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workaholic duck

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  1. Yes, it's an android. It doesn't have an automatic recorder on it. I've installed an app but have yet to test it. I am supposed to be receiving a call within 48 hrs, that was ordered by 02 this morning (it could be 2 weeks with Christmas!). The department is at Future Comms but separate from customer services. They are supposed to be adjudicators beholden to Ofcom.....nothing I hear from this company holds any credence....but I'll have to give them a chance. I will definitely record it!! As I told you, earlier, there is already a contradiction between 02 and FC about the length of 'contract'.
  2. Thank you and I am beating myself up enough already. I really don't know how I succumbed......my only defence is that it sounded like they worked for 02 to get customers! I had already found out that 02 was better reception here in Cornwall but hadn't got round to changing network providers. I have requested, in writing, by email a copy of terms I agreed to, tel. transcripts, confirmation they would honour their promise of a refund each month and payment for early contract cancellation. Also, stated in the email that it was to be treated as a 'complaint' until resolved. I read somewhere that if there's a dispute, the 'cooling off' period can extend to a year (except they don't give a 14 day period!). If they don't give me the refund each month, presumably that is a breach? I still can't comprehend how a DD mandate to 02 can be a 'contract' between me and Future Comms. I have been trying to figure out how to get a recording app to work on my phone.
  3. This is the crux of the matter. It was a verbal promise (which is why I've asked for the phone transcripts). I have asked for it all in writing and they are ignoring me. All they sent me was the bank dd mandate, payable to 02, saying that is my signed contract. Anything else I question, they refer me to it having been explained during the call. I remember most of it anyway....but I expected to receive the details in a written format. With EE I could log in to my account and see the tariff, contract dates, t&c's etc. I have nothing to refer to here. When I contacted 02, they told me the contract ran from 14th Dec 2018 to 13th Dec 2020. Yet Future Comms insist it is a 36 month contract. There are just so many red flags and it's only been a week!
  4. So far it is. But it's only been 1 week. My biggest concern is the bill and whether it will be reimbursed as promised. I was paying EE £25/pm, including my handset. This company promised me a better deal. They said £15/pm + VAT for sim only. 02 are charging me £39.60 this month. Future comms should return £18 + VAT. Also, my final bill from EE for leaving 6 months before the end (£171.22). What to do if I don't get it. How to make them pay? What if something does go wrong? Having the 'contract' with one company, network from another? I hate leaving everything to chance. I need to know if I have any rights! Any slim chance of a get-out, any way I could make myself such a nuisance to them that they just want to get rid of me? I am ideally looking for some legal angle to use to counter their 'smugness'.....that is their standard response....just laugh it all off and tell me it's all fine and I'm happy now, all resolved.....goodbye.
  5. Thank you for replying. Why did I agree to it???? I was stupid and basically duped. Banks? Credit cards? I'm an expert! Phone networks? Only ever dealt with EE (previously Orange), never deviated until now. I had no idea about these 'middle men'. Thought they just got new customers on behalf of the main companies, 02 in this case. Ah, my utter ignorance of the real world. They are not regulated by Ofcom (just called). They can apply any length contract etc., decide on their own regs. I honestly thought I had rights. Apparently not! They are the same type as Carphone warehouse et al. I have requested in writing the tel. logs from them (no, I didn't record it, I was taken unawares and fell into their trap), asked for my contract, what my terms are, length of contract etc. in writing. They hate writing! Prefer phoning and running circles round me, then ignoring my requests. No-one can tell me how safe my number is. Yes, it would cause huge problems if it were changed. It's my business contact, printed on everything. Today, I received my first bill notice from 02. The arrangement was that I would pay it in full, then be reimbursed with over half later in the month. I did query it but was assured it was 'just the way'. I assumed it was so they got their commission or something? They promised to pay my final bill from EE after I send them the bill. Obviously I pay it first. EE warned me it could be 2-3 months before they did. It's not huge, thankfully. But it pays off my handset.....so surely I now own my phone? (I would never upgrade with this shower). I have asked for everything in writing but nothing happens. I have contacted 02 who have raised a complaint from me and will send it to future comms department who are supposed to adjudicate independently??? How can that be?? Apparently they are regulated by Ofcom..... It is all SO confusing. When I wrote asking for everything in writing, I did say that they must treat my request as a complaint (from that date) until I had been satisfied. Hoping to keep everything open until I can find a way of somehow legally extricating myself (if ever??). Trustpilot reviews are pretty bad! So many others experiencing the same. So many not getting refunds, or final bills paid, even after a year in some cases! One person divulged they pay customers (1 months free) to post 'excellent' reviews!! I accepted last week that all I could do was go along with it, for 3 years, and not change anything. Make sure I got my refund every month and never enter into an upgraded phone contract with them. But is that possible? Will they? Can I? It angers me that I should feel so uncomfortable and suspicious of a company I am linked to. So now, I want justice!
  6. I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem. They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract! 2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung. By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on. Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!! I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
  7. Well, here we go again! After successfully reclaiming ALL my mis-sold PPI's, taking 8+ years, or so I thought, another one has surfaced. This time, it's an odd one. Out of the blue, I received an 'Annual Review of your optional PPI'. Addressed to me, with an insufficient address, which the post office delivered. There was a ref. no. so I contacted the sender. They had no record of it! But someone must be paying a DD of £49.66/pm. Certainly not me. We knew it related to a mortgage we used to have but paid off about 5 years ago. My husband checked his bank statements and....yes.....he's paying £49.66/pm. He queried it after paying off the mortgage then (and reducing all unnecessary payments) but his bank told him it was a Buildings Insurance and that it could be used for any property he lived in!!! (He never told me that one!!). Of course, he stupidly believed them and left it thinking he had to have it. How low can these banks sink??? Obviously, we will reclaim, but it has to be through my husband which does make it a bit more complicated. My thoughts are, that not only did they take out a policy on ME (I would have refused point blank to pay it), but I'm guessing the salesman then pressured my husband to pay it on my behalf. Don't get me wrong, my husband is far from stupid (!) but he runs his own business and these 'trivial' matters get dealt with then forgotten! Me? I know every penny I pay out!! The next 'odd' thing is they have my personal details, mainly correct, except it says current employment status: employed 16+ hrs/wk. Wrong! I have been self-employed for 35+ years! That, in itself, means I was mis-sold since I could never claim. Sure, it says, if self-employed, that the business must 'fail' or 'voluntarily cease trading'. I've argued that one every time, since the business is 'me'.....what am I supposed to do??!! I have a feeling we could tackle them from various angles but would love to hear from anyone else who might have been in a similar situation? I think this is a mis-selling mis-selling!!...and they have walked right into a trap. I'm hoping my husband can find the relevant paperwork, otherwise we'll have to request it.
  8. This thread has come to a happy conclusion at last, so can be closed. I never got round to taking my complaint to the Ombudsman - just too exhausted with it all..... Out of the blue, about 6 months ago, I had an offer from Lloyds for the refund of my PPI payments + interest. I think all the banks and institutions are being pressured by the government/FOS to pay up. Cheaper than more hefty fines. Seems we were right in fighting all those years ago. I can now smugly say that.
  9. This thread can now be concluded! Out of the blue, a month ago, received a letter from Monument offering me the PBP + a nice amount of interest. The PBP I'd paid back in 2003/4 was about £350 and the interest they offered took the sum to over £1600. Got the cheque a few days ago. Now in my a/c. I couldn't be bothered to work out whether it was fair or not (I spent years fighting until I was exhausted). Also, for 6 years I was paying off the a/c balance at 0% interest. Such a relief to be shot of it all at last!
  10. Thanks for moving to insurance. This has been resolved now. I decided to go it alone. Bought a part from a scrapyard and got it replaced at the garage. My remaining spare key has been re-programmed and he did a special generic key for emergencies. It's not a remote, but it opens the doors and starts the car. Altogether, it cost about £50 over the excess amount, so I was happy enough. Got my car back! Now I'm almost paranoid about security!!
  11. Well done! Take it and get it in your a/c immediately. I think all the banks seem to be paying up, something to do with the government and pressure... Earlier this year I got a letter with offer from Lloyds for a PPI I tried to claim 3 times and each time refused. Full amount + a nice amount of interest. Then a month ago, same with Monument for a Payment Break Plan from 2003/4. Nice little extra! I was fighting all of them, then just got exhausted after a long-winded success with Cap1. They say everything comes to he who waits...
  12. Aah, this is something I didn't know about! I was led to believe I'd always have the choice of taking my car back or buying it back in the case of a 'write-off'. Exactly why I MUST gather all my facts before deciding. Thank you for pointing that out.
  13. 3 days ago vandals ran amok in our (quiet) estate. I had stupidly gone to bed without locking the door, leaving my bunch of keys on the table inside. Until 3 weeks ago I had a dog who let no-one in until he'd checked them out - he died suddenly, age 15y. Long story short, thugs came in (about 3am) took my cash and keys, drove my car round the corner and stuffed the petrol inlet with plastic bags and set light to it!!!! First I knew was police at my door in the morning asking where I parked my car....I pointed to my drive...no car!!....3 hours of statements, forensics, CSI etc. They said just to call my insurance. However, during 3 days I've learned a lot. Thankfully the milkman saw the fire, called the fire brigade and police so the fire didn't get out of control. I saw the car damage that didn't look too bad - mangled plastic burnt to a cinder and smoke damage to the body above. Forensics had to take it away for inspection and obviously I couldn't touch it. When I spoke with the insurers they mentioned the dreaded 'your car may be a write off'.....alarm bells. I love my car. It's a Peugeot 206 cc and I've just spent £700 on MOT, service, new brakes etc. Bought it for £2300 last year. I checked Glass's value:- trade-in £700+; Private sale £1600+; Dealer £2300+. Minimum values. So, I thought I'd just pay for the damage myself as the excess is £350. However, when the mechanic (at the garage where the police left my car) checked it he found the petrol tank is a complete unit (not in parts). A new one is approx. £1000. Therefore, with all this info I have a dilemma. Do I leave it with the insurers? Who will likely want to write it off. I know I have the choice to buy it back. But I've heard horror stories of valuations etc! Basically, I want my car back. End of!!! Or, do I buy a second hand tank (I've already had quotes for less than £100), let my garage fit it (they said 1.5 hours labour)? This is the most obvious choice but I've already had to pay for new house locks, hire car (insurers won't give me one until they've assessed the damage and AGREED to repair it). Financially, it seems I could come out 'quids in' if I go through the insurers and they write it off and I buy it back. I think it's classed as Cat C? But are there more pitfalls to doing that????? Apart from the negotiating bit....I'm not too afraid of that! Well.....usually... Thing is I don't want these thugs to win!!!! Any advice would be really helpful. PS. The paintwork is fine - I checked it myself. So, it's only the petrol inlet/pipe/tank. Oh, and the spare key to be reprogrammed and another key to replace the stolen one. I know how that's done.
  14. Update. Just been refused repayment of PPI. What a surprise. Will take it to FOS now. Interesting thing was that the refusal letter made no mention of my being self-employed, only a sentence saying I was 'employed' at the time! They obviously just didn't read my complaint! They also said that the bank 'would have explained it all to me at the time' - rubbish. It was a complete farce, in my opinion, just to hope I'd go away...well, NO, actually. So, another year or so before this one gets resolved! At least I paid off the balance last year so I don't owe them a bean.
  15. You are right, of course, Durkin. It is all in the detail, isn't it? These organisations think it's ok just to do the minimum amount of work and even then they have to be pushed. Hard. I am certain the markers have a negative impact. Obviously, I'm keen on getting 5k! The last time I was in court, though, the judge looked upon me as if I was fighting just for the hell of it, because I could!! I did win. He refused to give me compensation apart from expenses to/from court. I need to make clear in my mind now what I'll be asking for: removal of late payment markers, interest refund (earlier post) and compensation for 4 years of being un-creditworthy? Do I have to itemise the different figures? Or lump it all together in the max 5k and hope the judge understands I am NOT wealthy! And it is a serious issue - not only for me but everyone else.
  16. Exactly, Ford. As far as I remember Experian had late payment markers. I was so surprised to see the whole a/c had disappeared from my record, as if it had never existed. Score shot up! I find Equifax very difficult to deal with compared with Experian.
  17. Just had an email from Equifax to say Cap1 have now removed the Default. Great. EXCEPT the missed payment markers are still showing which were recorded whilst the dispute was with FOS. As I explained before (and why I had to go back to FOS a 2nd time), I had paid the loan in full + a fair chunk of the PPI. Nor had I ever missed a payment over the 4 years. As I haven't got round to filing the court papers (mainly because FOS asked me to give them more time after she told them again to remove the Default) shall I still pursue it to get these markers removed? I have asked Equifax to remove them but, a)they take ages to respond and, b)they will probably pass the buck to Cap1 bleating on about it not being their resonsibility..... I don't think it reflects my past record correctly at all. In fact, in my Final Letter Before Action to Cap1 I did say that merely a 'Settled' marker was not acceptable. And surely it affects my score? It's not that I am afraid of taking it to court, I'm more afraid of it being too 'trivial' for the courts. Experian removed the whole record from my report, as if it never existed. I would have expected Equifax to do the same. Am I right?
  18. Thank you for the calculators, Ford. Sorry about the link - guess it was an old thread I stumbled across. What I hadn't realised was that the interest, added after PPI and loan amount, should have been claimed back aswell as the stat 8%. No-one tells you that! Another £500 there to add to the final bill! How many others have missed out??
  19. Can a 'Reply Card' ever be a legal Agreement? Part of my SAR's request came a little photocopy purporting to be 'it'. No details other than my personal ones and a Declaration with Credit Agreement Regulated by CCA1974.....I am applying for a Providian Visa card..... (I can scan it later if necessary). No interest rate etc. Dated Oct 2002. Also, actual statements were not included, only a list of usage and payments made each month (quite adequate for reclaiming charges). But I'm sure I used to see, stamped on my actual statements, something about Payment Break Plan. Of course, I now know that is same as PPI! When I looked in the T&C's (they kindly included a recent copy of these) it had, in small print, that the PBP would incur a charge of 0.89% of the balance each month. Question 1. Is this a 'hidden' charge added to the APR charged each month so you don't realise it's there? Or, should I be less cynical and presume that I opted out without realising?? Question 2. How on earth do you calculate that???! Sneaky or what??!
  20. Going off-tangent for a minute. Whilst searching around for Monument 'payment break plan' (PPI in disguise) I came across this about PPI http://www.consumeractiongroup.co.uk...read.php?61081 With this PPI reclaim from Cap 1 (relating to this thread) could I demand a further sum for repayment of the PPI as ordered by FOS? I got the sum of the PPI, added upfront to the loan, + 8% stat int. It was easy to calculate because it had been listed as a separate figure. From this article, it explains that the PPI, added upfront to the loan, also attracts interest on the entire sum over the entirety of the loan. If this is right I suspect that there is a lot more to be reclaimed, by a lot of people, me included! I shall ask my husband to calculate it (mathematician) tonight. At the time of accepting the 2nd FOS ruling (Aug 2012) I did ask for a different adjudicator to check the calculations by Cap 1 to make sure they were accurate. I guess this is still ongoing. Will do more digging. Hope this might help others to get more money. Will add it to my POC which I'm currently working on.
  21. Thank you, Ganymede, saves me a wasted trip. Back to plan A, online it is. Checked on Equifax report and as I suspected NO attachment of NOC to the other a/c. Re-sent it by raising an online complaint. We'll see - they are SO arrogant! Do they think they only work for the lenders??? About time they got some come-uppance, I think. Attached the NOC for Cap1 in a further request, this time quoting s159 and reminding them of ss4,5,6 if they don't.
  22. Ignore that last sentence (ss4,5)! Now I understand! Sorry.
  23. Thanks, Ford, that makes sense now. Experian told me to do the NOC for another a/c, BC, 'impasse' can't do more until/unless I take them to court. (I suspect that one was terminated - I accepted it in writing, heard no more, charges + int come to way more than bal now, so leaving be for now). Sent a NOC to Equifax, too, same time, will check if it has been attached to report. Didn't know it was section, s159,3. Do now! So, if Equifax refuse my NOC for Cap 1 they have to apply to ICO under ss4,5 ? (not sure what this is?) Presumably I can quote this at them? Will check my facts first.
  24. Thanks, Ford. Been through it all 3 times + now! (and that's only this latest round). Equifax keep coming back to me saying Cap 1 have been contacted and they say the info is correct and must remain. They say they can't remove info without direction from creditor. Then proceed to remove the note I placed......even though I sent them scans of the letter from FOS and emails between us....and after talking with a 'human being' in customer services for nearly 2 hours! She promised it would be solved quickly.....no such luck...goes round in circles, as usual. Each blaming/hiding behind the other. Pathetic. Experian have removed ALL record of it - credit score SHOT up! Thanks, Durkin, for the tip about going to the court in person. I can easily do that. Also, for your help in removing some of my waffle! Really appreciate all this help! Thank you again. It does allay some of my accumulating frustration.
  25. Thanks both of you! Found the N1 form, filled it in online. Brief details of claim:- I've put (an approximation of details) 1.removal of default, 2. financial compensation re adverse impact on credit history resulting in unable to obtain mortgage, restrictions to business expansion. 3. incorrect data on CRA's contrary to data protection laws 4. refund of costs incurred by being forced to take this action. Value:- 5k + costs POC to follow. Does this seem about right? What about character defamation? Is there still such a thing? Not sent it yet (I know, I'll have to re-type it all!). Unsure about value? Should I make it under 5k? With the mortgage refusal thing, it was the broker who insisted I was excluded as it was pointless even applying with a default. Might he have to confirm this in writing? How much do I have to 'prove'? Hard to put a figure on my 'losses' - all I know is that from being a confident business-owner, I became a mouse!
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