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Onecom/Vodafone (OneCon?) - Business > Business Sole Trader, Cancelling Mobile Phone contract within first 14 days , their refusal.


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Hello. HNY to all, posted a reddit thread, hoping to get some terminology advice to use in a Cedr/Cisas dispute service.

 

Was cold called  on the 15th December, offering me a savings on my mobile phone contract. Idea is, they pay for my early termination, throw in a bunch of value added services, make the deal a no brainer, but lock me into 36 months.

 

they advertised the service at £10 a month, but when the Discounts incentives cease at month 18, this balloons to approx £120-140 a month.  

 

The next day after i signed the docusign, i attempted to cancel the contract based on a missell - unfortunately they mentioned there is no cooling off period, and the terms and conditions make no mention of it.

 

Reading through various forums, as far as I understand, and I have checked this with Trading standards, Even though this is a business contract, I should be protected under the Consumer Credit Act because...

 

1) Its a sim only deal,

2) the contract worth is less than £25k through its term

3) i am an individual

4) they even highlighted my sole trader status on the order form - so there is no ambiguity on what sort of business i am.

5) a mobile phone contract is a form of credit (which is why credit checks are done in the first place)

6) if no cooling off period is included based on my status, this can be classed as a unfair term, or, not correctly creating the conditions for me to enter a contract in which my statutory rights are protected.

 

The specific clause, as far as I'm aware, is I should have a cooling off period - regardless of what the company thinks.

 

Before the service went live, I sent them an email asking to exercise my right under the cooling off provision within CCA. they don't recognise this and blocked the request.

 

I tried to escalate this through Vodafone, but because how their contracts are, only OneCon can actually issue and action the request (Vodafone says if Onecon said OK, they would have proceed there and then).

 

I re-escalated this and a Deadlock letter was issued, which i started a case with the Cedr/Cisas dispute service. this was done on the 22nd.  the dispute service is waiting to hear back from the company, they have till Jan 10th to respond.

 

Would you be able to provide some guidance on the terminology i need to use with my dispute with Cedr/Cisas?  Trying to get out of this contract in anyway i can.

 

Appreciate any support and advice given.

 

 

 

 

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Maybe you could tell us which company this is.

This is an age-old problem we were having particularly with a company called FutureComms which eventually was forced out of business. It's owners then went on to get involved in similar enterprises down in the Plymouth area.

 

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Please can you provide a link to their website.

 

 

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WWW.FACEBOOK.COM

Onecom phone Scammers. 142 likes. ONECOM SCAMMERS, STAY AWAY FROM THIS COMPANY total rip off

 

I don't want to say that they are the same company. I have no evidence at the moment but it is quite a coincidence that the rip-off boys, Stickler and Tribble were operating in the Plymouth/Portsmouth area and also Fareham and this company Onecom is in Fareham.
 

WWW.FACEBOOK.COM

A group for people who have been treated badly by Future Communications, Chess, Plan, O2 and are trying to get contracts cancelled and discounts that were promised, paid.

 

I would start off by doing some solid research to see if you can find out who is really behind the company. The boys aren't listed as directors of this one.

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However, I have noticed that there are at least a couple of reviews referring to somebody called Ellie Stickler. Those reviews are praising her and placing the company.

In my mind I'm quite satisfied that this is connected with Joe Stickler

 

Cold-called Gosport phone firm clients 'lost thousands of ...

 

An old picture of the two of them.

Tribble on the left and Stickler on the right.

Once again, no evidence that Tribble is involved in this new venture. No real evidence other than the name of Ellie Stickler that Joe Stickler is involved either.
No evidence really that this company is up to bad things but there are certain familiar rings

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It’s not the same, onecom are a legitimate company who offer various degrees of telecommunications to the private and public sector

 

its a proper established entity with various offices around the uk

 

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Have you checked their registered company number against what it says on their website

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apologies may I ask what relevance is this to the original request?

 

was sold a business to business contract and trying to get out of it using the protections afforded to by the CCA act 

 

not sure why you are trying to link small time scamming independents with an established company 

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I'm not trying to make a link. I'm simply trying to establish if there is a link.

I think you should make some serious research into this. It won't take a lot of time that it will help you understand your position in respect of your complaint.

 

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When I can tell you is that the registered company number on the bottom of the website to which you have linked us, is the same one at companies house – the same address.
If I search on Google and look at the Google reviews, then I find that they have a very poor Google rating and there are references to Ellie stickler – which is at least the same surname as Joseph Mark Stickler who is involved in Futurecomms which is a company which caused enormous grief to a huge number of people in broadly the same circumstances as you are describing.

Furthermore, the Google reviews of which there are 11 – are comprised of a few reviews all at about the same date – all pretty well five star. And the rest which are spread in a much more credible way are extremely poor reviews and broadly complain about exactly the same issues you are having.

I don't think it's a question of me trying to link these companies. It seems to me that you are desperately trying to bring in some separation and I'm not sure you are right.

Don't forget, according to you you've already fallen for some slick selling procedure already. Are you sure that you aren't being completely sucked in, hook, line and sinker?

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mobile phone accounts are not covered by the consumer credit act.

 

and anyway, you signed as a business, there is no cooling off period on B2B contracts sadly.

 

just like these electricity business scammers you fell for the oldest trick in the book.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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11 minutes ago, BankFodder said:

I'm not trying to make a link. I'm simply trying to establish if there is a link.

I think you should make some serious research into this. It won't take a lot of time that it will help you understand your position in respect of your complaint.

 


They are a vodaphone partner - that’s all that needs to be said regarding their legitimacy. 

 

3 minutes ago, dx100uk said:

mobile phone accounts are not covered by the consumer credit act.

 

and anyway, you signed as a business, there is no cooling off period on B2B contracts sadly.

 

just like these electricity business scammers you fell for the oldest trick in the book.

 


again, I was signed up as a sole trader.  

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Futurcomms was an O2 partner. So what?

People complained to O2 again and again and again and nobody took any notice.
People complained to trading standards – and nobody took any notice.

If you think that there is some Guardian Angel around that is going to protect you from falling for these kinds of scams – then Bless!

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Presumably you have been in business for a while. In that case you would be using a telephone number which has some goodwill which has accrued to it from various clients et cetera.
It would be a fair priority for you to want to keep that.

I think my first step would be to try and get the number transferred to a new provider so that at least the goodwill in your business was protected. I would suggest going to Giffgaff because the lease there you have the flexibility of having one-month contracts. You can cancel anytime you want and you can adjust the contract according to your needs month by month.

If you can manage that then you can be in a position where you can start to assert yourself aggressively with Onecom

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a sole trader is a business.

that removes all protections a consumer would have..

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you are right, with specific exemptions to contracts that are 

 

to business individuals or partnerships

to valued contract of 25k or less 

 

I can paste the clauses if that helps its section 16B 

 

I meet both 

 

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Whatever you do, you are going to run into conflict.

You won't be able to exit this in an elegant way. If they disagree with you then they will course conflict and there is a possibility that your telephone number could be frozen and you lose access to the service.

Begin as I have suggested, by getting a new account – a monthly one – and getting your telephone number away from the onecom service.

After that we can help you.

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just type no need to keep hitting quote, we know what we said,, make things twice as long and very diff to find your reply start on a tiny phone screen

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And incidentally, are you still on the track that you have apparently contracted with an established reputable company and that the others are simply a load of very bad people?

If you have moved away from that position then at least we are starting to make some progress.

 

And in the meantime, here is some bedtime reading for you

 

https://www.consumeractiongroup.co.uk/search/?q="future comms"&quick=1&updated_after=any&sortby=relevancy

 

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13 minutes ago, aowc02 said:

you are right, with specific exemptions to contracts that are 

 

to business individuals or partnerships

to valued contract of 25k or less 

 

I can paste the clauses if that helps its section 16B 

 

I meet both 

 

 

mobile phone contracts are not credit and not covered by the consumer credit act.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And just to reiterate, I'm not saying that this is a bad company or that they are associated with the same people – but there are some uncomfortable coincidences.

Of course we are basing everything on the information you have given us.

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If you’re a partnership or sole trader then the consumer rights act applies or rather The Supply of Goods Act and there is a 14 day cooling off period.

 

 

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But enforcing any rights is a completely different matter.

It's the same with things like the short-term right to reject granted under the consumer rights act. Even if consumers know about it, for the most part we seem to be finding that retailers are either in ignorance of it or simply won't comply and it then becomes a matter for the courts.

I'm afraid that this area of the telecoms industry is renowned for not respecting rights – and as you can already see, they have made it clear to you that they won't honour your 14 day cooling off period.
Please don't imagine that simply because you have some rights, it's all going to be straightforward. It's not.

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