mobile connections problems

gushussain11

Dear Br. manutd99 , Peace on to you.

Accept my sincere apologies for not responding to your question earlier. In response and in general please be advised as follows, and yes I believe the letter will work, but there may be a slight struggle, I'll have to see and then take them on, for the worse of in my community, some who had become debt free and no who will of no fault of their own, become entrapped in this matter.

Peace on to Everyone.

On the first instance decide what is that you want.

In most cases its cancellation suggested by most users.

Cancellation when within the minimum term, constitutes a breach of the terms and conditions, that is between you and the service provider. For that breach, (that is that you want to cancel in less time than that which
you promised you would) you would be expected to compensate the service provider. When canceling for the reason (please read my previous posts
on the forum), stating reasons of injustice suffered from their dealers
unlawful actions. Consider carefully what you can compensate them with
an amount for this example say return of any merchandise that
the service provider had subsidised.

If the Service Provider rejects the offer, request what amount they are seeking and how they come to that amount.

At this stage be persistent with what you previously offered. Do a
financial plan, showing you cant afford any more. They aren't normally
that hard at this stage.

If they persist, and take legal action against you, must acknowledge and defend the claim (see Solicitor, Trusted Friend, Community Leader, MP, or myself, but you must act). In case you have postal problems, ask the service provider if he has served and filed the claim form. We do not want them to get default Judgment. Record and follow up everything via post or email. Email is as legally binding as letters and will be useful in Court.

At the Court level we will invite the Court to strike out the claim for being an excessive penalty. If the evidence by the service provider is accepted that there maybe more to this, and the penalty being reasonable, we will then indeed argue that you could not afford to stay within the terms and
conditions, and you had reasonably offered to compensate the service
provider, as offered and this was in no way unreasonable. Furthermore
we will invite the court to consider the injustice suffered by you and
the fact the service provider could have interrupted this. Press
releases suggest that Agents are from time to time suspended for
various reasons.

The Judge will have to make his Judgment, to which both parties have a right to appeal.

I will stop there, at this stage, my early sources suggest, that the
service providers are likely to go for Dial a Mobile PLC. This hasn't
yet been decided by the service providers and not for a few weeks
yet, not until they have a clear picture of the amount of money lost or
stolen by Mobile Connections, though they may choose to
act collectively, or independently, that is their choice.

I am trying to discuss this legal principal over with Martin Lewis,
Moneysavingexpert.com and am trying to arrange a meeting at the court
yard to discuss this with a Judge.

I have been working on the draft to OFT to issue a test case to High Court, in this scenario, on how the law should be applied that is unfair contract terms, comman law, and of course the sale of goods act, with regards to a penalty for breaching the terms and conditions of a promise of not to cancel until a minimum period is reached, and for the Service Providers therefore to set clearly and plainly for the benefit of consumers, amounts of money involved, when canceling contracts BEFORE HAND.

In my view it is unlikely Service Providers would want to take legal action against those who are the most vulnerable, other than the fact they hope Default Judgment. Though its to early and hard to say.

With regards to Credit History I have already advised what to do. Please check previous posts by me.

With regards to Direct Debits I have already advised what you need to do, please check previous posts.

Sign the petition of Mohammed A (not linked with me)
Contact Liam Byrne via email = only to say = please help, I will go into debt
because of Mobile Connections. Though a full explanation is better.

Contact BBC, News papers, and the Service Providers them selves for help.

Gus

Peace be on to all.

gushussain11

Peace be on to Martin

By Miracle if you are checking this thread, Sir, I could do with your help.

There are allot of people in my community that will suffer, because of barriers, those who had taken care of their debt will once again be over taken by it.

I could really do with some indication by your colleage Judges, on the above points I raised.

Please if you can help, please help with the above point

Any legal people, your views and comments are welcome.

Gus.

Its late, and I am tired, Peace be to all on MoneySavingExpert.com

justpaper

alot of info on the company here http://www.moneysupermarket.com/community/forums/t/mobile-connections-5728.aspx

mobilejunkie

Justpaper; I'm not sure that is "information". More like a slanging match which will lead absolutely no-where!! I would like to think this forum will be of a higher and more useful quality.

gushussain11

Dear All, Peace on to you.


I have requested permission to issue a petition on the Prime Ministers website, for which I will need everyones help.


The idea behind it is that, I would like royal accent for a new legislation, maybe in 12 - 24 months to compliment the already sale of goods act, to hold liable for misrepresentation and breach of contract, both the service provider, and the agent. It is somewhat similar to the consumer credit act, where a retailer, breaching the terms and conditions, goes out of business and you can still seek a remedy from the credit card company.


The other part is the increased cost to the service users. Though I suspect there isn't really going to cost the service providers any more because as you may be aware they are already moving towards this. But we all want them to tell us how we can help each other.

Including this to be added into legislation, gives that extra protection, to all. That is The Agent, The Service Provider, and the Consumer.



In addition I wish to make it easier for Service Providers, to go after, companies who think its normal, to break terms and conditions with the consumer, causing massive unrest in communities and the industry, simply because they can hide behind they liability is limited to the share and therefore they are above the law. Legislation would make it easier for Service Providers to act early, and involve investigation as soon as it is suspected that defraud is planned. The Directors hold attitude were not worth a penny so why come after us. The Service Providers take the losses, and we all end up paying for this. I want that changed, don't you?


Don't get me wrong, I want the mobile phone industry to do even better, but in a fairer way, to all that are concerned.


I will post further details tomorrow.


Gus

Peace.

maz---_2-2

As the other forum on meneysupermarket has ended due to ignorant and childish prescribers please only post constructive and helpful tips on here. As I know some of us find these helpul.

allthatmularky

I think a bit of perspective is perhaps called for. To request petitions on the PM's website is a bit over the top (think of numerous conflicts in the world far more worthy).

I know this is annoying and costly to those involved - but I think building small is the way to go. Get as many of those affected by this co involved as possible - get your local paper, Trading Standards, MP involved. Prove the problem by other cashback co's that 'disappear' and try to enlist the support of their disaffected customers.

In law there is no comeback - since the contract for cashback is with the retailer and the airtime with the network - you cannot expect a supplier to dictate terms to the retailer (it would go against competition rules). It has to be a voluntary code of some sort within the mobile industry.

The network providers have become more circumspect in recent times - basically covering their backs on any regulation by becoming more demanding in who they allow to act as an agent.

Again in summary - I think you need to build a case through the numerous incidents of cashback co's folding - then go to authorities/networks to stop these sharp practices. I cannot see a recourse in law.

scousers

can anyone give me the adress where i can send the template letter

gushussain11

Dear Friend allthatmularky, (Alias) Peace be on to you.

Thank you for the view and post you raised. This is considered by me, and I will keep it in mind. Though if I take the opportunity to make a quick response.

Compared to the problems of the world, you can argue that we should dedicate all resources to that extent that we stop making any laws in our own Country for the benefit of our Citizens. Withstanding the fact, I am not saying don't enforce laws, so please don't confuse this comment.

If I be specific, take the Consumer Credit Act 2006 for example. Legislation recognises consumers are not on a equal footing with the organisations. Nor do consumers demand amendments to the terms and conditions they sign to the extent that they are not negotiated. Most don't have the same legal support in comparison with organisation. Legislation bring about fairness and balance.

With your view that time is too precious for the House of Parliament that they should spend time on or more important items of agenda, even if they for a hour not mock each other, and allow consideration for this, thats all they need to give into consideration to make a valid vote. On that therefore I disagree with you.

In my life, I have never waited for 1 person, or 100 persons, or 1000 persons, or 1000000 persons to suffer in justice, before taking action. If I consider a party may be disadvantaged unfairly I will act before that unfairness takes place. It is not until know I realise the unfairness caused to service providers, agents, and the consumer, and therefore I shall do what I can to encourage legislation to bring about that fairness.

Though I accept your point, that I should work from the bottom. A online petition, does not take excessive computer resources and is working from the bottom up. In the view misrepresentation and other illegal action by agents or consumer or service providers effect everyone who has mobile. Therefore this is a valid petition to seek that Parliament consider the unfairness and protect the industry.

I understand that you shall not sign the petition, and I am grateful for your explanation why. I hope that if it is bought about in to parliament and approved into law, that it brings about the good for all, that I intend for it today.

Gus
Peace

gushussain11

Peace to all.

Please avoid causing problems for organisations that are trying to help, with causing unnecessary disruption to the flow of work. They have other customers, and it should be fair.

Please be advised:

Dear Gus,

EVERPLUS LTD Company No: 04277223
DIALAMOBILE LTD Company No: 05019661

Thank you for your email regarding the above companies. To date 3/9/2007 at 11.35am, no appointment of liquidator/receiver has been filed.

Documents can take up to 8-10 working days from receipt to process depending on the volume of work received. It can then take up to 5 working days for the scanned documents to be available once they have been accepted.

Yours faithfully,

Dawn Jones
Companies House Contact Centre

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I will keep you informed on this forum.

Gus
Peace