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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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T-Mobile Woes...


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I've been with T-Mobile since about 2002, and have been a good customer since then, paid on time etc.

 

My bills have been going to my old address, and all I get at my new address are reminders to pay. This month I received a threat of line suspension letter if I don't pay and overdue amount of £111! My bills are rarely over £40 per month, and I don't even get the bloody bills themselves!!! :-x Apparently this is made up of WAP usage, which I don't use, but has apparently come from my phone. So someone has used it. Of course, they won't remove the charges.

 

In addition to this, in the last three months, the following have occured:

1) I have asked for my priceplan to be changed twice. This has never happened, and they funnily enough don't have any record of me calling to ask this.

2) I asked for my billing date to be changed for my new job. Never happened.

3) I don't get any signal at home. The phone does make an attractive paperweight however.

4) They charge me £3 to not use DD. Grrrr....

 

Anyway, I want out of my contract, because I've had enough of their nonsense, but they won't cancel it until I pay the £111, which I dispute.

 

What can I do to get rid of these t055ers??

 

Thanks

 

Alex

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please be careful here, this is very similar to the circumstances I had with vodafone. I made similar arguments to them at them time - shouldn't pay, won't pay etc.

 

no then - on the basis that mobile phone companies are not regulated by Consumer Credit Act, they can put a 'default' on your credit file with hardly any hurdles. If I could have my time again, I would have just paid it - sticks in my throat I know but the impact of the vodafone default has cost me ten times the original disputed amount not to mention time/energy etc.

 

my advice, if you can pay it - do.

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well there's the issue -

 

if you don't pay, they will default you.

If you can show that they have charged you for a service you haven't used e.g. WAP then maybe? but none of the others appear to be a breach of contract, crap customer service yes, breach of contract no!

 

it's a big risk though, removal of defaults without recourse to the Consumer Credit Act is a big ask.

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OK. Here is what I sent them:

 

I was a happy customer of T-Mobile, and now I wish to leave because you have not kept to your side of the contract, for the following reasons:

1) I have asked for my priceplan to be changed twice to the Relax 25 PricePlan, at the time of renewing my contract and after. This has not happened, and you have no record of me requesting this. This has impacted on me financially.

2) I asked for my billing date to be changed, so my payments were due at the end of the month, in October. Not done.

3) I have no signal at my current property.

4) I was never informed to reinstate my Direct Debit or lose my half-price line rental. Again this has impacted me financially.

5) A recent bill for over £111 included mobile internet. I categorically state that I do NOT use mobile internet.

I have been a good customer of T-Mobile for over four years, yet the company are unwilling to resolve these issues with me.

 

And now their wonderful reply...

 

Hello spinningfish

Thanks for your email about leaving T-Mobile.

I'm sorry to hear that you want to leave because you feel that we haven't actioned your requests.

I realise that this is important to you and I'm pleased you've emailed me to help.

I tried to call you about this today but you were unavailable.

You advised in your email that you asked to change your price plan to Relax 25, at the time of renewing your contract and after.

I've checked your account today, and I can see that you did ask for your price plan to be changed to Relax 25 on 27 July 2006. However, as we'd just changed your bill cycle date, you were advised that we were unable to change your price plan at the same time.

You were advised to call us again to change your price plan, however there are no notes on you account to advise that you called us again to do this. This is why your price plan hasn't been changed.

You mentioned in your email that you have no signal at your current property, I can see from checking your account that you've recently moved address.

I've checked the post code in this area and it does show that indoor coverage in this area is poor. However outdoor coverage is good, so you'll still be able to use your phone outdoors.

I'm sorry if you weren't advised that you'd need to reinstate your direct debit to receive your employee discount. I can understand that the upset this has caused.

When your employee discount was added, you should have been advised that you always need to have a direct debit set up to receive this discount, as this is part of the terms and conditions of employee call .

We did send you a text message to let you know that that you had 28 days to set up your direct debit, otherwise you'd loose your discount.

Because you didn't call us to set up your direct debit, your discount was removed from your account.

You also advised that you received a bill for £111 (including VAT), this bill included mobile internet charges which you advised you don't use.

I've checked this with our technical team for you today and they've confirmed that you phone has accessed these websites. You phones IMEI number has shown up as accessing these sites, and therefore it's impossible for you to have been charged for something you haven't used.

If these sites haven't been accessed by you, then it may be possible that someone else has used your phone to access this information at your expense.

As you account is in collections at the moment, I'm afraid that I'm unable to process a cancellation on your account.

You'll need to pay your outstanding balance of £169.68 (including VAT), before this can be processed.

As you account hasn't come to an end yet, we'll have to charge you a cancellation fee. This is currently £299.55 (VAT exempt).

This fee goes down the closer you are to the end of your contract, which ends on 4 August 2007. This is because you upgraded on 4 August 2006.

You might want to think about changing your plan for the remainder of your contract. You'll be able to discuss changing your plan with our customer services team. You can call them on 150 from your phone or 0845 412 5000 from a landline (charged at local rates. They're open every day from 7am to 10pm.

If you do decide you still want to leave us you'll need to give us one month's notice. And you'll need to call us to arrange this. You can contact us on the numbers mentioned above, but you'll need to speak to our retention team. They're available every day from 8.30am to 10pm.

 

I realise that this wasn't the answer you were hoping for but I hope I've explained things clearly for you today.

 

Thanks for taking the time to email me, I hope you'll reconsider closing your account.

If you have any further questions, don't hesitate to reply to this email or you may find the help you need by visiting http://www.t-mobile.co.uk/Dispatcher?menuid=faqPage .

Kind regards

 

Lindsay

Customer Services

T-Mobile

I actually moved address in May, if anyone was wondering.

Is there anything I can do to rid myself of these incompetant wretches?

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Thanks for taking the time to email me, I hope you'll reconsider closing your account.

If you have any further questions, don't hesitate to reply to this email or you may find the help you need by visiting http://www.t-mobile.co.uk/Dispatcher?menuid=faqPage .

Kind regards

 

Lindsay

Customer Services

T-Mobile

 

I actually moved address in May, if anyone was wondering.

 

Is there anything I can do to rid myself of these incompetant wretches?

 

as I said in a previous post, this is certainly frustrating but if the bulk of what they have said in thier e-mail is true, then you are merely the victim of unsympathetic customer service and not a berach of contract.

 

If the contract you signed (or agreed to online or over the phone)contained the exit costs (or a formula to calculate these costs) described then I'm afraid they are correct - and they know this and that is why they can afford to give you a £200 (or similar) handset at the start because you will pay far more than that through the life of the contract.

 

sorry to be the bearer of bad news, but in answer to the quoted question above is "yes - pay them"

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Hello again

 

You may have read my other post regarding T-Mobile! Basically, I want to end my contract with them, for one reason or another, and I am happy to pay the early termination fee, as I'm sick to death of them. :mad:

 

I do owe them money from last month's bill, and as such, my line is suspended from making outgoing calls. Because of this, T-Mobile say they cannot cancel my contract, and that I will need to pay both this month and last month's bill before I can give them one month's notice to cancel my contract. In addition to this, I cannot change my priceplan, for that last month, for the same reason. :-|

 

I've looked through their T&C's and cannot find this stipulation anywhere. I've attached the link here: http://www.t-mobile.co.uk/pdf/files/tcs_cvn_52_servupg.pdf

 

Can you guys give me your verdict on how to proceed? :confused:

 

Thanks

 

Mr Fish

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I would of thought they can go ahead and cancel your contract and apply the necessary charge including your outstanding billing amount - i would call and TELL them whats happening, dont accept them saying "Oh but we cant"

 

O2 tried a similar thing with me - i just told them, im cancelling my contract (sent an email so there was written proof) here's my 30 days notice, forward the required amount and i'll pay it!

-----------------------------------------------------------------------

UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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I've been having ongoing issues with T-Mobile, and desperately want to cancel my contract with them. However, I owe them money from last months bill, as I disputed some of the charges on etc, so my account is with there 'collections' department.

 

The long and the short of it is that T-Mobile refuse to cancel my contract until I have settled up the outstanding balance, yet their T&C's make no mention of this stipulation, which I keep telling them. They now say they agree with me re the T&C's, but their system won't allow me to cancel the contract.

 

Just to point out that I AM within my 12 month contract period, and am more than happy to pay the early termination fee.

 

What can I do??

 

I have posted a copy of the relevant section of the the T&C's below:

 

"7 When the Agreement ends

(a) You can cancel this agreement by notifying Customer Services you want

to terminate. If you are cancelling because we have increased a charge

above RPI or we have changed these conditions and that change is of

material detriment to you (see 2©(iii)), your agreement will terminate

immediately. We will refund credit on your prepaid account if before the

increase occurs you have written to us requesting that we disconnect

your SIM, and refund credit on your prepaid account at the time of

disconnection. Otherwise, whether you are within the minimum agreement

period or outside it, your agreement will terminate one calendar month

from receipt of that notice. You will be responsible for all charges including

the monthly charges up to and including the date of termination. You are

free to restore your agreement throughout the notice period"

Also, please find the link to the full T&C's here, in case I have missed anything!!

 

Thanks!!

 

Mr Fish

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I've been having ongoing issues with T-Mobile, and desperately want to cancel my contract with them. However, I owe them money from last months bill, as I disputed some of the charges on etc, so my account is with there 'collections' department.

 

The long and the short of it is that T-Mobile refuse to cancel my contract until I have settled up the outstanding balance, yet their T&C's make no mention of this stipulation, which I keep telling them. They now say they agree with me re the T&C's, but their system won't allow me to cancel the contract.

 

Just to point out that I AM within my 12 month contract period, and am more than happy to pay the early termination fee.

 

What can I do??

 

I have posted a copy of the relevant section of the the T&C's below:

 

"7 When the Agreement ends

(a) You can cancel this agreement by notifying Customer Services you want

to terminate. If you are cancelling because we have increased a charge

above RPI or we have changed these conditions and that change is of

material detriment to you (see 2©(iii)), your agreement will terminate

immediately. We will refund credit on your prepaid account if before the

increase occurs you have written to us requesting that we disconnect

your SIM, and refund credit on your prepaid account at the time of

disconnection. Otherwise, whether you are within the minimum agreement

period or outside it, your agreement will terminate one calendar month

from receipt of that notice. You will be responsible for all charges including

the monthly charges up to and including the date of termination. You are

free to restore your agreement throughout the notice period"

Also, please find the link to the full T&C's here, in case I have missed anything!!

 

On a seperate note

 

Can Mobile telephone contract's Early Termination Fees be considered Penalty Charging?

 

Are there any laws that govern how much one of these organisations can charge, and what their fees are based upon?

 

Thanks

 

Monsieur Poisson :cool:

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It's when the computer takes over, common sense is lost! It may be easier to pay the price asked, along with the penalty termination fee (which will probably be the line rental only until the contract ends). Once this is processed, you'll receive a cheque in payment of any refund, as long as it is over £2.40. (Although this might have changed). If you delay, it won't really effect your termination, as it will still terminate on the same anniversary.

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the charges you are disputing, please elaborate

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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The charges I am disputing are mobile internet GPRS charges which have apparently come from my phone. I never use mobile internet, so the only conclusion I can reach is that someone else used my phone without my permission.

 

I actually, at this stage, don't have the money to pay the bill, as I am about to start a new job and won't get paid until the end of January.

 

Essentially, what I am really cross about is that it is one rule for them, and another for customers. How are they allowed to breach their own T&Cs, and I can't do a bloomin' thing!?!

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Firstly, the phone can make GPRS data calls for a variety of reasons, and by default trhis is enabled (SMS texts use GPRS too). As to there being one rule etc, etc, well - it's their ball and ball-park, and whilst they are not known for perfect customer relations, it is hardly their fault you can't pay them. Whilst this doesn't help you, you need to ensure some form of payment is made to prevent your credit record being trashed for the next 6 years - and that's something you agreed to. Pay as You Go is a better alternative than contract when finances are tight.

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Basically, I want to terminate the agreement due to sloppy customer services, and will pay a final bill once they have cancelled the contract and sent it out.

 

My contention with them is that they won't cancel the contract as per their own T&C's.

 

I've got no problem in paying what I owe, once they cancel the contract and send me the final bill including their early termination fee etc.

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I doubt they will cancel a contract then send a bill, they'd be stupid to do so. You normally send them what they say it will cost to conclude the contract early, and in receipt of this consideration, they end the contract and your liabilitry. It's also worth endsuring as part of the negotiations, that as you are unsatisfied with their services you also want to ensure that once all requested monies are paid, no adverse data has been (or will) be supplied to third parties, and that all processing of your personal information will cease on termination.

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  • 2 months later...

Hello there

 

I ended my contract with Wee-Mobile, sorry T-Mobile, back in December, and they have issued me with a final bill, which I am disputing due to the charges they added to my account over the last four years.

 

I plan to issue them with a SAR, but obviously want them to cease processing my data in a negative way, ie to CRA's etc, whilst this dispute is being dealt with.

 

How would I go about doing this?

 

Thankyou, oh wise ones!! ;)

 

Mr Fish

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