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Discussion thread- Mobile contracts, defending claims, unfair terms

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From Vodaphone T & C's

https://kenstechtips.com/index.php/cancel/how-to-cancel-vodafone-contract#Vodafone_Standard_Cancellation

Early termination fee
If you cancel a contract for your plan before your agreement ends, you’ll need to pay an early termination fee. The fee is based on your monthly plan charge and the remaining time left on your contact, and can be calculated as follows:
Monthly line rental charge (exc. VAT) X remaining contract (months) X 98%

 

This is not on default, so it is likely that discounts  will not apply.

 

What offcom actually say

https://www.ofcom.org.uk/__data/assets/pdf_file/0012/40620/guidance.pdf

 

61. Some CPs, rather than setting a MCP, may levy a charge on termination of the contract which is dependent on the period for which the contract has been running. In such a case a consumer would be required to pay a sum upon termination of a contract if they terminated before, for example, 12 months, but not if they terminated later.

 

Ignore DX?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sooo, I post a section from the Vodafone T and Cs showing the charges are legitimate, then I post the FCA Conc saying the same thing, which means this defence wont work, and you just delete them ???

 

Then I get a warning from BF.

 

Merry Christmas to all.

 

I will leave you to your insanity.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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There is no "offcom sentence" which says what you think. Please lnk to your source.

 

Pretty please


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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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BF says I have to be less nasty, so:

 

Dear DX, Its not the same thing , dont bother now mate, get that turkey in, but, when you have a minute,

I am only asking where in the Guidance the authority you quote comes from.

 

I will have a look in the links you have given. Have a lovely day.

 

Your pal

Peter

 

Hi lovely.

 

Those seem to be discontinued claims ? One is asking for info under the CCA for some reason ??

 

Anyway I showed you what Ofcom say(quite rightly you deleted it, what was I thinking)

 

Really anyone who has a mobile will know that on termination you have to pay the rest of the unused contract 

Not that I am saying you dont have one, I will bet you have lots of them.

 

Your colleague

Peter x

 

 

 

I have tried searching your quote on five different browsers and the FCA's own search tool DX, and nothing, accept the posts you made on here, many results  I have to say, weren't as successful as the ones you posted. Dont worry I deleted them from my history, we must follow your example, of course.

 

Any way there is a letter in the post complaining to google, they are obviously in league with the Company in question.

 

 

All your list shows is that Creditors do disco?

 

I dont really want to search this forum for failed cases, the OP can do that himself. But actions or defences should be based, even to a small level, on recognisable law. Dont you think BF.

 

Excepting DX of course.

 

Creditors do disco, LOL


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi DX

 

Lets see if we can come to the bottom of  our disagreement.

 

If you take on contract, then default it, you are liable for all sums that are due under it. As I said anyone who has ever terminated a mobile contract knows this to be true. Also it is 101 contract law.

 

When a debt is assigned under the LOPA, the assignee  becomes the creditor.  The ICO say that the new creditor is responsible for the recording  of ongoing data on the account.

 

Do you disagree with any of the above?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I think money is everything, when it comes to debt. But yes, whatever, it works, so that is good.

 

But lets not kid ourselves it has anything to do with the legal pleadings, in most caes. Companies arn't going to keep throwing good money after bad, and even if they got a CCJ, its cold comfort for them at £5 a month.

is there anything there you disagree with here

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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To help with discussion. ofcom document on unfair terms.

 

https://www.ofcom.org.uk/__data/assets/pdf_file/0012/40620/guidance.pdf


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1 hour ago, unclebulgaria67 said:

Escaped, i have moved some posts from other users, so your thread is purely about this one court claim and the debt in question.  If you have another debt, then please start a new thread in the debt section, if no claim yet issued. 

 

For those who wish to continue a general discussion on mobile contracts, DCA claims and possible unfair contract terms defences, here is a link to a new thread.

 

https://www.consumeractiongroup.co.uk/topic/419506-discussion-thread-mobile-contracts-defending-claims-unfair-terms/

And its not at all due to the fact tha tDX doesn't want to answer my quite reasonable questions, nooo course not.

 

I really hope that other member of the team look at what is happening here. There are some. who I know understand the law in this area.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Im viewing DB what questions would you like answered ?

 

Andy


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Well, yes, but Dx has deleted them, lets see if there is a new one for you.

 

Are you aware that the argument shown in these pleadings is incorrect. In that a hire company is perfectly justified in claiming all sums under a contract, if one of the parties defaults and the agreement ids terminated.

 

So that

This means that if a mobile phone contract is terminated on default, the creditor will and can legally demand full payment.

 

No moving uncomfortable post now :)


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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No posts have been deleted  or hidden in this thread.

 

In  response to above since when did 02 become a hire company ?  This is not HP....its a service contract run a monthly use and payment basis...which accepted parties are committed to a stated term of contract...be it 12 /18/ 24 .

 

If for what reason the agreement defaults...and you are still in the contract term...you are stating that ETF (Early Termination Fees) are acceptable and justified and legal ?

If they are legal and justified......how come none of the Original Mobile Creditors Litigate ?  but assign the debt off to a DCA to  chance their arm ?

 

I dont suppose it would be anything connected to having to quantify and justify a punitive charge that costs them nothing when a service is not being provided ?


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Yes there have, this one for instance, made yesterday.

 

Vodafone

On Vodafone, you’ll need to pay an early termination fee that is 81.7% of the remaining payments over the minimum term of your contract. This is based on Vodafone giving a 2% discount and not charging VAT on the early termination fee (e.g. £100 / 1.2 * 0.98 = £81.67).

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

HP is not Hire Andy, it is Hire purchase, a completely different thing altogether, see definition 8, 9 CCA 74.Phone Companies hire airtime Andy?? Even if you dont understand that, there is still a contract, is there not?

What I say now is fact Andy, I do not mean to insult, really there should be someone there to approve the posts. I did not know your legal  knowledge was so poor.

I am saying that once a bilateral contract is broken, ie a breach of a fundamental term(like payment
) the creditor is entitled to terminate the contract, then he is fully entitled in law, to recover all promised payments due to be paid under the contract. As I have said this is fundamental law.

In the Main the debts are assigned because that way the debt provide some return, they are not in the business of chasing debts.

Punitive damages apply to contractual breaches Andy, you know this surely, Bank charges and all that? no?

See above on Vodaphone T and Cs, they charge a similar sum on none default termination, well with a 2% discount.

Now come on CAG, this isn't the mine of knowledgeable information I have come to know and love, what is going on here?

Edited by Dodgeball

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Posts may have been moved to another thread....like the ones above because you are hijacking someones else's thread.... but no posts have been hidden or deleted.

 

Thread moved to Telecoms Mobile / Fixed.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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None of your posts past, present or in the future were or will be deleted by me.

that's the job or actions of admin or others.....

i'd not be here if i did that willy nilly.

 

2nd..t&c can be challenged..else CAG would not exist re whst caused us..bank charges reclaiming..

nor would anyone have ever gotten any ppi back.

 

 


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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