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  1. 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
  2. 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 ?
  3. 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
  4. Hi, I am knew here so I hope someone can assist. About a week ago I got a court claim (from Northampton) from Lowell Solicitors for a debt with Three mobile. Long story short, went through a nasty divorce, family mobile contract in my name, due to "hostilities" I stopped the contract, in the furore I forgot about it, thought ex had taken the contracts over. Lowell have sent the matter to court and was wondering what I should do next? I have sent in the acknowledgement of service and stated intend to defend in full, however would be grateful for some words of advice regarding what I should do next please. I have no income so this is a bit of a nightmare to me! Hope someone can advise. Thanks
  5. 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.
  6. 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 ?.
  7. Hello, I'm hoping someone can help me please as I am at a loss. I purchased a phone from Mobile Phones Direct in March this year. When I received the phone it turned out that the tariff they were advertising was actually a 'cashback' deal and I would be paying double what I was expecting. In addition the camera leans on the phone is cracked. I reluctantly decided that the tariff issue was a 'lesson learned' but contacted them about the faulty phone. They requested that I sent them photos of the lens and the packaging the phone arrived in, which I sent by return. Since then I have had no response despite numerous emails asking them what they intended to do about the fault. Since then I have also started to notice that images are burning into the screen despite the use of a screensaver, since Mobile Phones Direct are not responding about the initial fault I doubt reporting the screen issue will do me any good. I also sent in my application for the cashback at the prescribed time but again, no response. I have just now tried contacting Vodafone to see if they can assist me but they are refusing to help as I didn't but insurance from Vodafone. I would have thought that, as Mobile Phones Direct sold Vodafone products, and I pay my bill directly to Vodafone that they would have some kind of responsibility to assist me? I am now left up the proverbial creek without a paddle, with it seems, no-one who can help me get a replacement phone or the money MPD owe me for the cashback
  8. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 07 July 2017 date to submit defence 8th August 2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('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 21/12/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £160.09 remains due and outstanding. And the Claimant claims a) The said sum of £160.09 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.035, but limited to one year, being £6.91 c) Costs What is the value of the claim? £242.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? After 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware Lowell had acquired the debt when they suddenly began bombarding me with communications. Did you receive a Default Notice from the original creditor? Unfortunately I can't recall. I've heard nothing from them (I don't think) since Orange was acquired by EE, and that was years ago. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Actually I cancelled the account in full accordance with the original claimant's cancellation procedure. As a safeguard I also cancelled the direct debit agreement, knowing that no more money was owing. Unfortunately they later claimed that more money was indeed owing on the account, which I completely dispute. However I wasn't able to properly dispute this with them, as they had already referred the debt to a third party, who I beleive was Moorcroft. What was the date of your last payment? I can't be certain, again because this whole matter has been quiet for so very long, but I think it was circa September 2011. That would place us close to 6 years, which I'm guessing may not be a coincidence. Was there a dispute with the original creditor that remains unresolved? Very much so, although I can't evidence this in any way at this late stage, and it's difficult to recall the finer details. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. There were no financial problems. As far as I am concerned the account was cancelled correctly and paid up in full. Hello all. I've been referred here by a long standing user, and I hope you guys can help... I have received a claim form from Northampton County Court Business Centre, for a claim issued by Lowell in relation to an old mobile phone debt, the validity of which I question. They are claiming £167.00 plus costs, fees etc. I have completed the Acknowledgement Of Service, and I would very much like to defend the full amount of the claim. My answers to the standard questionnaire are above My thanks in advance for any and all assistance you can offer. Dave
  9. Another of my daughters court cases. This time for a ee mobile telecoms debt. I will post up the poc later but in the meantime I have never had any involvement with a telecoms debt can you send a cpr31:14 or is there another way of obtaining information from the solicitors and the original debt holder ( EE ). Sleepingdog
  10. Hi everyone, I`m new here and need some good advise from you all. I received yesterday a Court Claim form from Lowell solicitors. They claim over £400 for Three mobile debt. I was on contract from August 2010, last my monthly payment i made in Nov or Dec 2010 cos after i lost my job and cannot afford to pay. I need some advise please how to and what to fill in this claim form? I`m not very confident in law. I read lots of posts there before posting but still not understand about CPR 31.14 request, response time, statute barred debt.. . I`m already fully stressed and anxious and at the moment feel like is no way out from this situation, i cannot afford to pay to them as have only part time job and low income. Thanks
  11. Hi, My mobile phone had a cracked screen but was still working properly. I handed my mobile phone instore to be repaired the same day for £70. When it was returned it appeared to be working fine. When I awoke the next morning the screen had completely blacked out and completely unresponsive. I returned it to the shop where after 2 days they claimed that they opened it up and saw nothing wrong with it so they don't know what happened. Now they are trying to get me to pay an additional £35 to buy an lcd to repair it which I think is completely unfair as I have been unable to use my phone for almost a week since they supposedly repaired it. Can you please advise me on if I have a claim to get my money refunded or for them to repair it at not additional cost to me?
  12. https://www.theguardian.com/money/2017/may/20/mobile-phone-roaming-charges-banned-europe-15-june-brexit
  13. As I work closely with Apple, I often come across interesting tidbits... Once o which saved me a LOAD of money... For a semi iPhone contract you'll be looking easily at between £40-£70 a month depending on your needs of voice and data etc... on top of that, your phone is only covered for 6 months by Apple and should be covered by your provider for up to a year. After that, if it dies, you're on. your own. Apple have something called the iPhone Upgrade program. That link will take you directly to it. here's now the money saving works broken down: - £33.45 is what the iPhone upgrade program costs per month.. - You're covered with 24/7 AppleCare+ so even if you send your phone to hell and back, they'll replace it as per AppleCare+ - Every year, you get the latest iPhone - At the end of the year, you give your old iPhone back to get. the new one at no extra cost (e.g. one off charges) So the £34 +£10 for a Data, Text and Voice plan (sim only, which I just saw on switch) you get more bang for your buck as to put it. So on top of saving the £10-20+a month, you'll also be covered by free insurance (no excesses either), free support for your phone (and all local call centres with Apple). The only hitch might be if you have bad credit.. Apple do check up on your financial conduct... Well it's not them, it's actually backed by AIG (some insurance firm)... Anyway, I hope this tip helps out! Ade
  14. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – . 13/02/2017 What is the claim for – . 1) The defendant entered into an agreement with T-Mobile (UK) Ltd under account reference XXXXXXXXXX 2) The defendant failed to maintain the required payments and the service was terminated 3) The agreement was later assigned to the claimant on 25/07/2016 and notice given to the defendant 4) Despite repeated requests for payment the sum of £353 remains due and outstanding And the claimant claims a) the said sum of £353 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.077 but limited to one year being £16 c) costs What is the value of the claim? £453 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone When did you enter into the original agreement before or after 2007? opened 04/2010 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes, I think so... Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Not sure What was the date of your last payment? Not sure.. 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 managementicon plan? No & No I have now aos stating defend all, what do I need to do next?
  15. This article was I believe first published in December 2016, but has been updated as of today, 3rd April 2017. Looking at the chart, in each of the 5 quarters since 2015 - Vodafone is consistently the most complained about provider. Of course we here on CAG didnt need OFCOM to let us know this, did we ?
  16. Querying the experts as regards a mobile contract. If a person signs up to a mobile service that provides a SIM (airtime, data, calls, etc) under a service agreement, and the mobile handset is provided under a consumer credit agreement, for a 24 month period, and then 18 months into the contract the person wants to terminate the service agreement but keep paying for the handset under the CCA: a)can the mobile operator insist both agreements are tied together so that its not possible to only terminate the one agreement and not the other? b) if the full amount outstanding under the service agreement is settled i.e all remaining months is paid in full, but the CCA is to be continued to be paid monthly, can the mobile provider then insist that the CCA needs to be paid in full at same time as the service agreement or they will prevent the porting of the number and mark the CCA The service agreement only has in the terms that in event of early termination the servcie agreement that the CCA needs to be checked to see the early termination terms for the handset itself.
  17. I seek advice on the following quandary that I find myself in: I am in a 2 year contract with a mobile internet service provider for just over a year now, another 10 months or so to go. The service that I am buying is mobile access to the internet via a dongle. The data allowance is 5GB per month and the charge is £15 per month. I have recently spotted a deal offered by another provider of 20GB per month for £15 per month. That's 4 times the data for the same price. It goes without saying and putting it mildly that I am a bit miffed about what I am being charged compared to what I could be getting for the same money. My question is: How do I go about terminating my current contract so as to enable me to take advantage of the better deal?
  18. Im vaguely aware that under EU law? items generally should be replaced/repaired if they are still reasonably new even outside of warranty period. My Sony mobile has just died a month outside of its 2 year warranty and i was wondering what the specifics of trying to pursue this are and if people usually experience any success? Many thanks.
  19. http://www.theexeterdaily.co.uk/news/business-daily-local-news/stiffer-penalties-using-mobile-devices-while-driving
  20. Using a mobile phone whilst driving just 2 more weeks or so left on the consultation on this matter. Has anyone been following this topic see here >> https://www.gov.uk/government/consultations/hand-held-mobile-phones-changes-to-penalties-for-use-whilst-driving please see the other links within the link as well... 'The Department for Transport seeks feedback on proposed changes to penalties for the offence of using a hand-held mobile phone whilst driving. This consultation seeks feedback on proposals for increasing the fixed penalty notice (FPN) level from £100 to £150 for all drivers. It also invites views on increasing the penalty points from: 3 to 4 points for non-HGV drivers 3 to 6 points for those that hold a large goods vehicle (HGV) licence and commit the offence whilst driving an HGV The proposals ultimately aim to reduce the number of deaths and injuries on the roads.'
  21. Hi everyone I have had a samsung s7 edge for just under 12months approx 2 weeks ago, the screen went funny and the phone would not do anything at all, the phone had not been dropped or bashed about. I rang a few places about the problem and the average cost to replace a screen is approx £270, unfortunately I do not have phone insurance. One guy told me to ring Samsung as the phones have a 2 year warranty with them. I rang Samsung and explained everything and they were very helpful and arranged for the phone to be picked up so that they could look at and if the problem was a manufacturing problem they would fix it and if not, they would give me a quote to fix it. today they have returned the phone unfixed and in a worse state than what it was when I sent it. They sent a letter with it saying it did not come under the manufacturing warranty and that they have tried to contact me with a quote to fix it but I have apparently said I did not want to pay for it fixing. They have never contacted me with a quote. The phone came back in a tightly packed box and when I got it out of the box, there was no back on the phone, it was loose. I rang customer services who said that the back should not have been taken off and gave me another telephone number to ring. I rang the number and they said that the fault was a cracked lcd screen to which I said the screen wasn't cracked and they said it could have easily been done by it being in my pocket but my phone has always been in a leather case. They said that they did not take the back off the phone, it must have been done in transit and to ring customer services for a in transit claims form. I told them it was not done in transit as there are finger prints and glue marks on the back of the phone where someone has taken the back off. The phone was tightly sealed in transit, there was no way the back could have come off. Their answer was to take some photo's and send them to an email. I know I am never going to win a company like Samsung, but the phone is now in a worse state than it was before I gave it to them, and they have lied over contacting me and lied about taking the back off the phone. I have taken photo's of the finger marks and glue on back of the phone and the box it came in, but I was just wondering what to say to them when I write to them. Is there anything I need to put across to them. I am absolutley livid that a company like Samsung can behave like this and also gutted about my phone as what they are saying is that the fault is down to me which is unbelievable as its always in a case and has never been dropped. Thank you Alamand
  22. Good morning two months ago I got an e mail from scotcall saying that I owed 3 mobile £375 , I have been a customer of 3 for about ten yrs and to my knowledge I owe them nothing , I sent off my CCA request and my postal order and have not had a reply for six weeks , today I have received an e mail from scotcall Saying "in response to your request for a copy of the singed credit agreement , we have been advised by 3 they they are not available" how would I like to proceed, as I cant find a template letter in the library could someone perhaps give me a hand to word a reply, thnk,s
  23. Hi All, new to the forum. The work you guys do is great so I've bought a webmail account to support the site how I can. A family member has received a letter from CapQuest stating they've taken over their T-Mobile account. The letter seems politely worded but not fooled going by CapQuest's reputation (I've been through several threads on the site). This appears to be due to a default on a 'phone contract around 2010 I think (aftermath of the recession). We've moved to a new house since then and they must have employed their usual methods to get in contact at the new address. The first DCA was Lowells who added a default a few years after the original default and were hassling for a while then stopped. It seems CapQuest have picked up the baton so to speak. Nothing was paid or acknowledged with Lowells. It's past six years now so are they still able to pursue this? I've advised sending a Statute Barred letter but thought I should get some advice here first? Thanks for any advice offered.
  24. I have just been to drop my son off to school, Shortly after most of the school run had finished. I witness the Private Parking company which our local council employ, Drive thought filming cars, I can only assume they record then check for infringements later. and send out PNC through the post. Is this legal, I only ask because I member a thread a while ago, which I believe they said it was not . The only difference is it was a static camera fitted to a car on a pole.
  25. So... We have recently had a case come up where a DCA was stating that a Mobile Phone Contract was part of the Consumer Credit Act of 1974. This raised a few questions so we'd like to clarify this stance. Currently - No Mobile Contract is subject to a Consumer Credit Agreement however they are exceptions to this rule and it is not always clear. When taking out a contract it can be done in one of 2 ways and this is becoming a focus of some companies. This provides a lot of flexibility allowing customers to upgrade early and their tariff automatically reduces after paying off the handset device cost on its own to the airtime agreement. Useful if after 24 months you want to keep the same tariff and dont have to adjust the tariff to get the best deal.
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