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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bullied by phones 4 u


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Hello,

 

I'm new to this site. Looking for help regarding a contract I took out with phones 4 u at the weekend. Usually I deal direct with vodafone but I must have been tired and they dragged me into the shop promising they could get me a better mobile phone and a better deal.

 

I spent two hours explaining exactly what I wanted a 35 pound tariff with x no of minutes and texts. They said i could also down grade it to 25 pounds after 6 months if i wanted.

 

They then printed paperwork and got me to sign a 50 pound tariff which I said I didn't want, they said it was their system and that they needed to do it as it was an upgrade and to get me the better handset. I queried it, and returned to the store to get in writing that it would be reduced to 35 tarriff within the week, they just hand wrote at the top of contract that they would reduce it (signed it but didn't date it).

 

I have spoken to vodafone and they seem to have me on a 35 price plan but said i'm unable to downgrade till after 9 months (not 6) and it's not the number of texts I required.

 

I'm furious with phones 4 u and asked to cancel the contract but they say I can' t because it's an upgrade and there is no return policy with an upgrade. Vodafone say this isn't the case but I need to sort it with phones 4 u.

 

Don't know what to do, someone from a consumer rights helpline said I should cancel it due to the fact that they've misrepresented me.

 

But whenever I speak to them go into shop whatever they fob me off. Manger of customer services has said he'll phone shop to find out if there were misrepresentations but that'll just be their word against mine.

 

Furious, don't want them to have my money want to cancel. Any advice gratefully received.

 

Also even if it's ok with vodafone (at right price setting etc) phones 4 u can change it at anytime with the paperwork i signed.

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Right - you wanted a £35 tariff, and that's what you've got despite the original contract aberration. The policy on downgrading to lower tariffs changes constantly, and may have been correct at the time you were advised. For example, 3 and T-Mobile now no longer ANY downgrade during the principal contract term. There has been no misrepresentation, simply contracts are ever-changing. If your contract states you can downgrade (it probably won't) you'll be OK, but not otherwise. Do not do anything to the contract that will wreck your credit file, it is very easily done.

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Will vodafone not change it to a £35 plan with the texts you want. As you are still paying £35 it would not be a tariff downgrade and should be allowed.

 

Oh and avoid P4U in the future. They will sell you whatever deal makes the best commission for them not the best deal 4U

 

Generally when upgrading you are best dealing with your own network direct and best going through retentions rather than upgrades if you phone them up

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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if you only signed the contract over the weekend, and am not satisfied, can't you cancel under the "7 day cooling off " period.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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7 day cooling off only applies to new connections and not upgrades and only applies if you bought it online.

 

Some stores offer a 14 days cooling off period still (though these would appear to be being phased out) but again its on new connections and only on certain networks

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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I dont see how you can have upgraded your contract through phones4u. You can only upgrade directly with the network. Therefore I think phones4u have taken out a new contract for you and you are able to return the phone and contract within 14 days. Go back to the store and demand that you want to return the phone. It's worth a try.

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Thank you for replies.

 

Seems to be case that I can't cancel, (although whenever I explain it to vodafone advisers they assure me I can?) but hopefully it'll be ok, vodafone shop allowed me to look at their computer and all the logs of phones 4 u actions and as long as it stays at £35 I'll consider myself lucky.

 

Will definitely never use them again, it was a lapse moment and regret letting myself be conned. Their customer service helpline is dreadful. Was determined to cancel contract to spite them, but can't be bothered, if it will be ok.

 

Hopefully they'll be out of business in a few years once everyone realises how awful they are.

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Can't Vodafone cancel it directly? I know that you got the handset through phones 4u. I dont like Phones 4u beacuse they have a limited range of handsets.

 

In future i'm going directly to the network, so I get the handset I want on the tariff I want.

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