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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
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      • 0 replies
cabbiejim

Future Comms - yet another one

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I am another victim of Future Comms false promises and their refusal to pay what they owe and I'm sick to the back teeth of them and their tactics.

 

i took out a mobile broadband account with them in February 2017 as they offered me much more data for little more than i was paying with Three.  I also upgraded my 2 mobile phone accounts in June 2017.  

 

By September i had not received a single monthly discount payment and was paying considerably more to O2 than the agreed sums I'd signed up for.  I took this up with them last September and spoke to a very sympathetic sounding young lady who promised to forward the complaint to their finance department.  I got an Email from Julian thanking me for my patience and station the matter will be resolved, but not saying how or when.  i replied that i was not happy with the tone of this but got no reply. 

 

Several phone calls later i managed to get a monthly payment on the phone account on 20 November and this has been paid since, but no payment for the broadband account.  i was told that my complaint was with finance and they will resolve this but could not be done straight away and could take up to 3 months as they wore still working through the problem.

 

We are now in March,  loads of phone calls, same story, spoken to Megan twice, Zoe, Martin 3 times, Liam and Sarah among others.  Same story, no one calls me back, no senior managers available, still no monthly payment or back payment for the arrears.  I am owed 12 monthly payments of £35 and 4 x £20.  I was assured that i would start to get the discount either in March or April but believe they have no intention of paying back what they owe.

 

I intend to issue final notice for discount to be applied and all monies owed to be paid by 20 April or I will start legal recovery through the courts.  Am I entitled to claim interest on the accrued amount and compensation for all the phone calls made and time spent trying to resolve this? Can someone guide me through this process?

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Welcome to the forum. If you haven't already read some of the other threads about problems with Future comms then please do so. I'm sure that you already realise that you are not on your own – but you will see the kind of advice that we have been offering to the other victims.

In the end we are very likely to advise you to issue a letter of claim and then to sue them for the money they owe you. Once you get going you should do this very quickly and not get involved in any more promises or any more excuses or discussions.

You ask if you are able to add interest to your claim and the answer is yes. You can claim 8% annual interest – simple – which is not too bad given today's bank rate.

I notice that you have been spending a lot of time dealing with them on the telephone. However, I can't  imagine that you have recorded any phone calls. Please read our customer services guide and implement the advice there. This is very important.

Also, what evidence/paperwork have you got to support the fact that you are contractually entitled to the payments which they have promised you.

Is your future comms account a business account? Or an individual consumer account? I imagine that it is the former – almost all of the future comms contracts are. Unfortunately this will mean that if you do issue your claim and if they do put in a defence (very unlikely) and there is a hearing (even more unlikely) then it is likely that you will be obliged to travel to their home court because the rule is that where businesses sue each other, hearings are held at the court of the defendant. This gives them a bit of advantage of you in terms of convenience/inconvenience – although if you win – which is almost inevitable – then you will be able to recover your reasonable costs of travel as well as your court fees.

One thing I notice is that their debt to you is already at £500. As far as I can see this is unusually high for future comms victims. What is interesting about this is that you are getting very close to the £600 threshold after which, instead of having your judgement enforced by county court bailiffs – which is a rather limp wristed enforcement process, you can have your judgement over £600 transferred up to the High Court and enforced by the High Court Enforcement Officers. These people have lots of teeth and also they are very expensive but  you will not be required to pay in advance. They will recover their fees – of about £2000 – directly from the unsuccessful defendant. This adds an extra barb if you do decide to sue them and you obtaining a judgement.

How long will it take before the amount owed goes to £600? When did you start your contract and how much longer is it meant to continue?


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Thanks for your reply, I have 1 year 11 months to run on the broadband account  and 2 years 3 months left on contract on the mobile contract.  i have a fixed price on the contracts I signed and O2 statements showing what I'm paying.  These are business accounts.  I will call them tomorrow to discuss the outstanding amounts and record the conversation.  As things currently stand, i am owed £500 before interest and will be over the threshold in 3 months, assuming they don't start paying

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ok. Come back here after your conversation and let us know about anything else you find out and also about what evidence you have recorded.

Also you can mull over the question as to whether you think you would like to proceed straight away or whether you would rather wait a couple more months and then bring an action for a sum over £600.

Your timescale would be to issue a letter of claim giving them 14 days full stop at the end of that 14 days as it would have to be £600 or pretty close. You will then issue the claim for the sum outstanding.  if they admitted the claim or fail to defend then you could apply for a judgement immediately and has it enforced as soon as the judgement was granted. Of course if they defended the claimsend that would sort things out and you might find you'll be waiting for another 6 months or so before you had a hearing and a judgement.

of course it is entirely possible but before then they would have paid you out. There are a number of different scenarios and we can discuss them over the next few days. it's up to you how quickly you want to move on this. you could issue a letter of claim immediately if you wanted.

please read up what I have posted it elsewhere about sending what effectively is a recurring letter of claim. it's not something that is known of but I don't see why it shouldn't satisfy the pre-action protocol particularly given the circumstances and the business model that these people seem to be using.

 


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I phoned them today and spoke to Brooke, using the car's hands free while recording the conversation using the taxi's dash cam audio.  she confirmed the contracts and the amounts owed both monthly and £500 outstanding. Under questioning, she accepted that Future Comms was in breach of contract when I put it to her that they have failed to either ensure supply of services at the agreed price or refunded any overpayment claimed by O2.

 

She could not explain why the matter had not been resolved in the 6 months since the complaint had been made, nor could she confirm what action was being taken or if or when I would be contacted by someone in a position to resolve the matter.  She assured me it would be passed for someone to deal with it and my monthly payments were on file to start being paid.

 

I advised i will be sending a final notice demanding both current payment and refund of outstanding monies by 20 April and requested the name of the person to send this to.  At first she refused to give me a name, saying that many people with deal these things and she didn't know who is responsible as a lot of people work there and i can find this online.  I challenged this by saying " are you telling me you don't know who your manager or directors are, or where to direct a written complaint?"  she then gave me a name of Amy.

 

So here we are.  I have a recorded confirmation of how much they owe me, and evidence of their evasiveness.  I have copies of the contracts and feel ready to send them a final demand threatening legal action if they don't pay.  if they start to pay the monthly amount as promised on 20 April but don't refund the £500, i can take the small claims court route.  However if they do nothing it may pay to hold fire for 2 more months so I can go through the high court.  I think that I need to send the letter now to get things going though.

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Okay, well I think as has already been pointed out, you have two clear choices. You can either issue a letter before action straightaway and then sue for the outstanding balance of £500 +8% interest or you can wait until you can sue for a figure of £600 – including interest I believe – and then on the basis that you obtain a judgement you can put it in for enforcement by HCEO.

 

Let us know what you want to do. But of course if you issue the letter of claim then on the expiry of day 14 – day 15 you must issue the claim. Don't imagine that you can bluff your way. We have already had one person who sent a letter before claim 14 days ago and there was no response from Future comms and she issued the claim yesterday.

You should understand that enforcement by county court bailiffs can be unsatisfactory as they don't seem to have many powers. However in respect of a business might be better than an individual. The High Court Enforcement Officers on the other hand are able to go in and start removing equipment immediately and only agreed to leave if they receive payment in a satisfactory form – and generally speaking a company cheque is not satisfactory. However, if I understand your situation correctly, the debt is increasing at £20 per month and that would mean that it would take another three months before you had achieved the £600 threshold.

One thing that occurs to me is whether multiple judgements against the same defendant can be pooled so that an enforcement for £600 can occur. I have no idea whether this is possible and I would suggest that you might want to phone HCEO and put that question to them. I'm sure they will be very helpful. Maybe you could come back here and let us know. I'm going to flag this question up to somebody who is a member of this forum and he may well know the answer.

One thing that worries me very much about this company is whether, being met with multiple demands for money which they have failed to pay – and there seems to be a lot of people in your situation – whether they have the resources to meet these commitments or whether it will push them over the edge. If this is a possibility then it could be prudent to sue for your outstanding sum as quickly as possible.

Of course it will be interesting to know how they deal with O2 works. Clearly they get a finders fee/commission. The question I have is whether this finders fee is paid in a single lump sum or whether it is paid in monthly instalments for as long as the client – meaning you – continues to pay the O2 subscription.

If O2 have paid them an initial lump sum finders fee then I suppose there is a possibility that the money has been used and is no longer available to pay you. If on the other hand O2 pays them a regular monthly amount then of course there is no point in them dissolving the company because then they would not have access to the money either.

How can we find out the answer to this question?


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You can use the County Court Bailiffs to enforce judgments under £600.


We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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Yes, but a bit toothless compared to High Court enforcement


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Just to update, I've now received the same information from two High Court enforcement organisations that it is not possible to combine County Court judgements. The feeling is that this is simply a question of the system not being able to deal with it rather than any firm sensible rule.

So you are left with the choice of suing immediately – which might be the best thing – but then relying on County Court enforcement, or waiting until you can produce a claim whose value is over £600 – although that will obviously take a couple of more months.


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Thanks for the info.  I decided to go for it now as you don't know what their financial state is.  I have posted and emailed this letter of intended action giving them 14 days to respond. I have removed my personal and account details from this thread.  Now we wait....

 

Account Management

Future Communications Specialists Ltd

Unit 4 The Mill

Weevil Lane

Clarence Marina

Gosport

Hants

PO12 1AX

 

3 April 2019

 

WITHOUT PREJUDICE

Notice of Intended Claim

 

Dear Sir or Madam,

I entered into agreements with your company for a business mobile broadband account on 26/1/2018 and for an upgrade of 2 business mobile phone accounts on 26/6/2018.  At the times of purchase, I was advised by your representative that the contract would include:

1. The services supplied by O2 at the agreed prices, or:

2. A monthly discount refund to the value of the difference of the amount charged by O2 and the amount agreed with Future Comms where the former is greater, to commence 3 months after the commencement of the account.

3.  A payment of any outstanding discount between the start of the account and the monthly discount refunds.

 

The above term(s) constitute an essential part of the contract and to date this has not been fulfilled.

 

I started raising both these concerns with you in September 2018 and was assured you were aware of the problems a number of accounts had suffered, the monthly payments would commence, and my file would be passed to an account manager to look into a back payment for the arrears. I was emailed by Julian Smith on 25 September who confirmed this.

 

After 2 months of chasing up the payments, I finally started to receive the monthly discounts on my phone account but nothing on the broadband account and no sign of the back payments. 

 

Month after month, I keep chasing this up and get told that it is being sorted out and you will call me back.  I have repeatedly spoken to Zoe, Megan, Liam, Martin and Sarah yet nothing has been done in 6 months. 

 

Looking at the reviews on Trustpilot, Google, Yell and Money Market, this is not an isolated incident with many customers deeply unhappy with the poor service they are getting.   I left my own review for you to reply saying that you wanted the opportunity to put things right and that a manager would call me.  Unfortunately, I never got that call.

 

I am requesting your company to honour the contract within 14 days from the date of this letter. Otherwise I will have no option but to:

  1. Commence legal proceedings against you through the courts, in respect of the outstanding refund payments and any costs incurred
  2. Make written complaints to O2, Ofcom and Hampshire Trading Standards in respect to your conduct and failure to address this complaint

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the Practice Direction.

 

Therefore, I would request the commencement of the agreed monthly discounts of £35 in relation to the business mobile broadband account as well as a refund of any costs incurred arising from your breach which include:

  1. The first twelve months payments of £35 a month in relation to the discount on the business mobile broadband account
  2. The first four months payments of £20 a month in relation to the discount on the business mobile accounts
  3. Interest on unpaid refunds at 8%
  4. Satisfactory compensation for the time and phone calls spent attempting to resolve this situation, and the anxiety caused

I look forward to your response within the 14 day deadline in order to resolve this matter amicably.

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Sorry, but have you already sent this letter?


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Posted (edited)

It's gone out today.  I used the template from the CAB 

Edited by cabbiejim
Type error

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Well I'm very sorry that as a letter of claim, it's really not satisfactory. If you come here then you should take our advice. I'm afraid that the CAB are well-intentioned and that's probably the best I can say about them. Certainly in respect of bringing small claims and the recovery of debts.

You should not be sending a without prejudice letter – certainly not as a letter of claim and generally speaking never. It's complete nonsense. What you are effectively saying is that your letter of claim cannot be shown to the court. This is absolutely wrong. You would want to show it to court if there was any discussion as to whether or not you had abided by the pre-action protocol.

Secondly, you haven't mentioned the sum total of what you are asking for is a condition for not bringing an action.

Thirdly, you have demanded some satisfactory compensation (your words) that you haven't at all said their compensation is so in fact you are still in a negotiating position and yet you are now threatening a legal action.

Fourthly, I don't notice anywhere in the letter that you have cited any reference number or account number. Maybe have redacted these but did you actually include it?


Once again, if you come here and ask for advice – which we give willingly and for free – then I suggest that you generally wait for us to respond and to give you the advice and also that you check with us before you take actions.

Your reference to phone calls, anxiety, et cetera in your letter are the first you have made in this thread so we haven't managed to talk about this at all.

Although I am quite clear in my mind that you can recover a reimbursement of money expended on phone calls and possibly for some of your time, you will only be able to recover the sums if those losses are properly detailed and evidenced. Quite frankly I think that they amount to say little I don't think it's worth troubling yourself.

I think you should send another letter – a much shorter one with a lot less narrative. Do not use without prejudice in your letters. It's nonsense.

Simply make it clear that for the avoidance of doubt, you are now proposing to sue them 14 days if you do not receive £XXX which is the money that they owe you at the date of writing. That you will see them without any further notice and that you will include a claim for interest and the costs of bringing the action.

 

I suggest that you draft the letter this evening and let us see it.

Also, you say that your letter which you have reproduced above comes from the CAB.  Please could you post up a link to it so I can see it.
Thank you


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Ok can pull the letter and re-draft.  Email has gone though.  No need to be quite so forceful though.  I am trying to take your advice and doing my best. However I'm in the middle of a 12 hour shift and it will have to keep til tomorrow.

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Quote

Dear Sir/Mdm

Recurring Letter of claim – reference number XXXX



As you are fully aware, there has been a considerable period of time which has passed and I have not receive the payments due to me under the above reference number.
Furthermore we had numerous discussions over the telephone which resulted in promises of payment made by you and which you felt to keep.

This seems to be your business model and looking through the Internet I can see that this seems to be your normal practice in respect of a great number of your client sift not all of them.

I'm writing to tell you that unless I have the money that you owe me – £XXX – within 14 days that I shall begin proceedings in the County Court to recover the sum plus interest plus my court costs and without any further notice.

Furthermore, please note that this is a recurring letter of claim. In view of the fact that this seems to be a normal business practice I am informing you that I will not accept any further delays in the future. This means that this letter amounts to notice that if any further payment is delayed by even a single day that I will immediately bring a county court action in respect of that fail payment as well – without any further notice and I will include a figure for interest plus the costs of bringing the action.



Yours faithfully

 

I propose that you write the above letter with the figures filled in and the reference number.

If you want to make any amendments then please let us know what they are before you send the letter.

I don't see any point in claiming for trouble and inconvenience – the figures will be so small that it's hardly worth the candle and in any event, judges are very loath to give judgement for these kinds of claims unless the matter is extremely well evidenced.

You need to bring a claim which is 100% a winner and not have any weak areas. The basis of what you have told us above, your chances of success are much better than 95%.

As I have explained to you, the only difficulty will be that if you have to attend a hearing then because you are a business against a business then it is likely that you will have to attend court in their local area. However, we can try to deal with that when the directions questionnaire arrives – assuming that it goes that far.

If you're happy to send this letter then make sure that you are going to stand by your word. That means that on day 15 you issue the papers. Don't bluff. You have lost enough credibility by hanging around for well over one year and not being paid out. It's about time you put a stop to this loss of control. This is your chance.

Notice that this is a recurring letter of claim. Please read in other Future comms threads but I have said about a recurring letter of claim. This is not something that has been tried before – but I don't see anything wrong with it. Effectively this letter of claim is exactly as it says – any further delays and you put the papers in. Don't hang around. Don't let them take control again.

If you think you are prepared to do that then modify the letter and post up here what you are prepared to do. But don't bluff.

Spend the next few days looking around this forum for information on how to bring a county court claim. Go to the County Court money claim online website and register for a free account and start filling in all the details so that you are ready to click it off on day 15. You can save your work as you go.

If you have any questions then come back here and ask us.

The claim itself will be very short. I propose

Quote

By a contract dated XXX date reference number XXX, the defendants agreed to arrange a mobile phone service for the claimant. The defendant agreed to pay the claimant's termination fee to his previous mobile phone supplier of £XX and also to pay to the claimant a sum of £XX every month for the duration of the three-year contract.

The defendant has failed to make any payments.

The claimant claims £XXX plus interest pursuant to section 69 of the County Courts act 1984.

You will have to do a little bit of a calculation

let us know if you're happy with this and if you have any questions.

Send a letter of claim off by first class post and you can send an email copy as well.


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Thanks for the advice that has been done, copied your letter exactly, except for putting in my accounts and the amount of £500.00.  Sent email and ready to post.  Woud you advise sending recorded delivery or just first class?

Going forward whar about complaints to Ofcom, O2 and Hampshire trading standards? Also is there any way I can legally terminate the contract with O2 as it was sold to me under false pretences ,services are not being provided at the agreed amount on my acceptance of contract and the toxic relationship that now exixts as a result.

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These are very good questions to ask.

In terms of Ofcom and trading standards, I don't think that it is worth doing anything until you get a judgement. If you get a judgement then we will discuss how you can best use it to maximum effect by making sure that various authorities see it.

One of the problems is – and I have to say I have got no idea why – is that it seems that there are hundreds of people who are suffering exactly the same problems from Future comms and yet so far only one person to my knowledge has issued proceedings – and that was last Monday – and you are only the second person to have sent a letter of claim.

I'm astonished that people were running small businesses and so to whom presumably the kind of sums which are being paid are important, are prepared to tolerate this treatment.

If you went into a restaurant and were asked to pay for the meal without getting it, I can imagine that you would object. I can imagine that in almost any other scenario if you were treated in this way you would object – yet when it comes to future comms, all of you seem to be fair to sit back and just take it. It's extraordinary. I don't understand the culture.

 

The authorities such as Ofcom and trading standards will only move themselves if sufficient number of people report the same problem. That is clearly not happening here. Everybody's happy to have a good whinge on Google or have a good whinge on trust pilot or have a whinge on Facebook – but that's as far as it goes. Whinge whinge whinge. I can imagine that future comms factor this into their business plan.

In terms of O2 you will also make an impact by sending them a copy of the judgement – but once again, OT want a quiet life and they simply want their money and so they won't take any action either unless a number of people all clutching judgements complaint to them and as I've explained above, that doesn't really look as if it's going to happen, does it?

In terms of getting out of the contract with O2, I've been thinking about this and frankly I'm not sure that there is a way out. If there was some way to link the contract with O2 with Future comms then I would be recommending that when you sue future comms, that you named O2 as a second defendant. I'll keep on giving this some thought. If I can see an argument then you will certainly know about it pretty quickly. If O2 found themselves in court alongside future comms then I think the whole house of cards would come down pretty quickly.

Future comms have got a pretty good thing going here. They've organised the contract between you and O2. Your responsibility now is to pay O2. You have no further responsibilities to future comms. If you wanted you could now announce to future comms that you are walking away from them and you are having nothing further to do with them – but so what? They're not expecting anything from you. The only remaining responsibility is for them to pay you out every month. They don't expect anything in return because you've now signed up with another partner – O2 – which is mainly independent from Future comms and also which is hugely powerful and if you decide to welch out on the deal with them, they will simply squash you and make your life extremely difficult – especially as a small business owner who needs is good credit rating, who needs as telephone service, and who needs his telephone number which no doubt lots of loyal clients all have registered into their own telephone memories and which is also probably printed on your business cards, your business stationery, and even on a sticker on the back of a taxi.

Even if it is possible to disentangle yourself from O2 I can imagine it would be very difficult. But the best thing would be to involve them in the litigation. I'm not sure if that's possible but I am pretty sure that there is no other way.


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First class is fine.

 

By the way, I'm still waiting for a link to the letter which was written by CAB.  I've talked to Citizens Advice about their letters before and on one or two occasions they have actually amended them.

Citizens Advice are very decent but they are pretty limited in some areas. As it happens we have a lot of Citizens Advice workers who follow this forum or visit this forum and we even understand that from time to time they diplomatically suggest to people who come to them for help to come to this forum for a more aggressive approach. You might say "forceful".


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I think that the majority of their customers are small businesses and one man bands like myself.  it is often difficult to find time while working to deal with this and before you know it, months have passed while you've paid over the odds.  it seems that for many, its a lot of effort and a relatively small amount - hundreds rather than thousands - and would rather that Future Comms simply pay up.   That's why its probably taken me so long to deal with it.

 

I have looked at my contract.  It's a O2 contract application.  However it refers to Future Comms as the retailer on it.  On the broadband contract  the discounted amount is shown on the application form.  in the case of the mobile accounts, the full amount is shown on the application form but the discounts are shown on the confirmation letters from Future Comms in both cases.  it would suggest that O2 have opened the account with the approval of Future Comms as an intermediary.  Does this make any difference and can I list both as defendants on this basis?

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Well I was having a quick look at the law of agency – which is something I have no experience of at all. It seemed to me to be rather complex but I fairly quickly formed the view that the majority of the law of agency is about the relationship between the principal and the agent – and not very much about the third party – meaning you.

I've seen one Future comms contract and it seems to be fairly clear that the contract between you and O2 is separate to any arrangement with Future comms. If there is anything that you can see which suggests or indicates that O2 are aware of the discount or that is part of the deal with them then that would be interesting.

However my understanding is that your agreement with O2 is to pay them the full price and then you get a rebate of some sort from Future comms in consideration of having allowed them to arrange the contract on your behalf. On that basis I really can't see very much of a cause of action against O2.

Of course you could name them in an action simply to cause trouble – and you would probably lose that part – but it might stir things up a bit. But I don't really think it would work and you might be saddled with one or two court costs – although they would be very small – but I can imagine that you don't really want to be a crusader for all the rest of the Future comms clients. I can imagine that you really just want to get your money back and have nothing more to do with them.

How much longer does your contract last?


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This is certainly the case with the mobile accounts.  However, the broadband application stated the discounted rate of £35 ex vat on it.  This may have been an error on Future Comms part.  

 

When I got my first bill from O2 it was nearly double this and has been since.  When I immediately contacted Future Comms they claimed that there had been a mix up, that tarrif was no longer available but it would be honoured by way of monthly discount, which I have never received.

 

Having got this on the contract, with no letter of change to this from any party, is this a legally binding contract between all three parties and is there a breach of contract here?

 

I'll send a pic of the form with my personal details obsured

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You say that you were originally promised a regular discount of £70? Is this correct?

You contacted Future comms and they agreed to honour that figure. How did you contact them? Have you got any evidence?


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No i didnt say that.  I said that I was promised this broadband account at £35 plus vat - £40.

The contract shows this.  However I was charged nearly double by O2.  This amount is what I should paying and this is what the £35 per month discount I am claiming for on this action relates to.  

 

I have the contract and this discount amount being discussed in a recorded phone conversation.

 

It is 12 months non payment of this and 4 missed discount payments of £20 per month that make up the £500 I am claiming from them

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Sorry but I'm struggling to understand.

You made a broadband contract for £35. Who was this contract with?

O2 charged you double.

You had a telephone call where it was confirmed that you would receive the original contractual price. Who was this phone call with?


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That was the basis of my agreement  on one of my accounts with 02 arranged with Future Comms the mobile broadband account in the thread above, opened in Feb 2017 which you have been helping me with to recover the unpaid monthly discounts of £35 per month. (O2 charge me £75 as opposed to the  £40 agreed with Future Comms)

 

I was just referring to the fact that on this contract the discounted rate was put on rather than the usual full O2 amount which is usually the normal practice.

 

What I was trying to ask was that as this contract was submitted to O2 with the lower amount showing, does this implicate them in the case as well?

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