed it and didnt notice it).

 

Their 30% is due to the fact they will sell it now on eBay and make a loss on the phone.

 

Still seems fishy, could I hit them with some laws saying this is acceptable?

or should i take the hit and pay?

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Edited by dx100uk
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so its a silly third party company. Prob ran by someone out of their spare room. Still cant charge a fixed amount like 30% and like dx said. The laws on your side. You can still cancel without penalty. SOunds like this retailer doesnt know UK law.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I have spoken with the citizens advice line and the law states that the device needs to be handed back in a resellable condition (as new) basically.

As these pictures show, the phone has damage, which i am not sure where there when i shipped it. But thats not the point.

 

They did say that a 30% arbituary fee cant be charged, that a accurate fee to repair should be charged. As both the front and back are damaged, it would come close to the 30% mark anway.

 

I have opted to just buy the handset back off them and either sell it on privately or use it without the contract that was sold with it.

 

Thanks all for your opinions and feedback.

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Of course citizens advice are not really giving you accurate information.

 

If you are returning the item simply because you have changed your mind and you are returning it within the 14 day cooling off period then yes, of course, it must be pristine resalable condition.

 

If you are returning it because there is some defect in the contract then the condition of the phone is not relevant.


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