Help Buymobiles.net claims i owe them money.

Telf29

Hello

I took a contract out with buymobiles.net February 2013 which when i took it out it was called buymobilephones.net. A sony xperia z for £26.

In april this year i broke my phone so i can rang t mobile and paid my contract up and took another contract out.

Buymobiles contacted me today 5 months after i ended my contract saying because i ended my contract early i owe them £414 the price of the phone or i have to sent the phone back to them But they would except another Sony xperia z as a replacement to return to them because i broke my original

I am now unsure on what to do i cant risk them ruining my credit score by claiming i owe them money because i am in a process of getting a mortgage but on the other hand i dint have that money spare.

Is this legal what they are doing?
If you go on their website you can read their terms and conditions. I have asked for what they are asking to be put in writing to me before i do anything.

Thanks for reading
Luke

B_M

You have paid up in full and so fulfilled your contract haven't you?
You could buy a second hand one from ebay if need be?
I was looking at taking a contract out with buymobiles, but I'll give them a wide berth if this is how they operate.
But, how did they find out? Your contract was with t mobile.

visidigi

Did you pay off the contract in full at the price you agreed originally, or did you pay off the minimum term at a lower amount? They will have sold you the contract based on a price, if you paid off the contract for the amount they originally did the calculation on then you should be fine.

They cannot expect you to pay the full price of the phone, that's unreasonable.

Telf29

I'm not sure how they found out it was finished but it took them 5 months ro realise.

I paid the contract off the price they quoted me but it came slighty cheaper because of paying of in full in one go I think if I remember rightly I saved about 40 pound.

Really not sure what to do I'm just waiting for it in writing but they say it is part of there terms and conditions

mije1983

I think these are the terms they are referring to.

4.5 If you purchase Contract Phone or Sim-Only we will often charge you less for those Goods than the amount we would charge if you were buying them without a Network Contract (the Retail Price). You acknowledge that us providing those Goods to you for free or at less than the Retail Price is conditional on you not downgrading your Tariff or ending your Network Contract during the Minimum Term.

4.6 Except in circumstances where you cancel your Contract and your Network Contract in accordance with clause 9 (in which case the provisions of clause 9 apply), if your Network Contract ends before the end of the Minimum Term or if you downgrade your Tariff then:
4.6.1 Within 7 days of the downgrade or end of the Network Contract you must:
(a) pay us the difference between the price you paid for the Contract Phone or Sim-Only and a sum equal to the Retail Price including VAT, plus the market value of the Promotional Products plus VAT; or
(b) if the Contract Phone or Sim-Only and any associated Promotional Products are in good working order, fully functioning and intact you can return them to us;

Not sure if this would be deemed an unfair term or not. Someone better placed could probably advise on that.

grumbler

Buymobiles.net Terms & Conditions

4.6 Except in circumstances where you cancel your Contract and your Network Contract in accordance with clause 9 (in which case the provisions of clause 9 apply), if your Network Contract ends before the end of the Minimum Term or if you downgrade your Tariff then:
4.6.1 Within 7 days of the downgrade or end of the Network Contract you must:
(a) pay us the difference between the price you paid for the Contract Phone or Sim-Only and a sum equal to the Retail Price including VAT, plus the market value of the Promotional Products plus VAT; or
(b) if the Contract Phone or Sim-Only and any associated Promotional Products are in good working order, fully functioning and intact you can return them to us;
and
4.6.2 You will no longer be entitled to receive any cash back, line rental refund or other offer or promotion associated with the Contract Phone or Sim-Only.
4.7 If you do not make the payment required under clause 4.6.1 then we will be entitled to take back the Contract Phone or Sim-Only and any associated Promotional Products and you must return them to us as soon as we ask you to do so.
4.8 If you fail to return any Contract Phone and Promotional Products under clause 4.7 we will commence proceedings to recover the cost of the Goods from you including but not exclusive to invoicing you for the sums owed.

This is the latest version of the T&C; earlier versions are basically the same.

TBH, I don't understand why they aren't happy if you correctly cancel the contract early and pay the full ETC. Is this because T-Mobile stop paying them the stagered commission? Why on earth do they stop paying it?

I don't think that they can report anything adverse to CRAs. Also, IMHO they are unlikely to take legal actions as no court would support them.

secretmsg

Basically t-mobile are the ones who are not paying commission to Buymobiles.net and their excuse is that contract is cancelled.. Sometimes its a loss for the network if contract is cancelled earlier as they make money from receiving calls and from much other things..

Buymobiles.net have even charged to those on o2 who have removed data add on which was ofcourse not a part of contract.

Best of luck dealing with these people.I am surprised how 3 network managed to get rid of all retailers (cw phones4u quidco etc.) but not from buymobiles.net obviously they must have kept such T&conditions that they were unable to get rid of them..

Silk

grumbler wrote: »

I don't think that they can report anything adverse to CRAs. Also, IMHO they are unlikely to take legal actions as no court would support them.

Fully agree although it would seem it would get passed on to debt collectors if not paid.


Interesting read though the applying T&C's
http://www.buymobiles.net/info/terms/id/1143/tcdid/1143


14.1.1. In the event that you are disconnected from your network for any reason within the period of your minimum term contract, you will be invoiced for the minimum sum of 240 GBP plus VAT per handset to cover the costs of the goods provided, loss of income and administration. Invoices will referred to Daniels Silverman Limited. All charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.


I've never noticed this one before ...
2.4. Goods and Promotional Products remain the property of until you have fulfilled the minimum term of your airtime contract.


My thoughts are £414 for an 18 month old phone that could be bought brand new for £299 has got no chance of being granted by a court.


If there was any reason not to buy from this bunch this is a prime example.

Silk

Telf29 wrote: »

I am now unsure on what to do i cant risk them ruining my credit score by claiming i owe them money because i am in a process of getting a mortgage but on the other hand i dint have that money spare
I have asked for what they are asking to be put in writing to me before i do anything.

Thanks for reading
Luke

Best thing you could do at this stage.
As it stands there is no risk to your credit rating so just wait for them to come back and update the thread.

Telf29

Thank you for every ones input i sent them an email last night and still have not heard anything back, also they said they would send a letter in the post to me but nothing yet.

The only contact in writing they have sent to me is an email with an return address and saying how to pack the phone. The email does not state or saying anything about why I am having to return the phone.

So far to me it seems they are unwilling to put anything in writing.

I will post any updates i have.
Luke

Telf29

This has been the reply by email

Thank you for your email.

In regards to this I have sent written confirmation through the post of the debt account open with us at the present time. This outlines what was advised during our telephone call.
If you paid the amount owed or returned the phone then the debt account would be closed and you would have no further correspondence regarding payments due to A1 Comms. If you did not settle this with us then this would be passed on for further debt recovery action.

When you placed the order you agreed to the Terms and Conditions of the network and ourselves, the contract for the airtime is with the network and the contract for the goods is with ourselves. I have included below the section which advises of this, however if you go the Help & Support section of the website there is an archive of all of our past and present T&Cs including the ones you agreed to.

14.1.1. In the event that you are disconnected from your network for any reason within the period of your minimum term contract, you will be invoiced for the minimum sum of 240 GBP plus VAT per handset to cover the costs of the goods provided, loss of income and administration. Invoices will referred to Daniels Silverman Limited. All charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.


This is what they have sent me just need to wait for the letter now.

It seems have a internal debt with them but when it goes to Daniels Silverman Limited would it affect my credit rating?

Luke