Future Comms Issues - joseph Stickler

[KennyGy2k]

Hi All i just want to start filling in a claim form for the amount of 3.5k Future comms plus the 10% interest accrued during this time from future comms Can i get help on how to do this as the company has totally almost runied my charity and want to claim back everything owed to myself

 

Thank you in advance

[BankFodder]

We are very happy to help you – but you should understand that claims for compensation for damage caused by a breach of contract are not necessarily straightforward. You should probably consider that in general you are unlikely to succeed in that aspect of your claim that once we understand more than we can give you a better opinion.

I think you need to lay out your story in a bullet pointed chronology and also tell us how you calculate the value of your losses.

 

[KennyGy2k]

ok to cut the gist of it I was harassed into takinga  contract with future comms from a sales advisor from july to august and finally decided under pressure to take them on mid august as the sales agent advised me that in order for my 5 xbusiness telephony lines to be sent that I would need to sign a docusign document.

 

I signed the docusign on the 16th of august last year or near that date at 4pm in the afternoon. After being told by Tom who was the agent at the time that I wont get the equipment dispatched untill they recieved the docusign.

 

I got a letter from Peac finance the finance company with an invoice for the first month a week later saying they woud start taking money out of my account to which I said no, I havent recieved any equipment yet. To themsaying according to my signature I recieved the equipment on the 16th of august which I said that isnt true.

 

I called future comms to argue why they sent confirmation that I have recived any equipment when I hevent to them blaiming the finance company saying they must have got it wrong and how they will pay the bills till I recieve the equipment.

 

I got 1 out of the 5 lines in september the following month I called and said im getting billed for 5 lines when I only recieved one line when are the rest coming ? by this time I already hired staff to man these telephone lines to help with my charities demands.

 

I constantly was back and forth with Peac finance and because of my pre existing health condition having Sickle Cell Disease the stress of everthing started affecting my health and my charity especially staff so I had to pay staff out of my own personal bank account to keep staff happy to the tune of 3K even though the business lines still were not delivered.

 

This issue went on for months. with no delivery of lines, and excuses plus still being invoiced from Peac Finance to them understanding and saying even though we will still keep sending invoices we wont chase you for payment.

 

In the meantime I missed work appointments fundraising events due to non delivery of equipment due to constant missed appointment dates, which meant my chariy has lost close to about 5k on top last year alone due to spending most my time and declining health chasing future comms.

 

I was advised also that seperately my mobile phone lines x 2 were insured and under warranty. So called seprately to sort issues with my phones to no avail so had to take it to my local shop costing me a total of £500 on top.

 

While this has been happening I have refused to pay them any money in relating to my mobile phone lines untill i am reimbursed what is owed because we simply cant afford to take these losses and keep paying them for inadequate customer service and the losses we continue to incure as a charity

 

 

But Im just trying to claim my costs of 3.5k back for all costs incurred

[BankFodder]

Thanks for this. I asked you to present this in a bullet pointed chronology but you have given us what is substantially a narrative which makes it rather more difficult to follow.

I understand that future comms persuaded you to take a contract for landline services. Is that correct?

I understand that you agreed to take five landlines and some associated equipment but that the equipment necessary to use the lines was never provided.
I understand that despite the non-provision of the equipment, payments were about to be taken from your account that you prevent this happening.

I understand also that so far you have not paid anything on the basis that you have not received anything that your position is that you have suffered damage as a reliance on the contract and what you are trying to recover is compensation for the harm you have suffered. Is this correct?

[KennyGy2k]

1 minute ago, BankFodder said:

Thanks for this. I asked you to present this in a bullet pointed chronology and this is substantially a narrative which makes it rather more difficult to follow.

I understand that future comms persuaded you to take a contract for landline services. Is that correct?

I understand that you agreed to take five landlines and some associated equipment but that the equipment necessary to use the lines was never provided.
I understand that despite the non-provision of the equipment, payments were about to be taken from your account that you prevent this happening.

I understand also that so far you have not paid anything on the basis that you have not received anything that your position is that you have suffered damage as a reliance on the contract and what you are trying to recover is compensation for the harm you have suffered. Is this correct?

Apologies for that.

 

I have only recieved 1 out of the 5 business lines. Despite being billed for 5.  Even though Future comms manipulated me in signing a document which I thought was supposed to confirm that the equipment was going to be dispatched even though they sent confirmation to the finance company that they sent confirmation of delivery of the 5 telephony lines on the same day I signed the Edocument on in august,

 

I didnt get the first business line untill mid september and the despite future comms repeatedly telling them they have delivered all my equipment so it was a case of my word and my manipulated signature against future comms. Which then along with the money Ive had to pay to staff for non delivery of the lines decided not to pay them any money.

 

They were telling me one story and the fnance company another. To the point I had to set up a completely new telephony system with another company 6 months later.

 

I called the finance company and future comms during this time to cancell the contract due to breach in terms and conditions and non delivery and the fact I have never used any of the equipment. Yet no resolution almost a year later in regards to my business telephony systems lines with them

[BankFodder]

So can we take it that your initial contract for the five lines has now been cancelled? And in which case there is no further obligation between the two of you and that this is simply a matter of trying to be compensated for the breach?

[KennyGy2k]

No I am  still being billed for the 5 lines despite me stating that 5 were never delivered only one which was not what I signed the contract for. However the Finance company say they are not chasing me for the payments and are still in contact with furture comms in regards to a resolution.

 

Constant back and forth between the two so left them to it for my own sanity and health reasons after trying to resolve for 4 months.

 

Now we are here and still no resolution and Future comms still fobbing me off

[BankFodder]

Well who is billing you?

Secondly, you have now gone to another provider. What is the name of that provider and are they providing the service and equipment and a higher cost than the original agreement or is it cheaper?

[KennyGy2k]

Peac Finance who paid Future comms in advance for aquiring the contract

[BankFodder]

Well I'm sorry I don't understand. You say the finance company is billing you and your on the other hand you have told us that they say they are not chasing you for payment.

[KennyGy2k]

Just now, BankFodder said:

Well I'm sorry I don't understand. You say the finance company is billing you and your on the other hand you have told us that they say they are not chasing you for payment.

 

Let me be clear they are sending me invoices for the bills, while they continue to investigate the matter with future comms.

But have instructed that despite these invoices while the investigation is underway they are not chasing me.

They were unsure if this will affect my companys credit raring or not. Which is the worse part of this saga

[BankFodder]

Who is the contract with? With the finance company all with future comms?

[BankFodder]

You say that you did have a single line from them. Is this still in use? Have you had any use for it? Was there any equipment supplied in respect of that?

 

[KennyGy2k]

I signed a contract with Future comms, but they then used a finance company to secure the equipment for the telephony lines.

right now Im being invoiced by the finance company.

 

They Delivered one Telephony line that I have never used because I signed for 5. No calls have been made from the system ever.

 

As you can see its alot to understand, which is the reason why I had to concentrate on my charity and my health as it was all seeing both go downhill with the lack of progress and the charity losing money each month because of the complete shambles from both companies.

 

Till this day the finance company have been instructed by future comms that all the equipment has been delivered which has never been the case which in my mind is consumer fraud

[BankFodder]

Well future comms are not the people who would actually have sent you the equipment. Who is it who would have sent you the equipment? Have you asked Future comms for any evidence that the equipment was dispatched to you and secondly that it was actually delivered?

[KennyGy2k]

That is incorrect. Future comms Are the equipment supplier and the Finance company finance the contract. So basically future comms get paid in advance for shipping the equipment to customers. Thats how it works.

 

So Future comms already got paid. That is why the finance company is trying to investigate so they can claim their money back before cancelling the contract if you catch my drift.

 

This is where I am stuck in the middle of this mess between the two organisations

[BankFodder]

So have you had any proof of dispatch or delivery?

Also you haven't addressed the question as to the cost of the future comms contract compared with the contract in which you find yourself now

[KennyGy2k]

The only evidence that they keep quoting is the fact the Edocument I signed in august which stated that delivery for all equipment was on that day. The same day I signed the forms that I faxed to them via an internet Cafe.

 

Even thoug I signed an electronic Signature  in mid september when the one business phone was delivered to my address via parcel force that they seemed to not have on record. Despite Future Comms having telephone recordings of the agent Tom Acknowleging that no equipment has not been delivered and him arranging alternate delivery days for september, Admitting he had the four additional lines in the future comms office.

[BankFodder]

Sorry but I'm getting confused again. You signed an E document in August. Was that a document which acknowledged delivery? Then one month later in September you signed again for the receipt of a business phone?

Sorry but it's getting muddled again.

You say that there are telephone recordings. Do you have these recordings? Or are they with Future comms? Have you attempted to obtain the recordings?

[KennyGy2k]

I can understand why you are confused.

 

Right I had a huge pile of paperwork from future comms to fill out in august. Due to pressure from the sales agent he said if I didnt sign, date  and fax the documents through including an document i thoight was for dispatching all the equipment nothing would be delivered.

 

The key here is I was in a rush to attend to my sick patients so rushed to an internet cafe to fax future comms all the documents signed and dated for august.

 

In my haste I signed a document for delivery under huge pressure from Tom who stated it was for the dispatch of the material. Only for me to be manipulated into signing and sending that I recieved the equipment on the date that I signed the document.

 

Can you see how I was duped?  I then sent screen shots to both future comms and the finance company to state that this does not make sense I signed and sent the faxes on the same day and at 4pm in the afternoon. Which is the same day Future comms  stated that they delivered the equipment.

 

In reality I didnt get the first and only business line untill mid september which I signed via my finger from parcel force.

 

I hope im being clear here.

 

In short the date that I signed and faxed all the documents to Future comms was the same day they sent to the finance company that the equipment was delivered in august.

[BankFodder]

So you were persuaded to sign for receipt of equipment the same day that you entered into the contract and at least two or three weeks before you actually receive the equipment?

Well if you have all this evidence to hand then it seems to me to be very persuasive. Have you sent a subject access request to future comms? I suggest that you do so immediately. It may produce nothing either because the disclosure could be incomplete or not complied with but it is worth doing anyway.

Secondly, so far I don't see any way that you can claim for £3500. I don't see that you have actually lost this and unlike many future comms customers, they haven't promised you this money by way of rebates or termination fees. You are trying to claim because you consider that you have suffered damage as a result of their breach. This may be true – but as I have already tried to point out, recovering this kind of compensation is very difficult in contract. Generally speaking your damages are limited to recovering your actual losses caused by the breach. I expect the you have heard of the phrase "consequential loss" and I'm afraid that this is what you are looking at here.

I have asked you more than once now to tell us about the difference in the cost of what was promised by future comms and the cost of what you eventually bought from a different supplier. You haven't addressed this.



 

[KennyGy2k]

Quote

So you were persuaded to sign for receipt of equipment the same day that you entered into the contract and at least two or three weeks before you actually receive the equipment?

 

This is partly Correct, Before I recieved 1 out of 5 of the equipment I signed for. Despite Future Comms Being Adament that all the equipment has been delivered.

 

I also agree with you in regards to the termination fees which is a separate issue with me as they finally paid them after 4  months after 3 UK  then made it affect my credit file for both my mobile lines taken with them.

 

However I also disagree with the fact that is money is not recoverable. As contracted I was under the impression I would hey 5 X business lines which I then prepared staff to man which didnt arrive. This then had a financial implication on my business and they stated that they would pay all financial costs to my business due to non delivery of equipment.

They did this prior for missing two fundraising event days at £250 per day previously.

I dont see how this is anyhow different.

 

The issue with my mobiles was that damage my two mobiles were damaged to the point that making, recieving and reading text messages was extremely difficult and hazardous to my health. I was told the phones were insured, and under warranty and that they would fix both.  After months of chasing them,with no satisfaction  I had to fix both phones out of my pokcet despite reassureances that they would do it.

 

Now in regards to alternative lines I am now paying £30 per month for my business lines compared to the £179 per month i am currently being invoiced depite not recieving the items in full.

 

There surely must be a way to recover the money incurred  on my charities behalf, the patients put at risk while also terminating the contract right? because im not paying them a penny moving further forward.
 

[BankFodder]

So do I gather that the service you are receiving now is cheaper than the one the you originally contracted for with Future comms?

[KennyGy2k]

Way cheaper and better.

Just need to now stop these invoices  and claim what is owed as they admitted liability for the costs to the loss of my charity before. Whats the difference now?

[BankFodder]

Okay. If you had been paying more on the new contract then on the original, you would have been entitled to claim the difference because the objective of damages in contract is to place you into the same position as you would have been at the contract not have been breached.

Because your new contract is better value, that rules out any claim for the difference.

Although I can see that you have been put to trouble and inconvenience and probably some financial loss as a result of their contractual breach, I'm really not at all sure that these are recoverable heads of damage.

Certainly a big problem at the moment is to get them to accept that the contract is terminated by their breach and they seem unwilling to do this. If you are able, for instance, to discover that your credit file have been affected then we could sue them on that basis. However, in order to sue on a contract you need generally to be able to show that you have suffered a pecuniary loss which is a direct result of the breach and which was foreseeable. I'm not sure that you have satisfied that requirement here.

You need to be careful about beginning an action – or even threatening an action against this company – or against anyone else – without a good basis for doing so. The risk is that you could lose the action and end up paying at least some level of court fee and also the other sides losses which although you would be bringing a small claim, would simply add to your sense of anger and humiliation.

I would point out already the on the Facebook group, the owner of future comms has already responded to in a sneering fashion and although I think that this says a lot about the kind of person he is, you can be sure that if you bring an action which he decides to defend and if he wins, it will simply increase the sense of satisfaction and your sense of frustration.

Pretty well every victim of future comms who I have come across so far has a good basis for action and I would unhesitatingly recommend that they bring their claim. I'm afraid that your circumstances are rather unusual and so far I don't see any solid basis for bringing a small claim without having to accept, in my view, an unacceptable level of risk.

The real issue here is how to stop them coming after you on a contract which because of the non-delivery of any of the equipment, has clearly been breached and terminated by them. Once again, you haven't suffered any pecuniary loss here and so crazy as it seems, you don't really have a basis for bringing a contract action because what you're really after is a declaration from the court that the contract is at an end.

If you could show some damage such as a damaged credit file then this would give you a right of action. If they sued you for the money then we could mount an excellent defence which would effectively put them in a position where they would have to accept that you hadn't received the equipment and that the contract was terminated. I'm afraid that you are rather in a limbo. It's very unsatisfactory but I'm not sure what else to say in your case.