Redten Internet offer FREE computer woth £500 if you sign up for 3 years @ £19.99 pm!

firstclassidiot

There is a difference between Benji and others who were not transferred and that is the difference. They were not transferred for whatever reason and therefore there was a clear break in their contract.

They could not be transferred as singles because we were all transferred as a total group, whats called a paper migration.

By the time they knew that the singles had a remarkably good case, I suspect they decided to cut their losses and just release them; they could not offer them the continuance or reinstallation of the service they cut completely because that was not going to be o offer from NJP.

All the singles need to do is pursue any monies they are owed from redten and the contract ending with clode if this has not been done already.

Before anyone rushes off to court tomorrow there is a cheaper and often more effective route and that is to the Financial Ombudsman. After 30 days have passed since you raised the issue with Clode and you have asked Clode for the settlement you think is appropriate--for us it is the ending of the contract with Clode upon our getting out of redtenNJP services and no longer receiving the service from them--and they have either noot responded or responded in the negative you can aslk the FO to investigate the financial circumstances of the payments and loan etc.and how it was used by Clode and whay it was for using the evidence you provide to them, he will often return a favourablle verdict if your case is strong; the FO judgement is binding on Clode and if they dont comply all ou have to do is instruct the bailiffs to collect.
You must continue paying until this is done and the payments also come due to you with interest if you include that in your demand as once you leave redten, you are being deprived of that money for other purposes.

F.

firstclassidiot

Posts 2734/2735
quite correct; you must not stop your payments until it is sorted --I believe it would not be longer than about 3 months max and one is nearly gone.

There is sufficient paper evidence here for a judge to make a decision if that is necessary and he can do that on the basis of a paper submission. If Clode disagrees with that and tries to force a hearing then the judge will show his displeasure if they do not come up with strong refuting evidence. They have not got that and that is why they no longer do the broadband services bit. Look at the new terms for new comers --how many references did you see to PC or laptops there --only modems for the broadband ad they are the normal package with broadband. so in future it will be broadband package and purchase of PC/laptop maybe or maybe no hardware at all just reselling broadband like fast4.

So keep on in there, the longer they take to settlement the more expensive it becomes and their partners being embroiled in other court cases will do them no favours.

F.

incredibledisc

firstclassidiot wrote: »

There is a difference between Benji and others who were not transferred and that is the difference. They were not transferred for whatever reason and therefore there was a clear break in their contract.

They could not be transferred as singles because we were all transferred as a total group, whats called a paper migration.

By the time they knew that the singles had a remarkably good case, I suspect they decided to cut their losses and just release them; they could not offer them the continuance or reinstallation of the service they cut completely because that was not going to be o offer from NJP.

All the singles need to do is pursue any monies they are owed from redten and the contract ending with clode if this has not been done already. F.

I'm one of those "singles" apparently. Mailed my recorded delivery letters on saturday and will keep you posted on how I get on. Obviously I'm hoping for a result like Benjimoron but I have to admit that I've been nowhere near as tenacious as he has been - I gave up on calling Redten after a week after never getting through once:mad:

dafftbint123

FCI

I'm paying BT as of the 8th for broadband do you think the fact I was
prepared to move from BT to virgin to cease my BT landline to get me out of a product no longer suitable for myself give me any weight to my case. Like I've mentioned before BT are doing "internal home move" to keep me as a BT customer. I'm one of those who
can tot up 40GB of bandwidth in a month and my sole requirement was unlimited broadband. Having that awful 5GB cap and once hit your broadband becomes sub-dial up.

When my broadband is moved I'll ask what exactly am I paying you for.

I printed of the BT WHOLESALE SPTERMINATION page incase I needed it! I did try and get a mac code then but all I got was DATABASE ERROR.

Its now if my file ready for any action I WILL take.

So soon I'll be paying BT for my broadband and Clode for my broadband and free PC.

redflake

The only other way out without mac is going for an isp with LLU services.
Checked my local exchange and the only option is talktalk.
As anybody else considererd this option.
Link to see what you can get at you're exchange.
http://www.samknows.com/broadband/

dafftbint123

When a trader says that he will supply a customer with
goods or services at an agreed price, there is a legally
binding contract (not necessarily in writing) between them.
Many of the supplier’s obligations are set out in legislation,
such as the Sale of Goods Act 1979 which says, among other
things, that any goods supplied must be of ‘satisfactory
quality’ and ‘as described’ to the customer. Just as a supplier
can sue a customer who refuses to pay, so a customer can
sue a supplier who does not fulfil his obligations for breach
of contract. A supplier can also be sued if he persuades a
customer to enter a contract by making a false statement of
fact - or misrepresentation. Under this head, a customer’s
right to damages is governed in England and Wales
principally by the Misrepresentation Act 1967, in Northern
Ireland by the Misrepresentation (Northern Ireland) Act 1967,
and in Scotland by common law.
If credit is involved, the situation can be more complicated.
Often a supplier does not provide the finance himself, but
arranges for a bank or finance company to do so. Or he may
accept a credit card or trading check. In these circumstances,
under the Consumer Credit Act 1974, the credit grantor

(whoever provides the credit) normally becomes equally
responsible for any breach of contract or misrepresentation

by the supplier.

daddyman

If clode are saying in their email "we expect full service to resume very shortly." surely they are admitting we aren't getting the service we are paying for. What do you think? Is an email a legal document?

firstclassidiot

dafftbint123 wrote: »

When a trader says that he will supply a customer with

goods or services at an agreed price, there is a legally
binding contract (not necessarily in writing) between them.
Many of the supplier’s obligations are set out in legislation,
such as the Sale of Goods Act 1979 which says, among other
things, that any goods supplied must be of ‘satisfactory
quality’ and ‘as described’ to the customer. Just as a supplier
can sue a customer who refuses to pay, so a customer can
sue a supplier who does not fulfil his obligations for breach
of contract. A supplier can also be sued if he persuades a
customer to enter a contract by making a false statement of
fact - or misrepresentation. Under this head, a customer’s
right to damages is governed in England and Wales
principally by the Misrepresentation Act 1967, in Northern
Ireland by the Misrepresentation (Northern Ireland) Act 1967,
and in Scotland by common law.
If credit is involved, the situation can be more complicated.
Often a supplier does not provide the finance himself, but
arranges for a bank or finance company to do so. Or he may
accept a credit card or trading check. In these circumstances,
under the Consumer Credit Act 1974, the credit grantor
(whoever provides the credit) normally becomes equally
responsible for any breach of contract or misrepresentation

by the supplier.

Well put, exactly the position: we now just have to pursue it.
Tomorrow was my deadline for a mac code and response and if not forthcoming, I shall forward to clode what they need to do as compensation for the breach of contract; i.e. remaining payments, my expenditure in pursuing them and any fees I have to pay to bring it to court,plus 8% interest for the total and for each month they fail to cough up. They will have 14 days to send a cheque and a written letter cncelling the agreement with an guarentee of no retaliatary action on my credit rating.

And in case they think they will hang about my complaint to the FO is written to go, This week if I dont get a mac code, then I shall get BT to breach their tags. I will use a dial up account until I sign up with new provider. The cost of this will be levied at clode as it will then be them who owes me money since the finance agreement is with them. They're jointly liable with redten for the failure to provide the service but redten not jointly liable with them for the finance, they're own their own there so its off to FO.

F.

dafftbint123

I got my FO documents ready to fill in. They do ask we try to resolve it without using the FOS just like the courts. I expect to get my standard letter from clode soon. Thats when I'll send my 7 DAY NOTIFICATION OF FUTHER ACTION.

The FOS are cheaper than the courts too and the results are the same. Which Mag suggest you use 30 days to try to resolve matters like this without using Legal Action or FOS.

They Will exhaust their complaints procedure and it is as follows

V12/clode Complaints Procedure

We aim to provide you as the customer with the highest standards of service. However there may be occasions when we do not get it right, or fail to meet your expectations. If this happens we encourage you to speak to us so that we can put matters right. We would like:

• To receive your complaint to understand your concerns.
• To resolve your complaint as quickly as possible.
• To make sure you are satisfied with how we have handled the complaint.

Your initial concerns should be sent in writing to:
Customer Services Manager
Clode Retail Finance
19-20 Neptune Court
Vanguard Way
Cardiff CF24 5PJ
You may also contact our Customer Service team on 08701 608 806 if you prefer. If we cannot resolve your complaint straight away, then we will:

• Send you a written acknowledgement within five working days of receiving your complaint.
• Contact you by phone within two weeks.
• Send you a written update after two weeks.
• Contact you by phone between two and four weeks.
• Send you a full written update detailing where we are after four weeks.

If we have been still unable to resolve the matter after eight weeks we will write to you again,with either a final response letter detailing our findings, or if we are unable to provide a final response, a letter detailing why we are not in a position to provide a final response.

In the unlikely event you are still dissatisfied, you are entitled to refer your complaint to the Financial Ombudsman and we will provide details of how to do so. This should be done straight away, but must be within six months of the date of our final response. You must complete the internal complaints procedure before commencing dealings with the Ombudsman.


As per http://www.v12finance.com/Complaints.HTM




When I spoke to mark jenkins at Clode about compensation for Loss of service/cost of Telephone calls ect he refused.

I expect they think We'll all give up!

Not me Mark! Think Again. I'm like a dog with a bone! I wont let go.....

MyUserNamesTaken

Evening, all.

Firstly, let me start by saying that I've just spent hours reading through this thread. I decided to take a look, as I saw the offer when it was originally posted on here. I decided at the time not to go for it because I did not want to be held to a 3 year contract, having just gone through hell with Fast24/Netservices. Having read through the entire thread, I can only offer my sympathies, as I do know exactly what you guys are going through, having gone through similar myself back in October 2006. This is not the first time an ISP has done this. Check out Fast24, Biscit, etc. I was a CentralPoint Broadband customer who was moved over to Fast24 without notice or notification of the change. With CPBB, I was on Telefonica's backbone. With Fast24, I was on Netservices' backbone (Netservices bought up Telefonica too). Netservices pulled the plug on Fast24 - twice, in fact. The first time, it got sorted and we were back on. The second time, we all found ourselves wall gardened. The message displayed can be seen below:

http://www.ezeedsl.co.uk/E7FAQS.htm

(notice the above link says E7FAQS...it was edited to apply to Fast24, having been previously used to wall garden in E7even customers!)

As you can see, we were given two options...go to EzeeDSL, or get stuffed. Many went over to EzeeDSL as the only way to get back online. I complained and complained to everyone and anyone who would listen (BT Wholesale, OfCom, etc, etc). No-one could get in touch with Fast24. This left those who didn't go over to EzeeDSL in limbo, as we couldn't get MACs to migrate away - only Fast24 could get our MACs, and they had disappeared! Those who refused to sign up to EzeeDSL had to wait for a bulk cease to be ordered on our lines, which meant we had to pay connection costs to have ADSL re-enabled again to move to another provider.

Here are some of the reports on what happened:

It all started with Gio:

http://www.theregister.co.uk/2004/11/22/gio_netservices_dispute/

http://www.theregister.co.uk/2005/04/26/gio_internet/

Then e7even went down:

http://www.theregister.co.uk/2006/07/03/byebye_e7even/

Then Fast24:

http://www.theregister.co.uk/2006/11/09/fast24_cutoff/

http://www.theregister.co.uk/2006/11/06/fast24_follow_up/

http://www.theregister.co.uk/2006/10/31/fast24_uksolutions/

http://www.theregister.co.uk/2006/05/18/netservices_fast24/

http://www.theregister.co.uk/2005/05/24/fast24_broadband/


After Fast24 went down, V21/Biscit went the same way:

http://www.theregister.co.uk/2006/11/15/v21_goes_byebye/

http://www.theregister.co.uk/2006/11/23/ofcom_macs_netservices_biscit/


After all this went on, OfCom finally decided to bring in penalties for ISPs refusing to give out MACs. They also tightened up regulations quite significantly.

I know the situation you all find yourselves in isn't the same, as it's complicated by the finance company. However, at the end of the day, you're all paying for a service that you are not receiving. The finance company isn't financing the PC, it's financing the unlimited broadband you all signed up for. You're not getting the service you're paying for, as such, both the finance company and Redten are in breach of contract. Good luck with your fight.

( I can thoroughly recommend Entanet when you get away from these cowboys! 30gigs peak/300 gigs off peak for £19.99 with no tie in. One month's notice and you're on your way. )


EDIT: One piece of advice...get https://www.theregister.co.uk involved. They love helping out with this sort of thing.