This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

cheers

Agree with steampower, I was a guarantor (never again) and found myself facing the small claims court because the tenant didn't pay the rent. I paid the rent arrears and refused to pay any costs, which the letting agent just seemed to make up as they went along and after paying the rent arrears the small claim was dropped. Not saying they will drop yours but since you will be liable for the rent, its best to remove this from the equation so the sole focus of the claim becomes their overcharging fees.

OK, just looking through the emails and the offer to drop counter claim and pay £289 and the 2nd email to raise offer to £500, did not contain the wording "without prejudice" however after accepting the offer subject to the report they claim to have, the 3rd email stated "as per our without prejudice offer in our last email we will not accept any condiditons". The first two emails defiantly do not contain the "without prejudice" wording, can this be applied retrospectively? Doing a bit of research, it seems that the offers wont necessarily be taken as an admission of guilt, but it does make it hard for them to continue their counterclaim for £2650 since they have already admitted they would be prepared to drop it and pay £500 and it would be hard to justify now wanting more.

thought I'd post a quick update. Phoned the company owing the money, and cut a long story short it was basically we have a report detailing the substandard work along with photos, I did raise a few issues he wasn't aware of and asked if he could phone me back. On phoning back, he says that nothing has changed but in order to reach a settlement he was prepared to drop the counterclaim and pay £289 (£1,000 less then was owed). I asked for the offer in an email, which he then sent. I made a counter offer, but only if he forwarded on a copy of the report and the photos, so my son could see the substandard he was being accused of. They then increased the offer to £500, which I accepted providing they supplied the report they claimed to have and claimed they had used to calculated the counterclaim amount. He has simply said the offer is without condition, take it or leave it. Is the above an admission of guilt? it seems strange to claim someone owes you £2650, but your then prepared to pay them £500 to go away!!

Their defence is that the work was substandard, its the same as their counterclaim.

Thanks, I did think that they are going to have to prove that the work was substandard and whilst I know I'm biased I have questioned my son and he is adamant that, bar a small bit of snagging the work was of a high standard. Just not sure how I reply to the counterclaim, its clearly just be put in to get my son to drop his and its difficult to know what to write on the form

Hi, I'll try and keep this short and hope someone can offer advise. My son was a sub-contractor (plumber) on a large block of flats, the main contractor decided to remove all plumbers and appoint one company rather than several subbies. My son submitted his last invoice and should have been paid after 14 days, when he wasn't paid he tried phoning, then emailing and then texting the main contractor, all these were ignored, so eventually started a small claims against them for £1289. (he followed the correct process in issues letters, etc) The contractor has now submitted a counter claim for £2650, stating that the work was substandard and they would be seeking the cover the money. I phoned their head office (my son at this point was out the country and asked me to deal with it) I spoke to there commercial manger, who had signed the counter claim. Now my point is that the main contractors PM on site, had dismissed all plumbers but had asked my son to stay on because he knew his work was of a high standard, (all work was QA by the site PM) and also asked my son to look after the site apprentice, but 2 weeks later when the new plumbing subcontractors arrived the main office overruled the site PM and my son had to leave site. So I argued that the site PM, who was in the best position to know who was working to what standard clearly didn't feel that my son's work was substandard and if he did why ask him to look after the apprentice? I was also concerned that the counterclaim was the first he had heard that his work was substandard, and he had made numerous attempts to contact them but they had not taken any of these opportunities to reply and inform him of the issues. Its standard practise to get trades to return and do snagging I also asked if the were looking to recover money from all the plumbers, which he said they were, so I said ok, which ones, because me son is in contract with all of them....he then said well they will but haven't yet, he then offered to drop the counterclaim if my son dropped his claim. So it's clear that the counterclaim is only being used to bully my son into dropping his claim. The commercial manager was not aware my son had remained on site and been asked to look after the apprentice, so asked if he could check and then phone me back. When he phoned back he said the site PM denied that what I had said was true, so I offered to give him the apprentices number and he could phone and ask himself who he worked under, as I knew it was my son at the direction of the site PM, he refused to take the number but said he would offer to drop the counterclaim and give my son £289 to drop his claim. I wanted the offer in an email which he did, after I emailed back to turn down the offer he increased it to £500.....is this now an admission of guilt? I haven't put the defence in for the counterclaim yet and I'm tempted to point out that it seems its an abuse of the system and being used to bully my son...but not sure if this would be wise. I've also asked for the report that detailed the work was substandard or failing that a breakdown of how they arrived at the £2650, but they are unwilling or unable to provide this.

Quick question; Would selling a phone as having unlimited data, subject to a fair usage policy - that turns out to not have unlimited data and there is no fair usage policy, fall under The Consumer Protection from Unfair Trading Regulations 2008? just asking before i start reading reams of documents

Phone call today from Phones 4U; Their position is that they have done nothing wrong, because after asking Orange "Do you instruct your sales team to sell the 750mb data plan as unlimited or subject to fair usage policy" The reply they got was "we don't have a policy of not telling them to do this" and on this basis Phones 4U think they are in the clear. I did try to get him to see that this was an attempt to avoid answering the question, it was no differant then asking Ford if they told their sales people "did they instruct sales team to tell customers that a fiesta could go 250 mph" and Ford saying "well we don't have a policy of not telling them to do that", it's a meaningless answer. So going to try and get clarification from Orange, then back to Phones 4U and off to the small claims court i think (will be seeking some help on how to word it)

No contact yesterday, but as i was preparing my letter to Orange, i received a phone call from Phones 4U; They are asking that i hold off taking any further action whilst they discuss the matter further between themselves and Orange, seems it's no longer with the legal department but now at director level, not sure whether to take that with a pinch of salt or not, but will give them the benefit of the doubt and wait till end of the week.

Had an exchange of mails today, phones 4U sent me a link to orange T&C's and said "link to Orange's T's&C's.* Sections 7 and 9.2* both refer to data usage under fair usage allowance" In reading the T&C's, ( which I've already done, wouldn't have taken things thus far if I hadn't) section 7 makes no mention of data at all never mind in relation to fair usage and section 9.2 is about the charges incurred when going over your data allowance. Do wonder if they think people can't read, or they don't bother even checking these T&C's themselves. Have been promised a final decision on Monday, so will see if they are going to back down or I need to move things on to the next stage.

Thanks for the feedback. I've looked into this further and the Orange T&C's stated on the phones 4U website are not the current T&C's that Orange use. The old T&C's as shown on the Phones 4U website do mention a fair usage policy in relation to data, (but not unlimited data) the new T&C's which apply to my contract and under which my phone & tariff was sold, do not state any fair usage policy in relation to data or any unlimited plan for data. So they shouldn't have sold it as unlimited and saying a fair usage policy applied is not applicable and has no bearing on the matter because a fair uasge policy doesn't apply. So have mailed Phones 4U to say thanks for the offer but I want what i was sold or i don't want the contract. Will keep you updated. Will keep you updated.

Have just had an email confirming the offer of £240. They don't admit any wrong doing and it's just a good will gesture, there legal team state that because the script provided by orange call the data bundle unlimited and that's what they used then they haven't done anything wrong, which seems like saying " they told me to say it, so it's not my fault for saying it" don't they have some responsibility to ensure their sales script is true and correct? Could really do with some feedback, not sure what to do. And sorry for any grammar or spelling mistakes, hard to proof read on my phone

Not to worried about credit record as I'm still paying the bill, just seems strange they would offer £240 if they really believe they have done nothing wrong. I'm happy to fight this but only if I gave a reasonable chance of winning.