A right mess and my fault!! Help please - UPDATED

trickytrolleys

But, from the perspective of the boy, it has nothing to do with contracts atall

trickytrolleys

FoneFreak wrote:

I Am Not A Lawyer - IANAL

cheers - neither am i ;-)))) (but I will be!!)

trickytrolleys

Wig wrote:

He wasn't told that he couldn't use the phone, making this stick in court would not be possible IMO IANAL (good enough for you? - though I can't see why anyone would not take advices on an internet forum for what they are, which is points of view held by Joe Public nothing more nothing less. It should not be IANAL (that should be taken as read) it should be for the rare occasion a lawyer acually turns up.....IAAL)

I dont have a problem with people giving advice / opinions but I dont think its very good to take a very authoritative tone when you are not fully equipped to give that advice (not you personally just posters in general) I just think some people will take what is said as gospel possibly to their detriment, people should point out that they dont in fact KNOW it for a fact but that they THINK they are correct

trickytrolleys

FoneFreak wrote:

mcelehinney, a law degree does NOT equip you to dealing with PRACTICALITIES. This is a minor issue and the fault wholly lies with the OP. I find no reason why the OP should seek legal help and be a WASTE of courts valuable time and resources for his mistake. The child could NEVER have been into a contract. If the family is decent they would pay the bill, but a decent person who sold the phone would not expect them to foot the bill for his mistake. Pay it up and releive yourself of further stress. Dragging this into court will only ADD onto your stress.

You have just demonstrated my point Fone freak - on the facts of what has been said this has absoluely zero to do with contracts and everything to do with theft. If, and i say if, the boy used the sim knowing it was not his to use then he HAS committed an offence under the theft act, as you say, the practicalities of this is proving it, which IMO would be very difficult. Even if the boy was 46 year old man he wouldnt have had a contract!!!

Wig

mcelhinney wrote:

Whats IANAL or IAAL ????? Im doing a law degree and have completed the criminal law part so I do have a fair idea of what im talking about :-))

I know you know now, but I like this line so I'm going to put it up:

Google is your friend

google "ianal iaal"

Wikipedia is also your friend

I disagree with you that everyone should qualify their answers with IANAL or "I think". I think that only a fool would rely on advice from here without first double checking the advice is correct. Sometimes I do qualify my answers, but I can't be bothered to do it everytime. I know you're speaking generally and not specifically about me but I'm just giving my opinion on this.

trickytrolleys

Wig wrote:

I think that only a fool would rely on advice from here without first double checking the advice is correct.

I suspect you may already know this wig, but there are many fools around!!

blatisingh

well guys orange have admitted liability as they finally ackonwledged that i had given instructions back in december to disconnect, the only way they honoured it, was becuae i found a copy of a letter in which i wrote back in january complaing about another mess orange had made, i mentioned i had disconected a line in protest!!!!!!!!!!! hence i had inadvertently given written proof of dissconection

I am now writing another letter asking for compensation of all stress and discomfort caused!!!!


Bottom line is orange sucks and cant do their job, T mobile here i come

Poppy9

Don't do it. I found T Mobile worse than Orange and O2. Their CS really, really sucks.

IvanOpinion

blatisingh wrote:

I am now writing another letter asking for compensation of all stress and discomfort caused!!!!

You don't actually get compensation for stress and discomfort (adults are supposed to be able to handle the odd curved ball thrown at them) ... your get compensation for actual loss (cost of phone calls, letters etc, etc.). What you may however find is that they will offer you a gesture of goodwill (I would be surprised if they did not ... however it may be in Orange airtime).

Ivan

zorber

haveagoade wrote:

This is the kind of nonsense which iswhats wrong with society today! How can you blame this on the negligence of the OP, It is the kids greed and irresponsibility in taking advantage of the situation.

Well if the OP was negligent in send his own sim who is?? Certainly you cannot blame a kid who thinks he may have some credit left on a card, who in their right mind would think they have recieved a contract sim that hasnt been cancelled.
I sympathise but i dont think the money is recoverable

As for taking advantage of a situation is that why most of us are on this board to take advantage of situations, perhaps were T&Cs havent been bolted down and loop holes appear, if it wasnt for these boards we may not have known about them.
For those of use that have taken advantage of discount codes printed on these boards is that not the same as here? ie getting something that was not ment for us and taking advantage!!!!!