T3Collect on behalf of a1comms/buymobiles.net - Data Protection breach?

gr1340

Hello all.

I have been trying to get this issue resolved but not getting very far.

To sum up, I took out a contract for a mobile via buymobiles.net. I ended the contract early, paid off the airtime and thought nothing of it.

That was until A1comms decided to send me an email (last year) stating I had to pay back the cost of the phone. This then went to the Burlington Group and has now been passed to T3Collect.

I have argued the case with numerous letters (reported to Watchdog and OFCOM, although not the Financial Ombudsmen yet) as I believe that having this 'extra contract' hidden in the T&C's is unfair.

I also believe they have broken their own contract by supplying me with a difference colour phone than the one I ordered as one of the letters I got sent stated several times in capital letters 'WHITE' and the phone I got was grey. However, this is not the main point I am arguing about.

What has annoyed me is that the first letter that T3Collect have sent was to my address but not my name. It also has another persons postcode and purchase details (phone model, amount due, account number) in the letter.
I am in no doubt that someone else has therefore been sent my name, postcode and account details incorrectly.

I have no intention to pay purely because the important point of entering into an extra contract with buymobiles.net is not mentioned anywhere other than being hidden away in pages and pages of T&C's.

Where do I stand?

Should I complain to the Financial Ombudsmen as the 3 recorded letters I sent at the same time to buymobiles, A1comms and Burlington all went unanswered and this 'breach' of data protection but T3Collect is appalling?

sourcrates

Hi,

Whilst the data protection issue, is regrettable, it happens a lot, I've had parcels sent to my address, with other people details inside, it's a slap on the wrist at best though.
Your issue with the phone, I too have a mobile contract through the same company, plastered all over it were the words "minimum term contract applies 24 months".

Basically that means in order to quallify for that particular offer, you must subscribe for the full 24 months, only then can you leave your contract with 30 days notice.

I read and understood it, wasn't to hard to find in the T&C's, and it stated it quite clearly on the contracts page.
So, I sympathise, but you should always read the small print first.

gr1340

sourcrates wrote: »

Hi,

Whilst the data protection issue, is regrettable, it happens a lot, I've had parcels sent to my address, with other people details inside, it's a slap on the wrist at best though.
Your issue with the phone, I too have a mobile contract through the same company, plastered all over it were the words "minimum term contract applies 24 months".

Basically that means in order to quallify for that particular offer, you must subscribe for the full 24 months, only then can you leave your contract with 30 days notice.

I read and understood it, wasn't to hard to find in the T&C's, and it stated it quite clearly on the contracts page.
So, I sympathise, but you should always read the small print first.

The letter states that I entered into a contract with A1Comms but the T&Cs (from the wayback machine) do not state anything about A1Comms.

System

Para 1 of the T&Cs

1 Information about us

1.1 We operate the website http://www.buymobiles.net We are A1 Comms Limited, a company registered in England and Wales under company number 04455131 and with our registered office at Contract House, Turnpike Business Park, Alfreton, Derbyshire, DE55 7AD. Our main trading address is Contract House, Turnpike Business Park, Alfreton, Derbyshire DE55 7AD. Our VAT number is 797 0654 83.

sourcrates

gr1340 wrote: »

The letter states that I entered into a contract with A1Comms but the T&Cs (from the wayback machine) do not state anything about A1Comms.

Its standard practice for companies to use trading names.


I really cant see your issue with them here, this same thing has cropped up before on the forum, you admit you didn't read the terms and conditions, and because of this you received a penalty for ending your contract early.


I'm sorry, but instead of writing bolchy letters to them, for what was essentially, your own mistake, take a more contrite approach, tell them you didn't realise you had to complete the full 24 month contract before cancellation, admit your error, and then use the data protection breech as leverage to see if they will either wave the extra charges, or at least reduce the amount you owe.


You might find been nice in these situations has greater results than quoting chapter and verse to them !!

gr1340

!!!!!! wrote: »

Para 1 of the T&Cs

That is the T&C's now, back in 2013 there was no mention of A1 Comms. I checked all of the 2013 records available and there is no mention of A1.

The T&C's back when I bought the phone can be found here:
http://web.archive.org/web/20130424011434/http://www.buymobilephones.net/info/terms/id/12

If they want to use T&C's as a basis to try and get me to pay then I will use them to not pay, I don't see the problem with that.

I have written several letters to all 4 companies and have only had the reply above back.

sourcrates

gr1340 wrote: »

That is the T&C's now, back in 2013 there was no mention of A1 Comms. I checked all of the 2013 records available and there is no mention of A1.

The T&C's back when I bought the phone can be found here:
http://web.archive.org/web/20130424011434/http://www.buymobilephones.net/info/terms/id/12

If they want to use T&C's as a basis to try and get me to pay then I will use them to not pay, I don't see the problem with that.

I have written several letters to all 4 companies and have only had the reply above back.

Terms & Conditions



Valid from: 2013-04-10 11:20:23
BuyMobilePhones.net Terms and Conditions
The below Terms & Conditions apply to any customers placing orders with us:


"14.1.6 Should you 'buy-out' your contract early by paying the network the value of the remaining line rental, you will no longer be eligible to claim any redeemable offer from BuyMobilePhones.net. You may also be liable to pay us for the cost of any goods that we have provided you with should you ‘buy-out’ of your contract early."


The name of the company is clearly stated, you seem to be grasping at straws in order to avoid paying a legitimate debt.

gr1340

It's ok for you to use the T&C's to show that I owe the money but not ok for me to use them to try and get out of it because I feel it is an important condition that should be made clear before purchase. It clearly states that you enter into a 24 month contract for airtime on the purchase page, why not for this?

Please answer me this:
Would you agree that I did not enter into an agreement with A1 Comms as there is no mention of them in the 2013 T&C's?

System

A bit of digging shows that buymobiles.net and affordablemobiles are web trading names for the consumer side of A1 Comms.