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    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
    • UKDomains that's a great shout, I'll open a support ticket on LBC & hopefully they can provide that information.   I've just spent 2 hours in branch, it turns out the fraud dept. never received the proof of entitlement that the branch scanned & emailed to 2 separate email addresses given. That has led to the 3 chargeback amounts, & once again the girl on the other end of the phone had "no idea" about the £685.16, & said "it must be a calculation" well that's good & vague. I have the name of the person in branch I've been dealing with (who has been great btw, & has suffered through this this with me).   Also, by sheer coincidence, she was dealing with the very same rude woman in the fraud dept. who refused to give me her name the other day, but did provide it to the lady in Branch. So now I have that in full, & her employee ID.    I did query with the woman in branch, why TSB aren't backing a customer who has proven beyond any doubt that the transaction was legitimate. Her response? "I got the strong impression when I called the Fraud  dept. on Monday, that we've already reversed the funds to Monzo Bank, this is why they want you to pay the money back into your account."   Well how stupid is that, based on what can only have been a verbal claim by Monzo's customer, this has led to TSB saying "here you go".  & then asking me to kindly underwrite their own stupidity.   I have also just received this by email:   Hi Gavin   Thank you for your note and for contacting me about the difficulties you’ve encountered with TSB.     I have passed your note on to my Head of Customer Service and asked her to ensure that either she, or one of her team, contact you as soon as possible.     Thank you once again for contacting me.     Kind regards     Debbie    Debbie Crosbie CEO, TSB         
  • 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
        • Like
      • 0 replies

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 signed up to this contract around about Jan 2018 - I didn't have a buy out fee from my original provider as I was nearly at the end of my time with Three ( luckily) . 

 

I set up a Direct Debit and noticed quite quickly that the bills were always slightly higher than what was agreed, but only slightly so didn't take much notice as I thought it would be hotspot wifi etc.  And then 12 months into the contract Future Comms rang again offering an early upgrade.  We agreed and with the upgrade they offered two promotional sim cards, we have the voice recording from Future Comms and the promotional sim cards and the new contract was going to cost us £165.00 + VAT with a pay back of £58 a month - and the promotional sims were included in the deal and it would cost an extra £9 a month.  An extra £9 was checked, checked and double checked by us on the call recording and it was confirmed it would only be an extra £9 a month.   This is when it all started to go wrong. 

 

We received the sim cards and bunged them in a drawer and have never used them.   You don't ever receive a copy of your bill, so its kinda pot luck what the DD is going to be.  The last DD I let go out of the bank was for over £400 and I didn't have £400.  We called Future Comms and questioned it and they then sent us two previous bill and our future bill.  The next bill we were due to pay after the £400 bill was for almost £1000.  They hadn't capped the 50gb and in one day we'd managed to rack up £400+ in charges and to this day we've no idea why.  They're saying that we went over the allotted 50gb .  I also noticed on this bill that  the 2 free promotional sim cards were being charged at £99 a month each.  When we questioned Future Comms they said that although it said it on the bill,. it wasn't actually being charged, it was a legal thing,  although when you added it all up - we were being charged????   Future Comms were frquently lying to be at this point to get me off the phone.  

 

The monthly payback payments have been hit and miss.  Up until the upgrade they were as regular as clockwork, when we stopped paying they stopped (quite rightly) and now they're paying £35 a month now I'm in a payment plan.   No idea why its decreased as the payments are still the same.  My bills are still sky high.  

 

We've phoned them countless times since, raised a complaint through their official complaint process with no reasonable answer.  Emails go unanswered.

 

I'm now in a payment plan with O2 because I can't afford the bills.  I'm actually paying less on that than by bills are?!  O2 have been amazing and have promised not to cut us off - as they're aware its a business phone.  

 

Future Comms have finally agreed they've overcharging me and agreed to pay me £470.  They even took my business bank details to pay the money - which to date, I've not received.  They keep changing the goalposts and have since said because I'm in a payment plan they can't pay me back the money.  I refuted this as nonsense as the money is rightfully O2's ( not even mine! ) so have asked them to pay it directly to O2 which they've also said no to.  Apparently now, the terms and conditions I've signed state this.  I've asked them to single out the term that states that if I can't pay the bill and enter into a repayment plan, any money Future Comms owe me will be with held until the payment plan is clear.  They're now ignoring me.

 

I've also been told that I'm not allowed to phone them anymore, as I've upset Faye too much because I used the word "crap" and accuse them of fraudulent activity.    Although I do still phone them, I've emailed Faye and she's not replied.  And that was at the end of last week.  As I'm such an unreasonable customer and our relationship has broken down I've asked them to release me from this contract which they've also refused.

 

This may be a bit jumbled but so much has happened that its hard to remember what happened when.  I now want to take legal action.   

 

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Hi thanks for your post.

Please will you monitor with straight for a fuller response today or maybe tomorrow. I'm afraid I'm away at the moment.

one thing that puzzles me is that you seem to be saying with you or paying future comms directly. as far as I understand the usual arrangements people normally pay their money directly to O2.

I will probably have to ask you to clarify some issues.

 

 


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Thats my fault - the DD is set up with Telfonica Ltd, which is O2.   FC never explained we'd be paying O2 directly -but we are paying O2 not FC.   

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Okay, you have said that the figure seems to be going up and down – but you seem to be fairly clear that they owe you at least £470. Is this correct?

I understand that they are now saying that they cannot pay you this because you are a in an instalment plan with O2 – but they won't tell you where in the contract it says that they are entitled to do this.

I'm extremely sceptical of this because I've looked through their contract albeit briefly and I haven't noticed any kind of relationship between Future comms and O2 that would allow this kind of behaviour. I don't see that Future comms occupies a guardianship role over money that might be owed to 02.

I'm afraid – like everyone else – you are going to be obliged to take legal action against them and that means beginning a small claim in the County Court. It's very easy. It's risk-free – almost. The only problem one concerned with is that if you eventually win – which I'm sure you will, whether it is easy to enforce judgements against future comms. They seem to be behaving with impunity and I wonder if in some way they feel that they can't be touched even in the event of a judgement and bailiffs or even High Court enforcement officers visiting them.

The only other thing to add is that I believe that you are operating as a small business and this means that there is a risk that if you sue Future comms and it goes to a hearing then you will have to visit their local county court to attend the hearing and this could be onerous for you – although on the basis that you win you will also be able to claim your reasonable costs and travel. We would try to help you present circumstances to the court in order to encourage them to transfer the hearing to your local court that one can't be certain that this will work – so this is something you need to be ready for.

I think it's a shocking situation. The – as far as I can tell – hundreds of similar stories that are appearing on trust pilot and elsewhere about Future comms is quite extraordinary and I feel very sorry for the decent small business people who find that their bank balances, the telephone services – and generally speaking their small businesses are at risk. £470 may not sound much but frankly I think it's quite substantial sum – not to mention the stress and disappointment associated with it.

There is a threshold of £600 – and if you were able to bring an action for £600 or more, then you could begin enforcement proceedings by using the High Court enforcement system. These people have very serious teeth and also it's extremely expensive – not for you – but for future comms. If Future comms were to receive a visit from the High Court Enforcement Officers then I'm quite sure that they would pay up immediately or else face losing computer equipment et cetera and they would also be faced with a bill of as much as £2000 simply to pay for the collection. This is a serious weapon. Unfortunately nobody has come to this forum yet with that kind of debt being owned by Future comms.

Can you confirm that the figure is £470 and is it going up every month or what?


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