Jump to content


  • Tweets

  • Posts

    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

OneStopPhoneShop - Return Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6165 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I have a bit of a problem that hopefully someone can help me out with. I ordered a new mobile phone from OneStopPhoneShop on the internet I think they are owned by Carphone Warehouse. Anyway the day after I decided to call and cancel as I changed my mind and they said they had canceled but it still arrived yesterday so i opened it up to have a look to see if I wanted to keep it after all, but there was no seal or anything on the box, anyway I tested it out, made a test phone call and text msg and after decided I didn't like it.

 

I checked in every single terms and conditions that came with it about returning the phone and it said you could do under the distance selling regulations within 7 working days, it said the same in the breif outlines, the full t&c's and also in the t&c's from T-Mobile which is the network it was connected with. So I called up Cust Services at OneStopPhoneShop today and asked for an RMA but they said I can't send it back as I have used it, I pointed out that there is no mention of this in the t&c's that came with the phone at all and he said it is on there website.

 

Can they do this? I see no mention of any specific clauses in the Distance Selling Regs stating if you use a mobile phone you can't send it back?

 

This is the part from the FAQ on there website which completely contradicts the t&c's they have sent me.

 

[next][0]=customer&q=10#a"]http://www.onestopphoneshop.co.uk/index.php?&B[0][next][0]=customer&q=10#a

 

Please help as unsure what to do next.

 

Many Thanks

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

I believe the DSA applies to unused goods....could be wrong however. Did you use the sim card that came with the phone to send the text and call?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Thanks for the replies, I can't see any mention of the DSA only applying to unused goods and in there own terms and conditions they supplied with it they say to test it out and if you don't like it return it within 7 working days "undamaged", anyway Cust Services won't do anything so going to try a claim through court.

 

Cheers

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

Hi Funkyjman

The 7 day distant selling rule (7 days starts from the day AFTER recpt) is there for you to TRY the phone out, not much use if they are saying cant return it under the 7 day selling rule if you used it! The reason the rule exists is because when you purchase via mail order you dont get the chance to try the product before you buy like you can in a store.

OneStopPhone shop are devils for doing this, we get calls from customers all the time in your situation!

All i can suggest you do is contact T-Mobile, tell them that the phone has arrived, you have tried it and it is not suitable for your needs and will be returning it to OneStop. ask them to make a record of this on your account. BUT they can only cancel their end once OneStop inform them to cancel.

Then contact OnseStop, TELL them you are returning the phone, package evrything back up and send it back to the address in the paperwork (should be on a covering letter in the packaging) post it RECORDED delivery and make sure you keep the reciept. do a track'n'trace on the Royal Mail website with the ref number on the recpt and make a note of the time/date it gets signed back at their offices/depot, then sit back and wait!

All should be as it was before they sent the phone out to you, either no contract at all or the upgrade cancelled depending on what criteria it was sent to you.

DO NOT keep the phone, whatever they say. If you keep it you wont have a leg to stand on!

Good luck.

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

Link to post
Share on other sites

Thanks for that, I will get onto T-Mobile tomorrow and OneStop again informing them im sending the phone back and will send it Special Deliv just in case.

 

Cheers

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

Just a quick update, I called T-Mobile and explained I was sending the phone back to OneStop and they said it was no problem as within the 7 working days, so called OneStop this morning to tell them it was being sent back as advised above and was told by a very rude guy that it would just be refused at the warehouse as I had no returns auth code and I asked how I was able to return it then as they wouldn't give me the code and he said I flat out can't. Anyway I am sending it back today Special Deliv in the hopes it will be accepted and they will read the enclosed letter. If they just refuse it instantly then I suppose it just means I can file a claim against them that bit sooner. OrangePrimate you seem to have dealt with people who have had problems with them before, do you have any other advice for me as they have really wound me up this morning not so much by what they said but just the attitude I got from the Cust Service department.

 

This is one company I will certainly never use again. I have to say though that T-Mobile cust services were very helpful and pelasent, maybe a call back to them seeing if there is anything they can do although i doubt it.

 

If anyone has anymore advice please let me know.

 

Many Thanks

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

Hi Jamie

So sorry you are having this problem, but like i said before, not at all surprised!

Only adivise i can offer is for you to call T Mobile again and let them know about the call to OneStop and request to put a 'Retailer Feedback' through to their Commercial Support dept, (assume TMobile do this the same as Orange etc)

You could also request, and they are not obliged to do this, that the CS give OneStop a call on your behalf to ensure that you are being 'treated correctly' this will make it clear to them that T mobile are aware of the issue you are having.

I have done this on occasion for customers, we are not supposed to get involved and dont be surprised if they say no! but at least request the dealer feedback gets done so it is all on record, and more power to your claim should the need arise!

Saying you will be filing a claim against them at the moment will not in all honesty bother them one jot! their response will be "file what, it hasnt cost you anything" but a few months down the line, now thats a different story!

Also, one last point, make sure you put your return address details on the package, because if they do refuse it at the depot and it gets sent back to you, it will then be down to them to arrange collection. If you then request that they claim their goods and they refuse or fail to do so, its yours with no penalty (not sure on how long after though, but sure someone here will be able to help with that one)

Best of luck

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

Link to post
Share on other sites

  • 2 weeks later...

Hi,

 

Sorry to bring this one up again, I have had absolutely no joy with OSPS returning the phone they point blank refuse to accept it back, the warehouse signed for the phone but it was sent back to me a few days later so it's here again. Cust services told me they couldn't take it back as the network (T-Mobile) wouldn't cancel the contract but I called them 3 times and each time was told the contract could be canceled without any problems within the first 7 working days but they needed authorisation from OSPS who won't give it.

 

Anyway onto my actual question, the phone I have I had to pay £120 for and obviously came with an airtime agreement with T-Mobile, I have today written out my court claim form but im confused about how much it will cost me, for the amount im claiming it would be £30 fee but as I require cancellation of my contract also do I have to pay any additional fees? I called the court to ask but they were less than helpful and said they cannot give legal advice although I didn't really think what I was asking was legal advice :-|

 

If anyone can help me with how much I should have to pay when filing my claim that would be great otherwise I guess I will just pay £30 and hope for the best, im sure they would contact me if they wanted more money?

 

Thanks a lot

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

It doesn't matter than OSPS have returned the phone to you... that's their hard luck.

 

Under the terms of the DSR, they MUST refund you within 30 days of you cancelling the contract, and YOUR duty is to restore the goods to them. Your responsibility ends as soon as you post them back and they are received.

 

If they've sent them back out to you, that's their problem.

 

Did you pay by credit card? If so, immediately dispute the transaction (over the phone) with your credit card company, then send a recorded delivery letter to both OSPS and your credit card company, outlining the situation as it is:

 

1) phone ordered

2) order cancelled under DSR

3) phone returned

4) refund now due

 

I would go as far as to suggest that you'll return their (not your) phone, only when they've refunded you and rescinded the contract. At the moment, that phone is practically unsolicited goods.

Link to post
Share on other sites

This is a direct copy from Statutory Instrument 2000 No. 2334 - “Statutory Instrument 2000 No. 2334 The Consumer Protection (Distance Selling) Regulations 2000”:

 

Restoration of goods by consumer after cancellation

17. - (1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e).

(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation -

(a) to retain possession of the goods, and

(b) to take reasonable care of them.

(3) On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.

(4) The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.

(5) If the consumer -

(a) delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or

(b) sends the goods at his own expense to such a person,

he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.

(6) Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

(8) Where -

(a) a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and

(b) the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,

paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.

(9) Where any security has been provided in relation to the cancelled contract, the duty to restore goods imposed on the consumer by this regulation shall not be enforceable before the supplier has discharged any duty imposed on him by regulation 14(4) to return any property lodged with him as security on cancellation.

(10) Breach of a duty imposed by this regulation on a consumer is actionable as a breach of statutory duty.

Link to post
Share on other sites

Thanks for that Jampot, I did purchase it on my credit card fortunately I usually use my debit card. Anyway I called the CC company and they said I can dispute the payment as I have tried resolving the matter with the retailer myself already but I just missed the guys in the dispute dept they only open mon-fri 9-5 so will call up on Monday morning to take it further.

 

One question though if I do it this way, I assume I hold off with a court claim at present, but do I have to write to OSPS telling them what im doing or will the CC company do that etc, because I can see what might happen, they will refund the phone and ask for it back but leave the contract running.

 

Any more advice would be really appreciated.

 

Thanks

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

Guest retailerspointofview
Thanks for that Jampot, I did purchase it on my credit card fortunately I usually use my debit card. Anyway I called the CC company and they said I can dispute the payment as I have tried resolving the matter with the retailer myself already but I just missed the guys in the dispute dept they only open mon-fri 9-5 so will call up on Monday morning to take it further.

 

One question though if I do it this way, I assume I hold off with a court claim at present, but do I have to write to OSPS telling them what im doing or will the CC company do that etc, because I can see what might happen, they will refund the phone and ask for it back but leave the contract running.

 

Any more advice would be really appreciated.

 

Thanks

Jamie

 

keep a copy of the track and trace royal mail webpage. this proves where the property is concerned you havedone your part.

 

by them sending it back to you can be seen as them giving you a free-bie phone.

keep it safe for now incase they ask for it back but legally because you have proof they already received it back it is now yours.

 

now all you have to concentrate on is the money side.

 

i would claim for the price of the phone. any phone bills you have paid, the price of the recorded delivery plus any other expenses.

 

cal up t-mobile and ask for the telephone or extension of they helpful t-mobile operator who can deal with the cancelations. pass this onto OSPS and tell them they are waiting for OSPS's call to cancel the contract.

 

even tell them the t-mobile operators name or the supervisors name so they have a point of contact who will happily cancel the contract.

 

as long as you have sent back the phone to OSPS within the time they dont have a leg to stand on. them returning it to you is them losing out on a phone. they still have to pay you back.

Link to post
Share on other sites

  • 1 month later...

Hi again,

 

Another update on this as it's still unresolved. I have been in touch with my credit card company and they have read all the terms and conditions etc and agree with me that I should have the money back so they are putting a charge back through for me but they needed me to return the phone a second time for some reason anyway that has been done today no doubt I will recieve it back shortly without any explanation.

 

The problem I have is that I am yet to pay T Mobile anything and I receieved a letter today saying my file has now been passed onto a debt collection agency. I called them up and explained the situation and couldn't believe that OSPS had refused to accept my return and they said I was well within my rights, anyway they are going to try and get my file back from the Debt Collectors but im a still a bit worried what to do should I get anything in the post from them or they come knocking on my door, also what is the impact going to be on my credit file?

 

I also am going to have to take OSPS to court I assume as the CC company will only get me my £120 I initially paid for the phone they won't be able to get them to cancle the contract. Does anyone have any advise on what I should write in my POC or should I seek legal advice rather than going it alone?

 

Lastly, the girl I spoke to at T Mobile gave me there Head Office address and advised me to write to them explaining everything to see if they could help, do you think there is a chance they may be able to sort the problem out for me without having to file in court? I am going to write a letter explaining everything this evening and will also include copies of the Terms and conditions I recieved from OSPS.

 

I hope someone can give me a little advise on my questions as this is starting to get me down now.

 

Thanks in advance,

Jamie.

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

Does anybody at least know how much I have to pay to take them to court, as I would obviously be claiming for cancellation of the contract, is the fee £150 :confused:

 

Please help.

 

Thanks

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

As an aside, I had an 'extra' phone delivered as a 'freebie' with another mobile phone I ordered from OSPS and having thought about it I decided to return the 'freebie'. It was subject to contract and the 'freebie' side of it was by redemption which I'm notoriously bad at.

 

Fortunately for me I managed to return the phone complete in un-opened box with seal intact but still got hit with a £5 or so bill from Orange as they reckoned that I was liable for the roughly 5 days total send-out and receive-back from OSPS, the argument being that despite not using it I incurred line-rental.

 

I couldn't be bothered with the hassle and just paid up in the end but it goes to show that you don't even have to open the damned box to be hit with charges! I would also avoid OSPS, had many phones off them over the years but their last one (ironically the one linked to this post) caused me many headaches and I will never use them again.

Link to post
Share on other sites

Just a quick update, I have finally had some sucess, I wrote a letter to T-Mobile Customer Relations a few days ago and they called me up this evening, they said they completely agree with me that OSPS should have given me a refund etc and they appologised for the problems and said they will raise the complaint internally now as they were apparently unaware of the problem. Anyway they said to return the phone to them and they will cancel the contract straight away and clear any outstanding balance. I have to say that throughtout the whole process T-Mobile have been fantastic everybody I have spoken to there has been extremely helpful and very polite on the phone. It's a shame companies like OSPS seem to get away with things like this, but good to see there are still some big companies out there who have excellent customer service.

 

Jamie

NatWest Adv Gold - Settled in FULL

Natwest Student - Settled in FULL

Smile - Settled in FULL

Lloyds TSB -Settled in FULL

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...