mobile connections problems

gushussain11

Dear All, Peace


I am aware that Birmingham Trading Standards are seeking legal advice regarding the enforceability of the contracts. I have also invited the Department to consider other matters as well.



They have also advised do not agree to any further terms or amendments. Lower Price Plans etc until the matter regarding enforcement is clear. (I made everyone aware of this view early on in the matter).

In contrary to my view, they are advising not to use the first letter (Trading Standards) and further have asked for patience until the above matter regarding enforcement is clear that is until Monday 10 Sep.


Those who choose, may write the second letter to a negative response to the first one.


That can be found here link : http://forum.mizfar.com/viewforum.php?f=4

Gus
Peace

desidude

meanchak201 wrote: »

For those who have just signed a new downgrade contract with service providers, read the following link. You will not be able to change your contract. I have tried to give good advice to all the real victims, but there are some people here have tried to ignore the facts. I have to repeat "if you think it is right to pay service providers through DD without receiving cash back from MC, you should not be here." This is perhaps my last thread in here.

http://www.birmingham.gov.uk/GenerateContent?CONTENT_ITEM_ID=112096&CONTENT_ITEM_TYPE=0&MENU_ID=1522

Cheers

But we have not signed any new contract. The downgrade is effective on the current contract. If the decison comes out to cancel the contracts without penalty to the customer even the downgraded customers should be able to use it and get their contracts cancelled.

gushussain11

Dear DesiDude, peace be on to you.

The fact that you haven't signed anything does not constitute that you did not agree the terms and conditions of the contract. In a court of Law how do you intend to persuade the Judge to agree that you had not agree to the Terms and Conditions. Even if the Judge accepts your were prejudiced, he would be fair to both parties.

Think of it like this. Say a employee had for some reason not signed a contract, or employer did not have a signed copy. Lost it or misplaced it. Do you believe this is sufficient reason for the employer to with hold wages (that is not pay the staff). They could say because you haven't signed the agreement they have no real duty to you. This view by the employer will not stand in a Court of Law, many reason including Statutory Rights.

Case Law (Please refer to the House of Lords Website) suggests even though you had not signed a contract, it does not mean that you did not agree to the terms and conditions that are bound upon you. The fact is, and the argument, had Mobile Connections kept they agreement you, would not have said that the Service Provider hasn't a enforceable agreement. They would be right. But you are right it is for a Court of Law to decide.

To argue you thought there are no Terms and Conditions between you and the Service Provider, would also be hard to support in a Court of Law.

Though if anyone here believes I am wrong, and has a link or title to a particular legislation or case law please advise. That would be very useful.

In addition it would be unethical because you are misleading in a effort to benefit from the Service Providers loss.

I hope you find this helpful. Though you may disagree with me, that is ok.

Gus
Peace

meanchak201

desidude wrote: »

But we have not signed any new contract. The downgrade is effective on the current contract. If the decison comes out to cancel the contracts without penalty to the customer even the downgraded customers should be able to use it and get their contracts cancelled.

I have write my second last thread here. Remember, you have singed a separate contract with service providers, you only signed with MC, but they claimed you were in a separate binding agreement with service providers regardless of issues with MC. Now you phoned them and made agreement on phone to a new downgrade contract, is it correct? Bear in mind that signing a new downgrade contract will not help to improve the situation (sorry to mention Opportnunists ealier).

Just to all the real victims, do not despair in this matter if we join together to fight against the fraudulent business. I have already contacted my local lawer, and written letters to my MP/Local Councillors. You can use the following to make further complaint:

http://www.writetothem.com/

Just to type your post code and you will find the names of your MP and councillor. I don't know how long it would take to get response, but there is nothing to loose.

Good luck

msaquib

I have 2 contracts with Orange and I have agreed to downgrade both lines to £20.00 line rental. This will take effect from tomorrow. If I try I may able to cancel the downgrade but this will mean I will received a bill for £80.00 to pay for the both lines.

No sure what to do now - What you all suggest?

Also I no lonegr have the phones in which the contract relates to. Any suggestions will be much appreciated .

Thanks

jaysudra

This is the best news I have heard since this whole saga started.

http://www.birmingham.gov.uk/GenerateContent?CONTENT_ITEM_ID=112096&CONTENT_ITEM_TYPE=0&MENU_ID=1522

Birmingham Trading Standards have finally said that as we have agreed a contract with mobile connections and not the service providers and therefore we can cancel our contracts with 30 days notice. They provide the template as well so go for it.

With the backing of Birmingham Trading standards and their legal team we should be a pretty good position to be able to cancel our contracts.

Lets get the ball rolling everyone. Service providers going to be getting a load of termination letters through next week

jaysudra

I am so happy I don't know what to do. Friday night gotta celebrate. I can possibly afford it now!!!

I'd like to thank the real leaders in publicising, making the main parties aware and most importantly keeping the people that needed it the most well informed and directing them.

In particular I would like to thank Gus and Mohammed A. They have been an inspiration.

There is still work to be done though and that is now to get our still owed cashback as people are still out of pocket of possibly over £500 each.

With a community like this anything is possible.

AP

I think this only applies if you are not within the 1st 12 (or 18) months of your contract. The statement clearly states " ... If customers are unsure as to whether such an agreement is in place, they should ask their network company to provide a copy of the contract ..." and only "In the absence of agreement as to a minimum contract period between the customer and their Network Provider, customers of Mobile Connections are advised to give notice to their Network Provider of their intention to terminate their airtime agreement."

Quentin

This template letter is in fact a standard 30 days notice to terminate the agreement which anyone on a contract can send in at any time.

This will be accepted by the airtime provider.

But if you are still within the minimum period of your contract, then you will receive an invoice which includes a termination fee (usually made up by adding the rental due to the end of the minimum period).

That invoice will be enforced if not paid on the due date.

As advised by Birmingham Trading Standards:

Once the notice period has expired, customers should stop using that service and pay any outstanding bills up to the point of termination."

I have underlined the pertinent words.

jaysudra

AP wrote: »

I think this only applies if you are not within the 1st 12 (or 18) months of your contract. The statement clearly states " ... If customers are unsure as to whether such an agreement is in place, they should ask their network company to provide a copy of the contract ..." and only "In the absence of agreement as to a minimum contract period between the customer and their Network Provider, customers of Mobile Connections are advised to give notice to their Network Provider of their intention to terminate their airtime agreement."

It says
'In the absence of agreement as to a minimum contract period'

which implies that we do not have a contract directly with the service provider (for whatever reason) and therefore can give a months notice and cancel.

It would be a bit pointless for them to tell customers outside of there minimum contract they can cancel as people already know that and if you were outside the minimum contract period then you wouldn't be entitled to the cash back anyway.