Future Comms mobile contract - joseph Stickler

[BankFodder]

Hopefully not necessary

[workaholic duck]

Site seems to be working for me now.

 

OK, FC responded to court papers and paid in £18 to my account!

 

Response says: contract £33 ex VATp/m

Discount £18 inc VAT p/m

Customer pays £15 excl VAT p/m

Customer promised £100 of her £171 termination fee after 3 months clear billing

All payments made on 18th, therefore due £100 on 18th April

Customer paid £36 on 12th Feb for discounts for Jan and Feb

March not paid but paid on 10th April ad hoc basis

Next instalment due 18th April

 

They are blatantly lying or bending the truth. They never said discount was incl VAT. They agreed to pay termination in full (£156.68) on the phone and by email. Email also agreed to pay £18 + VAT = £24.60/pm dated 25th Feb, on 18th of each month.

 

There was no mention of the monthly discount/payback incl or excl VAT. Just contract £33, discount £18, I pay £15. Yet I pay O2 £39.60 every month.

 

It was only after I had signed up that I found out I'd have to wait 3 months (or even 6 months!) for the termination fee that I paid in Dec 18. And certainly not only £100. 

 

The £36 they paid in Feb was after I had complained to both FC and O2 for weeks.

 

I was claiming £24.60 x 2 + £156.68 that they promised would be paid 'in March' + court fees. 

 

 

 

Edited April 12, 2019 by workaholic duck

[BankFodder]

Sorry but this abbreviated presentation of the situation is a bit difficult to follow.

Are you able to post up your claim please?

Could you also post up their defence please? All in multipage single file PDF format. Scans of the documents rather than photographs please. Then we can see exactly what's happening and advise you as to the next step.

[workaholic duck]

I copied it almost exactly as it appears on the form. 

Do you need to see the form I filed?

[BankFodder]

I think that would be most helpful if we could see the original forms please.

Also, did you say in a message to me that they had paid you some money?

 

[workaholic duck]

Doc_20190412_124508 (1) court claim_Redacted.pdf

 

Yes, they admitted owing £18 and paid it into my account on 10th April.

Suppose they think that's it, then.

[BankFodder]

Can we see the defence please.

 

Your claim form is now been posted up in your thread. I have redacted it.

Also, I have to say – for the benefit of other people who might be suing Future comms or anyone else, that this is not at all a satisfactory claim form because it does not layout the promises that were made and how the total has been calculated.

[workaholic duck]

I've scanned the form but it's pretty much as I typed earlier.

 

 

Binder1.pdf

[BankFodder]

Unfortunately it's very difficult to understand how they are addressing your claim in their defence. You haven't set out a very structured account of the money that you were promised and the dates upon which it was promised.

Please could you do that now. Use a chronological table format to tell us the date that the promise was made, the date that the payment was due, the amount of money that was due.

Please keep it simple – no narrative

[workaholic duck]

21 minutes ago, BankFodder said:

Can we see the defence please

 

[workaholic duck]

My payments made to O2:-

3rd Jan 19 £39.60

30th Jan 19 £39.60

28th Feb 19 £39.60

28th March 19 £39.60

 

FC cashback:-

12th Feb 19 £36

10th April 19 £18

Both these payments were only made when I complained.

 

The contract cashback states £18/pm. When I queried the VAT part I had an email (dated 25th Feb 19) confirming they would pay £18 + VAT (both parties) of £6.60 = £24.60 each month.

 

My court claim consisted of 2 x £24.60 owed for Feb and March payments. Total £49.20

Plus promised early termination fee of £156.68 that should have been paid in March.

 

This makes the total of £205.88 + £25 court fee. £230.88 same as on the form.

 

The payment dates seem to change according to who you speak to at FC. Originally it was 18th month. Then changed to 1st month during February. ???? Which to believe? Neither works anyway.

 

 

[BankFodder]

I'm still trying to get this properly organised.

 

So if your claim has been properly drafted, it would have been:
 

Quote

by a contract dated XXX date the defendant arranged for the claimant to receive telephone services under a separate contract from mobile phone supplier 02.
In return for allowing the defendant to broker the services, the defendant promised to pay certain sums to the claimant of which the following remain unpaid:
the claimant's termination fee with their previous supplier EE – £156 .68 payable by March 2018
a cashback of £18 plus VAT (total £24.60) to the claimant in respect of each monthly payment made by the claimant to o2 to be paid:
1st March 2018    £24.60
1st  date April 2018  £24.60

 

 

 

[workaholic duck]

I was working on 1st of the month, 1st March, 1st April, payments due.

[BankFodder]

But hang on, you issued the claim at the end of March didn't you? 1 April payment wasn't due yet.

[workaholic duck]

I'd given them 14 day's notice for one payment overdue and told them any future missed payments wouldn't be given notice.

[workaholic duck]

How on earth can I be precise when they keep moving the goalposts?

18th of month changes to 1st month, then back again when it suits them.

Early termination fee reverts to £100, not full amount as promised.

[BankFodder]

Quote

by a contract dated XXX date the defendant arranged for the claimant to receive telephone services under a separate contract from mobile phone supplier 02.
In return for allowing the defendant to broker the services, the defendant promised to pay certain sums to the claimant of which the following remain unpaid:
the claimant's termination fee with their previous supplier EE – £156 .68 payable by March 2018
a cashback of £18 plus VAT (total £24.60) to the claimant in respect of each monthly payment made by the claimant to o2 to be paid:
1st March 2018    £24.60
1st  date April 2018  £24.60

------------------------------------------

Total       £205.88 

=================

 

 

So is this correct now?

[workaholic duck]

Yes.

Court claim submitted 1st April.

[BankFodder]

Okay. Now they say they only promise to pay you a termination fee of £100.

They also suggest that there is a term in the contract which says that the termination fee will only be paid after three months of clear billing.

What can you tell us about that please?

[workaholic duck]

At the time of the contract we had a 3-way call with EE who said the early termination fee would be £171 (it was actually £156.68 by end of Dec when I paid it). FC agreed to pay it in full. 

 

After I read the t&c's on the FC website, it says there that they pay 3 months later. Or even up to 6 months! All a bit vague....

 

In an email from Liam Stickler, 25th Feb, after I had complained a lot to O2, he promised the termination fee of £156.68 would be paid in March.

[workaholic duck]

During the original call to lure me in they said they pay early termination fees if they are around £100. Then qualified it with ….well, not more than £1000.....SO vague. Now they are saying they only agreed to £100.....

[BankFodder]

I'm getting a bit worried about this claim. It seems to me that you may have entered into a contract where you agreed to receive a termination fee of £156 – but you have no evidence for this also, it also seems that you may not have reached a proper agreement as to the time for repaying you the termination fee and that the only evidence you have of any timescale are the terms and conditions on their website.

Of course, terms and conditions which are on a website are not necessary binding is something else has been agreed – but on the other hand, if you have no evidence of what was agreed in terms of the payment to be made or of the time by which it must be paid, then you have no choice but to fall back on the contents of the website.

Have you not got any emails or recordings of your phone calls to support your position?

[workaholic duck]

I told you I have email evidence. 

[BankFodder]

Please can you put it up here on this thread. Thank you

[workaholic duck]

 

 

Quote

Subject:	Future Comms
Date:	Wed, 30 Jan 2019 10:13:41 +0000
From:	Customer Service <customer.service@future-comms.co.uk>
To:

 

Hello ,

 

As discuss yesterday I am emailing you instead of giving you a call. I have calculated all the money owed to yourself, £156.68 as payment to your previous provider and backdated discount of £36. I have also had a months free line rental authorised as a goodwill gesture for the issues you have been having. I have be able to get the backdated discount and the months free line rental authorised for payment on Friday 01/02/19 and the buyout has been scheduled for payment in March 2019. I hope this is satisfactory for yourself and if you have any more concerns or queries please don’t hesitate to contact us.

 

Kind Regards

Megan Young

Account Manager

 

All views and opinions expressed in this email message are the personal opinions of the author and do not represent those of the company. No liability can be held for any damages, however caused, to any recipients of this message.

 

 

 

Quote

From: Processing <process@future-comms.co.uk>
Date: Tue, Feb 12, 2019 at 11:36 AM
Subject: Liam stickler, Future Comms
To: 

 

Hi ,

 

So I have spoken to my manager and I have set the standing order of your discount on the 18^th of every month. I have recified the discount to £24.60 so your bill would be £15 incuding vat after cash back. This is confirmed to be paid then for you.

 

Now I understand you most properly have had a patchy experience with our self’s however I am going to make it better for you. I hope me being your account manager now will make you have hope with us again. The app is called O2 priority and the link is http://priority.02.co.uk/ .

 

Just so you can keep track of your bill and have the visibility of your account. Also you can see your usage of how much data you are using on a month to month basis.

 

My direct email address is liam.stickler@future-comms.co.uk

 

My direct extension number is 1062.

 

If you can put good review with my name mentioned in the review based on the solution I have provided you with and the service that would be fantastic, if you do have any other questions please do not hesitate to give a call or send me and email. My extension number is 1062. Please find the link bellow

 

https://uk.trustpilot.com/review/www.future-comms.co.uk?languages=all

 

Kind regards,

Liam Stickler Business Development Manager, Future Comms Phone: 02393879403 Email: liam.stickler@future-comms.co.uk  Website: www.future-comms.co.uk  Address: Unit 4 The Mill, Royal Clarence Marina Weevil Lane, Gosport, PO12 1AX   All views and opinions expressed in this email message are the personal opinions of the author and do not represent those of the company. No liability can be held for any damages, however caused, to any recipients of this message.