Well that's a kick in the nuts....

hollibobs_2

ridgers84 wrote: »

I stupidly misplaced the contract when I was moving house

Is it not available online?...

FireWyrm

ridgers84 wrote: »

You had a contract with T-mobile for the ‘airtime’ and an agreement with Buymobiles.net for the product provided (Samsung Galaxy Note 2).

Not unless they can prove it and show that they explicitely made you aware of this and drew your attention to their Ts&Cs. As far as you are concerned, your 'contract' is with T-Mobile.

ridgers84 wrote: »

As your order was placed via a telesales agent you have a ‘paperless’ contract therefore the terms and conditions of both Buymobiles.net and T-mobile act as your contract. These terms and conditions can be found on our website www.buymobiles.net.

No. You were completely unaware of this outfit and how and where they connect to T-Mobile. Nowt to do with you.

ridgers84 wrote: »

T-mobile notified us of your disconnection from the network before the minimum term (24 months) had passed. This is a breach of contract.

No, it really isnt. You bought out of your 'contract' with your creditor by paying the outstanding total. End of.

ridgers84 wrote: »

This is unfortunately not the case for Buymobiles.net.

Boo hoo

ridgers84 wrote: »

Your contract disconnection has resulted in T-mobile not paying us for the connection of your line and/or taking back money that they have paid to us.

Ah..now we get to the nub of it (in bold). That's their problem, not yours. T-Mobile supplied you with a contract for a handset and airtime. You paid it off. The fact that T-Mobile have taken money BACK from BuyMobiles is nothing to do with you.

ridgers84 wrote: »

This financial loss to Buymobiles.net is the reason we are now requesting that you pay for the goods that we provided.

You did. Tell them to speak to their customer T-Mobile who 'bought' the phone from them and supplied it to you as part of your 'contract'

ridgers84 wrote: »

It is the network payments that allow us as a business to provide goods for free or less than the retail price.

Not your problem. You have paid the only contract you had...with T-Mobile. What happened consequently is nothing to do with you.

ridgers84 wrote: »

The Buymobiles.net terms and conditions clearly explain this.

And if you had them, you would have read them...since you didnt and were evidently completely unaware of this ad-hoc arrangement with BuyMobiles, they can prove it in court.

ridgers84 wrote: »

The act of paying off your line rental upfront is classed as a network ‘buy out’ effectively ending your contract before the 24 month minimum term period.

Yes. That is the definition of a contract...stupid woman.

ridgers84 wrote: »

Our ‘request for payment’ letter states that we require a payment of £468 to resolve the matter or the return of the handset.

No. You have bought it. You paid the contract...although, frankly for this much hassle, I might be inclined to do just that. Not necessarily in good order either.

ridgers84 wrote: »

If you opt to return the handset please ensure it’s in full working order/good condition. We would strongly advise that you use Royal Mail special delivery to return the handset. The return address is;

A1comms
Contract House
Turnpike Business Park
Alfreton
Derbyshire
DE55 7AD

We require the payment or the safe return of the handset by 26th June 2014 at the latest.

Do you now. Well, you're going to be sadly disappointed.

ridgers84 wrote: »

Ok, a couple of things here. 1) I never received a letter, they admitted that they sent it to my old address and it was returned to sender. 2) am I able to ask them how much the fee is between themselves and t mobile?

Not your concern and frankly, i would be DEMANDING an explanation from T-Mobile as to why their supplier is chasing YOU for money that should have been paid by THEM.

ridgers84 wrote: »

I'm not sure where to go with this next? Any advice appreciated

The ombudsman and trading standards at a first guess.

tomtontom

ridgers84 wrote: »

I stupidly misplaced the contract when I was moving house

You need to establish what you received, either with the phone or by email at the time you entered into the contract. The information on their website would imply that you are liable for their loss (which may not be the full amount claimed), but whether this applies to you depends on what you actually agreed to.

Million_Percent

It is there in the buymobiles.net Ts & Cs unfortunately. I'm not sure you'll be able to successfully argue against it. When you buy a mobile from a site like this you are entering into a contract with both the retailer and the network. It boils down to reading the small print, I'm afraid.

It does stink in that it would be fair to expect that paying the contract off in full would result in you keeping the handset in the same way as if you'd fulfilled the contract but that isn't the way the Ts and Cs are written.

I imagine the most cost effective thing would be to return the handset to them and buy something else. Chalk it down to experience and read the Ts and Cs next time.

Million_Percent

FireWyrm wrote: »

Ah..now we get to the nub of it (in bold). That's their problem, not yours. T-Mobile supplied you with a contract for a handset and airtime. You paid it off. The fact that T-Mobile have taken money BACK from BuyMobiles is nothing to do with you.

Incorrect. The contract with T-mobile was for the airtime only. The supply of the handset was via buymobiles.net and is subject to the Ts and Cs of that retailer. Those terms state that if the contract between the customer and the network is terminated or the tariff downgraded before the minimum term then the customer is liable for the retail price of the handset plus VAT or must return the handset in working order. I don't like it either but it is there in black and white.

sourcrates

I have used buymobiles before, they act as an "introducer" the networks pay them to get them customers.
The terms and conditions are, unfortunately, all clearly stated on there website, If you had kept the contract for 6 months, then the fee would not of applied.




3. Equipment: You may get Equipment from Us when you take out a Price Plan. Unless We tell you otherwise, You will only own this Equipment at the end of the first six months of the Minimum Term (see point 3.14 and 3.15 of the terms and conditions). You will be required to take all reasonable care with the Equipment and keep it in good condition as if You owned it

Million_Percent

I bought my mobile from affordablemobiles.co.uk and their terms are virtually word for word identical. I think they should make it clearer because it is counter to what a consumer might expect.

I guess it is how these sites are able to offer such good deals.

custardy

FireWyrm wrote: »

No. You were completely unaware of this outfit and how and where they connect to T-Mobile. Nowt to do with you.

Completely unaware of a company they purchased from?
I would say thats not a smart line to take.

OP,I would bounce this back to T mobile.
They got their monies and have obviously went for more be withdrawing their payment from Buymobiles.

ridgers84

sourcrates wrote: »

I have used buymobiles before, they act as an "introducer" the networks pay them to get them customers.
The terms and conditions are, unfortunately, all clearly stated on there website, If you had kept the contract for 6 months, then the fee would not of applied.




3. Equipment: You may get Equipment from Us when you take out a Price Plan. Unless We tell you otherwise, You will only own this Equipment at the end of the first six months of the Minimum Term (see point 3.14 and 3.15 of the terms and conditions). You will be required to take all reasonable care with the Equipment and keep it in good condition as if You owned it

I did keep the contract 6 months. It was a 24 month contract and I just paid the remaining 5 months off which means I had the contract for 17 months?

sourcrates

ridgers84 wrote: »

I did keep the contract 6 months. It was a 24 month contract and I just paid the remaining 5 months off which means I had the contract for 17 months?

Well in that case, according to there own T`s & C`s, plain as day, on there own website, the phone was yours to do with as you wish !!


I would write back and quote that to them !!