I'm trying to find out if a business mobile contract is different for a Sole Trader (up to 10 employees) versus a limited company? I thought I'd read somewhere that a sole trader has similar rights to a consumer? Basically, it seems, companies have no automatic rights - it's assumed they have access to lawyers, I guess. I have been told because I have a business contract that consumer rights don't apply. Also that 36 month contracts are not banned for business customers? (Ofcom rules 24 month max).....and that a 14 day 'cooling off' period doesn't have to be offered to businesses??

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.

Vodafone have recently charged me for going over my myfi data allowance without giving me notification that I am about to exceed my allowance as they have done before via the app for the device. I have now been billed for £245 for over using me device without my knowledge. I spoke to the complaints department today who have told me that they can reduce the bill by £44! and that I should have self managed my allowance by checking my app despite me telling them that the app is not working. They pointed out that my bill will increase due to late payment (I refused to pay ) and that my details are now with the bailiffs! I found that I am not the only one with the problem when I searched online this afternoon I found that I am not the only one with the problem. Apparently its in their contract to advise their customer that they are about to go over their allowance. Can someone advise or tell me if this the right way to approach the problem and if so how should I go about it. I did find a link for this but the post wont let me add it as I am new. Thank you

Since our recent upgrade last month we are still having lots of problems with our mobile view. It will be very helpful if people could keep us updated here as to the problems that they are having. Thanks

Hi all Had a letter from DCA saying they are the new owners of O2 debt and I need to pay them , They haven't provided much details except original company as O2 and the amount I owe and DCA internal.reference number What do I need to ask them so that I can be sure if the accounts belong to me or not , if I were to reach a stage I need to pay them ,I don't want to pay blindly without knowing if those are my accounts Please advise Thanks

Sant refuse to allow payments to registered payees unless I give a mobile number for them to send a OTP I have a registered list of payees but S will not allow online payments without a mobile number. The Ombudsman has said Sant can create any Ts&Cs it wishes and this is covered in new Ts&Cs. FCA says S are not 'in breach' I am seeking another way to contest this demand as it puts me at risk of IT attack because I cannot operate a mobile phone securely and also I consider that it is a 'harvesting tool' for S's benefit. I have other accounts banks and brokers and none have demanded mobile numbers. S declares it as a necessary safety requirement. but that is plainly untrue. I am aware that I can change banks but that is to gift victory to Sant in a dispute that involves that section of folk who do not have a need or want of a mobile phone. Surely there has been a long enough history of banks imposing restrictions on customers that benefit only the banks and dis benefit the customer. Can anyone offer guidance as to how to bring pressure on Sant to revise its policy.

Hello folks, I tried taking out a mobile phone contract with EE in 2016. I was declined and, on contacting EE, was told there were three T-Mobile accounts in my name from 1999-2002 (approx) with an outstanding debt of around £450 in total. I finally got round to sending an SAR letter last month and received a reply today. EE have sent me a couple of pages of account notes but no mention of the outstanding amount(s). Firstly: based on this, I'm pretty certain that EE have sent me incomplete data - however, without knowing how their systems work, I don't know _what_ data they must hold on me, but at the very least, somewhere, there must be a total amount owed. Secondly: the notes say that I disputed that the accounts were mine (which I did), and EE decided that it wasn't fraud because the accounts were opened using my name, address and date of birth. I genuinely don't remember opening these accounts. How can EE be so certain that I opened these accounts simply by checking that my name, address and date of birth match? I just want these accounts removed from my record so I can, should I still want to, take out a new phone contract with EE. Is there anything I can do here, or do I just need to accept defeat and find a different mobile phone company? Thanks in advance Alex

In February I may have inadverdantly used some data in an airport resulting in a bill for around £260. I disputed this bill on the grounds that a safety buffer should have been on my account. TM claim I removed the safety buffer when I upgraded however I dispute this. In an email confirmation I received when I upgraded, there is no mention of the safety buffer at all. Having reached deadlock, I escalated the matter to the Ombudsman. During the course of my complaint, TM terminated my contract as the oustanding balance remained unpaid. I had offered to pay any bills other than that which was disputed however TM ignored this and the total they now claim I owe is in the region of £1600. The Ombudsman have ruled in favour of TM. They say that they cannot prove one way or another whether I removed the safety buffer while upgrading however they think it is more likely that I did. They have offered no rationale for this. I have stated that TM's actions in terminating the contract and billing me for the outstanding value while a bill is under dispute goes against the spirt of offering a resolution service and in fact undermines it. The Ombudsman accept this but have no powers to do anything about it. TM claim their records show I removed the safety buffer. An online order confirmation appears to show this however this was never sent to me and the email confirmation does not mention it at all. There is a data cap which applies to roaming outside the EU. Even without the safety buffer, I do not believe I have ever opted out of this. Finally, TM's mobile states the following: "If you’re not on a Capped contract or have removed your safety buffer We’ll still protect you with a high-usage limit!to stop you running up unexpectedly high bills. This limit varies per tariff but could be !up to! 4 times the cost of your monthly tariff. If you reach this high-usage limit you won’t be able to use your phone until you make a payment. Also, there’s a limit on how much you can spend on data abroad – to help you avoid a scary bill when you get home. You can spend up to £40 on data, but! after that we’ll bar your device, so you don’t rack up any more charges. If this happens, you can call us on 4455 from your Tesco Mobile phone, or call our automated payment line free on 4488 and once you’ve made a payment you can use your phone again within 2 hours. If you’re on a tariff with a safety buffer!then you can protect what you spend by choosing a safety buffer that’s right for you. If you’re happy to spend more than £40 on data when you’re away, call us on 4455 before you go." TM did not apply any bar on my phone after the £40 limit. I think it is clear from the above that, even if TM's contention that I had removed the safety buffer is correct, the bill should still not have exceded £40. The Ombudsman did not consider this final piece of information as it was not available to me at the time. I am looking for advice on how to proceed. My main concern here is removing adverse information from my credit file as soon as possible and obviously I have no intention of paying monies that I do not owe. From what I can gather I may need to take the matter to court but this would also cost me money I would rather not spend.

Hi, I am on JSA and my work coach has asked me to get a mobile phone. They have stated they will pay for it but I am not happy for personal reasons (which I don''t want to share with the work coach). Since I already have a phone in the house is this something they can insist on and is there anything I can say to discourage it?

Hi. I'm just wondering what the law is regarding having Mobile Speed Camera Vans stationed next to GATSO's. I received a ticket, my fault I was over the limit but was already slowing as I go past the GATSO every day. It's a 70mph dual carriageway which drops to 60 about 500 yards before the camera, then returns to 70 again. There have been no recent incidents here, any reason the Police would do this? Just seems like a way to make money from those passing the '60' signs still just over the limit as they slow down.

Hi all, Looking for some additional advice as I appreciate that this is a topic well covered on the CAG forums. I have had a look on the CAG forums at similar cases to get an idea of how to proceed with a claim that Lowells are making towards my girlfriend - I'll state at this point this is on behalf of my girlfriend as she isn't any good at this sort of thing. Please see below particulars of the case they are bringing. I hope everything is covered.. Name of the Claimant : Lowell Portfolio I LTD Date of issue – 19 Jul 2018 What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxx ('the agreement'). 2) the defendant failed to maintain the required payments and the service was terminated. 3) the Agreement was later assigned to the Claimant on 30/04/2013 and notice given to the defendant. 4) Despite repeated requests for payment the sum of £796.54 remains due and outstanding. And the Claiment claims a) The said sum of £796.54 b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to th date of issue, accruing at a daily rate of £0.175, but limited to one year, being £63.72 c) Costs What is the value of the claim? £990.26 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile account When did you enter into the original agreement before or after 2007? I'm guessing after that date! The original account (according to her credit file) was opened 25/09/2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? I believe the account was assigned to Lowells as they stated this was 30/4/2013. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to the best of our knowledge but we've only been together 6 years, and 4 years in our current property. It's possible something was sent to an old address. Did you receive a Default Notice from the original creditor? No idea. In all honesty a lot of these because of the age and the fact she's no longer an O2 customer go in the bin. There's also the fact we've moved three times, finally settling 4 years ago. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure, as above... Reading some other CAG threads would this not be applicable as mobile phone contracts are not covered by the CCA? Why did you cease payments? No idea. She had this account before I knew her, and I believe it may have possibly had something to do with her state of mind at the time. She split from her ex who she was with for 15 years and got a bit depressed. Working as a carer on basic minimum wage and living alone for a time, so probably got swept away. What was the date of your last payment? No idea on this. Have contacted O2 with a kind of altered SAR directly by E-mail requesting details they hold on her Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No I'm going to fill out the AOS on-line on her behalf (praying that this doesn't get as far as court as neither of us will be up to that) However I would appreciate some advice on whether this would possibly be statute barred? I understand why they are bringing the claim now as it's just under a year before the 6 year period runs out. But surely the 6 year period runs from the last date a payment was made? Am I right to go down this route of defence? And am I right to hit O2 with a SAR. (I'm expecting them to have little information though on her as the account was opened 6 years ago, although assigned to Lowells just under 6 years ago) At this stage should I specify that I'm contesting the entire claim or just part of it? She had an account and it's likely the contractual term hadn't ended but it's hard to know exactly at this stage what terms she was under as the account was opened 5+ years before it was assigned to Lowells. Given all the uncertainty I'm leaning towards contesting part of the claim? Would that be the best course of action? and then hit them with a CPR 31.14? Many thanks in advance,

I received a letter today from Lowell saying they have bought a debt of £26.95 from T Mobile. have been with T Mobile and the moved over to EE for quite a number of years. have 2 phones with them on expensive contracts paid by direct debit. have never missed a payment have never heard anything about this debt from T Mobile or EE when it was changed over. This is not on my credit file either. I know it is only a small amount but I do not see why I should pay for something that I do not owe, next time it could be a lot more. Do I just ignore this, I don't want to end up with a CCJ for £26.95.

Hi everyone I would really appreciate some advice on how to handle the following: My father, who is severely physically disabled and vulnerable, recently got a debt collection letter from Lowell alleging a £400 debt to three for a smartphone contract that was taken out over the phone. My father is computer illiterate and never took out this contract. It was likely taken out by his ex partner and carer in 2015. I have written to three with a subject access request but all they have provided me with is copies of bills. They say they do not have any recordings of phone conversations from the time the contract was entered into. I need to know from them: - What steps were taken to establish the identity of the person taking out the contract and protect my father from fraud? - What bank account details are associated with this account or was the account opened without any bank account details? - What date was the account opened? - Who signed for the delivery of the device and where was the device delivered? They have not yet provided me with any information. How can I go about proving that this debt is not my fathers? Is the onus on Lowell to prove this debt is his if we go to court? Can they prove this debt with only bills as evidence? My dad is very vulnerable and on a fixed income with lots of additional costs as he is currently moving into supported housing and has very complex health needs. He can not afford to pay this bill which is not his. Advice very much appreciated. Thank you Em

Hi, My mother has been using Three mobile for her broadband (she lived in a caravan, and later a flat, that were unable to have Virgin/Sky installed). For all of 2017 she lived in a flat with a 6GB internet allowance, over the year she went to her limit twice. Purchasing a 2GB extension each time, she had no issues. In November, following weeks of issues, she went in to the store and complained and got upsold a new contract. 20GB allowance, plus she had BINGE (which allowed free watching of Netflix without using her data), her data would be capped and stop automatically when she hit her limit, but 20GB would be more than she needed (she was informed) November she used 8GB, December she used 8GB. In fitting with what she'd used before. Then in January, she suddenly jumped to 12GB, 19GB in February. No explanation for her sudden jump, she only uses facebook and searches on google for stuff. There's no downloads or streaming (apart from Netflix, which is not included in her data usage, it has a separate part). Apparently most of this usage was on Mondays, when she's only in the house for 4-5 hours at most. In March though, she had the real issue, when after 2 weeks she found that she was unable to access the internet. Anytime she tried she was told she was past her limit. 20GB, in two weeks! Still no explanation as to why it jumped so much. I went on her account to check her details. Imagine my surprise, when despite constantly being told "You have used your allowance" and being unable to connect to anything (Including Netflix, which was supposed to be free, but was for some reason cut off when she hit her limit), on her charges it listed a further 6GB that she was OVER her 20GB allowance (despite being capped and cut off, as was requested and told would happen when she had the contract) The 6GB over use, came with a lovely £53 charge. She only pays £15 for the 20GB, so it's extortionate to charge nearly 10x that amount on a per GB pro rata rate, but it shouldnt have been possible to go over. Naturally, we called Three to ask what had gone on, and had a very rude staff member tell us "You cant say you only use so much data each month. We know you used a lot more" we asked how, and why it went up so much, given her habits have been the same for about 4 years now. "I dont care, you cant tell me I'm wrong. You owe use the money" Then we were cut off. One rude customer service agent. Possibly hung up on us, maybe a real disconnection. So we called again, and got basically the same response and also got told that the store could not cap her usage, so she owes them the money. Unhappy with this, we went through their Resolver complaints procedure, and this is where we now stand. They have admitted: *They should have capped the account *Mum should not have been told it was capped, if it wasn't *The £53 charges are not fair They have said: *Mum cant cancel her contract, without paying them £70 early cancellation charge, despite them not giving her what she was told she was getting. They have offered: *My mum stays with them, and pays the £53 charge, along with her £15 bill *To make up for their mistake, they will give her £40 credit towards her next bill *They will now cap her account. Leaving my mum, with an internet account that is still using an insane amount of data for facebook and google searches (she changed the password too, in case someone was using it somehow). A £13 deficit after the £40 credit, and no real apology, given that the £40 apology doesn't even cover the charge that they shouldn't have been able to add anyway! She currently has her Three Mobile broadband unplugged and is just sticking to her phones 4G data (10GB a month, different provider, no issues). Is there any advice for how to reply to Three now? To me, I was sure this was a breach of contract on their part. Because at the POS she was told she was getting a capped internet (that would stop at 20GB), with unlimited netflix. She was given an uncapped internet, that had a 20GB limit before incurring extra charges, and netflix that stopped when she hit the separate 20GB allowance. Leaving her to go 6GB over, despite not even being able to go on the internet. Thanks for any help

Hi I've been receiving letters from Lowell regarding a debt for a mobile phone account which isn't mine. I mistakenly decided to ignore the letters until county court claim has been started against me. I've filled out the form online to give me some extra time to defend it and form a case but I'm hoping I can find a way to force them to annul or at least postpone the claim. I've looked around here and apparently because it was a mobile phone contract, a CCA request letter would be ineffectual because it was a service agreement. So I'm thinking about sending them a "prove it" letter and possibly a Subject Access letter but I'm unsure of how effective this will be. Any advice and suggestions would be greatly appreciated. Also, Lowell have put a default notice on my credit card report which is what I was wondering if they can legally do that without any proof?

Hi Guys, Drove by a mobile speed camera with the dash potentially indicating up to 80 mph (the speed i never exceed in my car). My GPS tells me that 80 on the dash is 77 mph GPS. Do you think I will get an NIP in the post? I know the ACPO guidlines are prosecute at 79 and above, but I am worried the trigger happy police may decide to prosecute for below, like 77! If I do for going 77 in a 70, can I defend it in court? I have a Mini Cooper and it's annoying how the speedo is in increments of 20 MPH! Thanks for letting me know!

Something that has been bugging me for a while. I do not want to name this company but people who have been following my thread against a certain security provider. Will know who it is. They have recently had a revamp ad have renamed their Mobile Patrol Officer position as Protective Services Officer . However reading up on this it appears it is the same name that police use in Australia . http://www.policecareer.vic.gov.au/pso/about-the-role Is this legal as the name is misrepresenting the actual job the person or company is claiming to do . Which is nothing near what the police do.

Hi, On the 18th of January I was pulled over. When the police officer asked what I was doing on my mobile phone (which was attached to the magnet holder). I immediately replied I was 'changing the music'. It was about half past midnight with no other cars on the road and I stopped my vehicle just before I entered a small roundabout as there was a car approaching from the right (which I now believe is the police car). I took the opportunity to pick a song to accompany me the rest of the way home. As I saw the police car approaching I pulled off and was pulled over. The police have ticketed me. I am a new driver so the punishment of 6 points and £200 fine would mean my licence will be revoked. I am thinking of letting the issue be decided by the courts as I feel that the punishment is harsh considering the circumstances. I am thinking of representing myself as cannot afford the legal fees. I am aware of the technicality of the law surrounding this issue in order to be guilty of this offence - Firstly said mobile/hand held device must be handheld at some point during alleged offence, secondly phone has to be used for interactive communication and thirdly engine has to be on. Clearly my car engine was on, I would definitely argue that my phone was not held in my hand however the interactive communication part is a gray area as I stream music from Apple music but I also have music stored on my device, the question is whether I was streaming music at around said time of offence. I have requested a solicitor write to my phone company to release such information to me. Other points to note there were 2 police officers in the vehicle. The officer that ticketed me clearly believed that I was changing the music because she made comments at the end of our encounter saying that I can use Siri to change the music. I have never been to court before and any advice is greatly appreciated. My questions are: Is it worth taking to court? Will there be a opportunity to raise the points of law and how my incident does not meet the criteria for said offence and also can I request to see police statements of said incident? Any other opinions and advice is greatly appreciated. I need as much help as i can get. ...

hi all i took a contract out in sep 2016, couldnt use it, called to send back but they said i'd had it over 2 weeks so no. i never paid anything and forgot about it as they didnt take my compliant serious. they in november 2017 i they put a default on my file. just wondering if i have any recourse to get it took off or anything? Thanks in advance

hi my daughter purchased from vodaphone ( what a waste of space they are rude and could not be bothered ).. she had a Samsung curve 7 for 3 days and dropped it from about 6" and the screen cracked.... I have looked at their selling adverts and it shows it being bent dropped from height an being bent and not cracking...,. I have contacted them and they said tough cracked screen voids warranty... .that was 8 months ago and the phone worked perfectaly.. .she woke up last Tuesday and the phone was completely dead contacted Samsung and they said take it to their shop in surrey quays which she did... .they said they could not do anything so could not help.... just need to know if it is false advertising and what are her rights.. .thanks paul

Hello I wonder if someone could offer me some advice. I received a letter from lowel Solicitors headed: Notice of Acting. They asking me to pay an old Orange debt. 1- Should I ignore the letter? I haven't speak to them so far and always ignore them. 2- If there was no payment at all which date SB will be calculated from? 3- If the contract made in Scotland, SB referred to Scotland or the place you are living now? Thanks in advance

Hi I have sent my mobile phone to a shop in Nottingham to be repaired, and they have sent it back to the wrong address , the bloke is claiming that is address that i sent him, which is total .. as the address it was sent back to is 400 miles away, he has said theres nothing he can do, is this right ?

Hi there, seeking advice of the legal variety... Over a month ago now, Virgin Mobile called me as an existing customer to try to upsell me a new phone and tariff. After discussion an offer was made that was too good to decline. A new S8 and suitable tariff for £29 per month over the period of 24 months. The offer was made of two parts, a loan for the device at £25 per month and the tariff of £4 per month. At the end of the 24 month period, I would just be paying the tariff of £4 per month. I was pleased with this offer and accepted. I confirmed the offer several times and each time it was verified by the representative. On the basis of the offer made and accepted, I agreed to undergo a credit check for the purpose of the loan part of the offer. The credit check was duly scored and passed. The representative advised I would receive three emails, the first relating to the credit agreement. I was instructed to click the link in the email and accept the terms of the credit agreement at which point the device could be dispatched. While on the phone still to the representative the first email arrived but it contained details of a credit agreement for 36 monthly instalments, not the 24 agreed. I raised this with the representative who ultimately advised that the offer made still stands and that I should proceed and accept the credit agreement. I advised that the agreement is wrong and so that a new one should be sent. The call finished and I waited for a corrected agreement to arrive. But it did not. No further emails arrived. Only two text messages advising that I had upgraded and that my tariff. I called Virgin Media the next day to query the agreed sale and after discussion with that advisor, I requested a complaint be made. The advisor stated I would be contacted within 48 hours about my complaint. In the following 5 days I received no contact from Virgin (only other than to chase why I hadn't signed the agreement). I then wrote to them laying out the situation and my complaint asking them to honour the offer. No response had been received to that letter I wrote another advising that I demand they remove the credit reference score they made from credit agency records, which has still not received a response. It is clear that Virgin have no intention of addressing his complaint. The issue for me is that they have performed a credit check against me based on a mis sold product. That credit score needs to be removed. 1) how do I go about getting this done? 2) who can I complain o to ensure Virgin are exposed for this practice? Thanks Mr P

How can I tell if my mobile has been infected other then a warning sign on the screen which after all could be a warning from any one encouraging me to download something that could do even greater damage ?.

Good evening all, I'm after some advice regarding changes my employer has made to my working day. Following the ruling in 2015 regarding travel to work time for mobile workers being counted as "working time", my employer has brought in changes at work from the beginning of this month. I work in the utilities industry, and my job involves me travelling around from site to site carrying out my duties. These sites include both company assets and customer properties. At the end of the working day, it is required that I return to my base location. Up until now, my working day starts at home and finishes when I clock out at base. We have always been paid from when we leave home until when we clock out at base. Travel home time has always been unpaid and our own time. From 1st October my company has now changed this to the following: We now clock in as normal at home, yet we now only start getting paid from when we reach our 1st job or after half an hours travel, which ever is the shorter. We then clock in again to start our "paid time". We then continue as before and clock out at base and then travel home in our own time as before. For the majority of my colleagues, their first job is over 30 minutes away from home, meaning that we are now having to do an extra 30 minutes a day for the same pay. This has in effect increased our working week by up to 2.5 hours. Having checked my contract, it states that I work a 37 hour week Monday to Friday, however after this change I will now have to do 39.5 hours a week for the same pay. My contract also states that any overtime is on an "ad hoc" basis only. The company have stated that the change to the EU law has brought in this change and that it is therefore not negotiable because it is now the law! Having trawled the internet, I cannot find anything which says that this ruling governs pay as this should be a matter for UK courts, not EU. Do I have any grounds to challenge this? Thanks in advance. MP.