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    • i'd be sending them an sar get all the details and see if his bank has proof of BT cancelling the DD too. then p'haps we can make a complaint......   £800/12 is about £67pcm - thats an expensive deal if this is for BB only and not phone as well & at what speed - i'd expect >70MPS for that deal...was it.?   the issue here is if it is for phone as well BT won't release the line till the debt is cleared if he wanted & should switch - to say vodafone at <£30PCM for the same deal.
    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
    • nothing to do with any warranty or guarantee nor T&C's. and nothing to do with where you kept nor used it.   under the Consumer rights act you are entitled for upto 6yrs to have an item that is fit for purpose.   your item has failed within 6mts so under the CRA it is the retailer responsibility to inspect it and have ONE chance to repair it .. no quibble.   sadly as you purchased the item through paypal with your credit card i don't think you have any rights that way under section 75 of the consumer rights act.   @BankFodder will be around AM to help with how to move you forward possibly by a formal letter but safe to say Sweatband.com are taking you for a fool.
    • It is residential. Not long been self employed, and in between been employed.   Everything was set up by dd. BT even let them upgrade the Internet 2 months ago, but did not refuse on basis bill not paid. No letters, nothing and normally would cut you off after not paying for a month.   Yes they should check outgoings, but young couple, and everything by DD.  They obviously realised they made a mistake by halfing it. Just wanted advice really    I would also like to point out they are very financially aware, he earns good money, just didn't spot it wasn't coming out, nothing alerted him to the fact it wasn't 
    • £800 for one year?? what planet are you on?   i will guess this is residential Broadband not a business A/C?   however i do find it a bit strange that a self employer person does know when or not money is going out of your A/C one month maybe, but to not spot 12mts of not seeing a BB bill smacks of poor financial awareness..    
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    • 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!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Nokia 6280 from 3 - in dispute

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13months ago my partner recieved her new Nokia 6280 phone from 3. From the onset she complained that the reception was dire and kept cutting out. 3 said they needed to know the post code she was making the calls from and they would strengthen the signal in that area. This did not help. She called again and was advised the same thing, but still the phone kept cutting out.


2months ago, 3 agreed to have a look at the phone and it was sent off for analysis. It came back with the report it had water damage. My partner explained that she had not dropped it in water or spilt anything on it and must of been like it when she recieved it. 3 advised her that water damage can happen just from walking from one room to another, due to atmospherical pressure.


They offered her a recon phone that she would have to pay a further £95.00 for and carry on her contract. She declined this. After browsing the internet we found in fact there are known faults with the 6280, of which 3 agree there are, but are still unwilling to accept they supplied her with a substandard phone.


Now they are offering her that she pays £65.00 to end the contract that has 5 months to go but she must start a new contract on a higher tariff, She has decined this as well as she is unsatisfied with the service she has got from 3 in the past 13months and really has paid over £400.00 for a phone that has been next to useless.


We have told them we will be getting in touch with OFCOM and quoted the sales of goods act, where I think the supplier has to provide evidence that the product was in working order when the customer recieved it but this did not really have any effect.


Anyones advise on this would be gratefully accepted.

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The Onus is on the supplier to prove that the phone was in working order within the first 6 months.


Why was it left so long to get the phone looked at. Within 28 days, three will swap the phone for a new one. After that, they normally collect the phone from your home or workplace, take it to the repair centre, fix it and get it back within 3 working days. If my customers have a faulty 3 phone i loan them a phone whilst it is away.


If the phone now has water ingress it will have invalidated the warranty, as it is not mechanical breakdown, whether or not the fault was there before it was sent.


I have had customers whom have left the phone in the bathroom whilst having a bath and the steam has got into the phone. There are also lots of other ways the phone can get water ingress, i.e sweaty hands, drop of rain, dropping in water, spilling drinks etc, but if the phone was not sent away until 11 months after it was first used, they will argue that it was working up to then.


In the networks terms and conditions they cannot guarantee reception in all areas, and they all meet and exceed the required standard, and at the time Three offered a 14 day Customer Satisfaction Guarantee, so if your wife wasnt happy, she could have cancelled.


I do not think you would have a leg to stand on now, and you woudl probably be better off getting a 2nd hand Three phone on Ebay, for £40 - £60.00 and seeing out the contract and then porting to another network, or paying the £95 to three, seeing out the contract and then selling the phone.

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As complete says, water damage is a killer - and it is very difficult to disprove. HOWEVER, if she asks for the phone to be returned she can take it to a Nokia Service Centre and have it checked independently. If they identify any other problems but NOT water damage, she can pursue 3UK and also get the inspection fee refunded. However, if they also say there's water damage, the recon phone is the best offer available.

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