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Thanks BankFodder. Happy to speak to them.
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so her phone is working again now and she happy with that.. they didn't put her on a rolling contract, when she changed the services provided (removed sky) it would trigger a new fixed terms contract of XX mts of which they would have advised her of that upon the phone at the time. thats what all providers do. as this wasnt too long ago, fire off an SAR and as well as the all info line in our sar template add a line wanting call recording with reps between date ss to date xx lets make sure they did/didn't tell her .
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Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
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forget CAB you might as well phone bt back as thats about as useless as they'll be. you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means. what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new (in this case) 24mts contract. she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the remaining months of the contract. the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do. rock and a hard place if she wants to keep the same mobile number. Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it. as for the £800 bill simply ignore them. they'll sell the debt on and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.
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jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
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