Help Buymobiles.net claims i owe them money.

Silk

boatman wrote: »

It would appear that most people in this thread who have been affected have completed the contract, either by paying the requested amount or the contract has been terminated by actions out of their control, in both cases, the network has taken money, some of which should have gone to the shop, it would appear they have failed to provide the correct amount. As has been said if buymobiles want to take it to court its up to them but i don't think they would get a thing.

As I've already said a number of times regarding this, it won't be brought to court by buymobiles.net they will just pass it on to the debt collectors.
The issue is in the terms of the T&C's between buymobiles.net and the customer.
Whilst the sums they require are unfair the fact remains that the customer is liable.
The easiest answer is to make an offer for a nominal amount and hope they refuse it. If and when the debt collectors arrive issue a cease and desist on the grounds of amount being in dispute.
If buymobiles.net wished to take it further they would have to issue in court and that would be too risky for them.

boatman wrote: »

Definitely no IF's about it. There is a whole thread on here where numerous cases have been won through CISAS, there is no doubt that T-Mobile breached the contract when they increased the prices in 2013/14.

The problem is that buymobiles.net are not a member of CISAS

mobilejunkie

ConsumerGuy0016 wrote: »

"it is a matter of detail and opinion" "a court may or may not decide" - lots of hypotheticals here yet you give your advice on this forum as if it is fact?



Ahh, so you are spineless and feel everyone else should be equally as submissive.

It's clear here that BuyMobiles are being unreasonable, so I would advise the OP that given the amount of money at stake it's worth contesting the charges instead of doing a MobileJunkie and paying up in deference.

You can't even get any facts right. I have never told people to simply "pay up". If people choose to follow your misguided "advice" they can. It seems someone encouraging people to go to court blindly when it's not their money at stake is the spineless one. I've actually sued Buymobiles three times - how many times have you done so, Mr. gung-ho with other peoples' money??

ConsumerGuy0016

mobilejunkie wrote: »

You can't even get any facts right. I have never told people to simply "pay up". If people choose to follow your misguided "advice" they can. I've actually sued Buymobiles three times - how many times have you done so, Mr. gung-ho with other peoples' money??

It's irrelevant how many times you've sued BuyMobiles unless you've taken them to court over this particular issue.

Your advice is misguided and contains lots of "I have legal training therefore I know" type of comments, there are no facts to contend with as far as your posts - you're yet to actually provide any specific cases where BuyMobiles or the Debt collection agencies working on there behalf have actually succeeded in court with this type of claim.

Arguably therefore it's far more 'gung-ho' simply to pay up several hundred pounds just because some dodgy and lazily-worded T&Cs say so.

It seems someone encouraging people to go to court blindly

If you'd bothered/had the capacity to read other people's posts you'd have seen the bit where both Boatman and I have said that the debt collection agency/Buy Mobiles were unlikely to actually take this to court

boatman

Silk wrote: »

The problem is that buymobiles.net are not a member of CISAS

The point was that T-mobile defaulted on their own t&c's by increasing prices mid contract, they are a member of CISAS. Mobilejunkie doubted that a mobile company had defaulted on their contract, I was pointing out that they had.

would you need to offer buymobile anything if you could prove that you had completed the contract, e.g. CISAS decision showing that t-mobile had not kept to the terms, as the network is an intregral part of the contract.

Silk

boatman wrote: »

would you need to offer buymobile anything if you could prove that you had completed the contract, e.g. CISAS decision showing that t-mobile had not kept to the terms, as the network is an intregral part of the contract.

You would because of the wording of the T&C's ie early termination for any reason ...or whatever the exact words were.


There is no doubts this company are parasites using the terms to get as much money as they can which is way above the actual loss to the company.
Instead of asking for the actual revenue lost (if any) they are trying to take the customers to the cleaners

nickthegreat

Silk wrote: »

You would because of the wording of the T&C's ie early termination for any reason ...or whatever the exact words were.

you would think that the network would then be responsible for any costs incurred from their breach.

Silk

nickthegreat wrote: »

you would think that the network would then be responsible for any costs incurred from their breach.

Why should they ?

boatman

nickthegreat wrote: »

you would think that the network would then be responsible for any costs incurred from their breach.

The truth is they almost certainly are, but it would be for a court to decide.

nickthegreat

Silk wrote: »

Why should they ?

because sticking to buymobiles' T&Cs relies on BOTH your network provider and yourself adhering to the terms of your contract, or you accepting that they can do whatever they like with no recourse (which is clearly contrary to the contract).

you shouldn't be punished for the other party breaking their contract when the terms of both companies, who work together, are so inherently linked.

kk20

People can argue the toss all they like, at the end of the day the OP signed a contract with buymobiles and their T&C required you to keep your contract running throughout the term. They do not care that T-Mobile breached contract - buymobiles only cares about a contract you signed.


OP is quite within their rights to argue the matter in court and let the magistrate decide if this is an unfair term.


At this moment in time the OP broke a term in the T&C set out by buymobiles. The clause wasn't hidden and is quite easy to read. It wasn't hidden on the site and presented at the time of ordering (I know because ive used buymobiles before). OP owes them money until the OP challenges this in court.


speculation: Why do you think buymobiles can offer phones + contract at (often) £5 to £10 below the operators monthly quotes? This is because they probably get kickbacks for customer retentions; leave early (for whatever reason) and buymobiles wont get the kickbacks so they chase people for money instead. Unethical? Personally I think not really, you got a cheaper contract out of them and the caveat you need to stay with the comms provider throughout the term. Odds are no one read this clause.


Personally I don't think this is an unfair term due to the cost savings you gain going via the reseller. Your contract is both with tmobile and buymobiles, tmobile breached theirs and you get out of that contract but not necessarily buymobiles contract. That is for a magistrate to decide not keyboard warriors.


edit: OP could (of course) take T-Mobile to small claims and claim "losses" due to breach of contract. Doubtful this would fly but another avenue if you have nothing to lose.