Help needed! RE: My Phone Club LTD - ceased trading

kolinsin

Hi,

In Feb 2013 I signed up to an interesting service called My Phone Club, basically the service was a membership system which included a mobile phone and tariff.

About a week ago I signed up to another year of service and chose to pay the annual subscription up front (this was a more cost effective option as I was happy with the service)

Last night I received an email from the support team stating that My Phone Club LTD has now ceased trading with immediate effect (even though their website is still up - 08/02/14):

It is with regret that we write to advise that My Phone Club Limited (Trading as Connect) has ceased trading with immediate effect. We would like to take this opportunity to thank you for your custom and membership.
Should you wish to keep your existing connection and number we advise you to contact the applicable network direct at your earliest convenience, Connect will be advising the networks of this change of circumstance and asking them also to get in contact with you directly to facilitate continuity of your service.

The networks and numbers we have recorded for you are:
[#my name#] | [#my number#] | Orange|

(name and number omitted)[FONT=&quot]

[/FONT]
Please instruct your bank to cancel any standing orders with immediate effect. We will instruct our bank to return any standing orders that are received from the 8th February onwards, these may take a few days to re-appear in your account.

For those members that have outstanding balances due, these still remain due and will be passed across to the liquidator for collection. Payments for these balances can continue to be remitted to LTSB - Account My Phone Club Limited, Sort Code 309253, Account Number 15802560. Please quote your name and account number (This can be found on your invoice).

The email tells me nothing about what I can do as I have already paid for the annual membership, as far as what I can see in the terms and conditions there doesn't seam to be any content for this eventuality except if the contract is breached by either party:

insolvency

14.5 Either party to this Agreement may terminate
this Agreement by providing 30 calendar days’ notice in writing in the event that bankruptcy or insolvency proceedings are brought against the other party, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of the other party‘s assets, or the other
party goes into liquidation.


consequences of termination

14.6 If this Agreement is terminated and the Client
wishes to transfer to another service provider, Connect will provide reasonable assistance to the Client in respect of the transfer of the Client‘s Service in accordance with standard telecommunications industry practice.

14.7 Termination or expiry of this Agreement for
whatever reason shall not affect:

a) the rights and obligations of the parties which have accrued prior to such termination or expiry; or

b) any provisions of this Agreement which are of a continuing nature and any other provisions of this
Agreement necessary for their interpretation or enforcement.

14.8 On termination or expiry of this Agreement:

a) any sums properly due from one party to the other will become payable within 30 calendar days of termination;

b) the Client shall cease using the Services; and

c) each party will, on request, promptly return to the other all Confidential Information and other property belonging to the other which is in its custody or control or will destroy such Confidential
Information and certify such destruction to the other party.


From this I gather that I can cancel the agreement by giving 30 days notice but the terms do not indicate if I will be entitled to a refund for the service.

I am hoping that the new tariff I have signed up for will simply be transferred to the network (Orange/EE) and all will be fine but I can see a few possible outcomes:

1) Refund paid amount and handset returned to My Phone Club LTD

2) The handset is kept by myself and no refund issued

3) Orange/EE will continue the agreement on the contract until I need to pay again next year.

Is there anyone who could give me any guidance on this issue?
Unfortunately (conveniently) My Phone Club LTD customer service is not open over the weekend so I will need to contact them on Monday, I would like to get a better understanding of where I stand when it comes to rights and what I can and can't ask for out of this unfortunate event.

All help appreciated.

Take care
Kolin

grumbler

How have you paid? If it was a card payment, see Visa, Mastercard & Amex Chargeback Protection

If it was a credit card payment £100 or more you have Section 75 protection on the top, i.e. can claim money form the CC company.

[Deleted User]

In your position I would ring them on Monday and request a refund, however if they've gone into liquidation then you would have to send a claim to the liquidators as they will now be in control of the company's finances prior to winding them up.
They should give you the address of the liquidators in this case so that you can contact them directly.

Also try Grumblers suggestion if that applies to your particular case.

Good luck with your claim.

SteveHenshaw

Looks like a fly by night business from the website.

Do a chargeback

kolinsin

Hi,

Thank you all for your replies.
I paid a standing order (one off) transfer directly into their account from my debit account.
I know I won't know much until I am able to contact them on Monday but just wanted to have an idea of what to expect/options.
I understand I might have to contact the liquidation company but have no experience of dealing with them and have a bleak view of a positive outcome on my part, has anyone has any experience of dealing/claiming directly with a liquidation company?
Once again thank you all for your responses, I will be sure to add any further findings to this post encase it will offer anyone else any help.

Take care
Kolin

Jon_01

If it was a bank transfer then you can't claim it back through the bank. You'd have to contact the liquidators.

As a customer you come at the back of the line. The Tax man, vat and other government dept get their money first and if there's any left it gets divided out as so much in the pound (so 5p of 8p ect). That's if there's any funds left, of course...

jhp

Same people at Staples !! http://www.staples.co.uk/connect_home_subsite

kolinsin

#Update#
So I have been trying to contact them since yesterday but am unable to speak with anyone.
Looks like I will have to wait until a liquidator is appointed, how would I be able to find out other than speaking with My Phone Club LTD? Is there a publicly available listing?

I did on the other hand managed to speak with Orange Business customer service, who reassured me that my phone would not just stop working or if in the unlikely event it did there is a very simple work around, for once a network's customer service agent who was actually friendly and helpful!

Anyway thanks again all who posted, I will keep this post updated as and when.

Take care
Kolin

tyllwyd

I would try writing to the liquidators using the My Phone Club address details - the liquidators should have arrangements for collecting mail.

kolinsin

#UPDATE#

So since I last posted I have had a rough ride.
For a time my handset was fine and I received more info from My Phone Club Ltd stating that the Orange will be in touch with account holders to arrange continued service.

Needless to say I never heard from them and on 20th Feb my phone was disconnected/barred.
I got back in touch with Orange Business customer service and spoke with the agent I spoke with before about the account, he assured me that he will work something out and get back to me by the end of the day...

As promised I received a resolution by the end of the day! My handset is now working on the original number and all seams good.

Turns out that Avenir Telecom is in the process of taking over the accounts from My Phone Club Ltd and from what Orange customer service can see Avenir will continue and honor the agreement I have signed up for through My Phone Club Ltd. I have emailed them directly to find out about either continued service or refund which I am waiting for.

Hopefully everything will be fine now, my hat goes off to the outstanding service from Orange Business customer service. I understand their tariffs might be a little more expensive than normal Orange tariffs but the extra for a UK based customer service dept that actually takes a strong commitment to resolving issues is more than worth it.

Once I have a response back from Avenir I will post here encase this post can be of any help to anyone in the future.

Take care
Kolin