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Sure Telecoms business contract

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Hi guys
Back in August I got a call out of the blue from Sure Telecoms, who are now known as Kynex, saying they could help reduce my phone bill by £2 a month. As I have 3 phones on the same contract I thought I would take them up on the offer. The sim cards were sent and we then found out that unlike the signal that they had promised we would have, we had very limited signal and had to use other employees phones to call customers on. I then contacted Sure Telecoms about this matter we went through the process of hard restart of the phones and new sim cards were sent out to try. None of these solutions worked and I found myself in the busiest time of the farming year without being able to contact or be contacted by any of my customers. I have been to the financial omberdsman and they have not received any replies from Sure Telecoms. I have called Sure Telecoms myself to try and cancel the contract withing my 14 day calling off period but the contract was not canceled as they told me because it is a business contract there is no calling off period. I was left no option but to cancel the direct debit as I needed to use the money to go back to my old provider. I had a letter sent to me on 23rd August stating that I now owed Vodafone who are the line provider £3428.28 for less than a months usage of there line and also a disconnection fee of £900 from Kynex. I feel I should have been able to excessive my right to use the 14 day calling off period as I was miss sold a service that isn't fit for purpose I have not paid the amount due. I now however have had multiple calls from Vodafone telling me that I owe them the £3428.28 and Kynex the £900, unlike when I was trying to speak to someone regarding the service and could only get through to an automated line. Whilst i was signing up to the service in the first place the operator on the phone asked me to leave a good review of the company which i thought was a little odd as i hadn't had anything from them at this point. I now presume they are getting people in a similar position and want the good reviews as once youv left one, they will entise more people to join the unfit for purpose operation.  Vodafone, Sure Telecoms and Kynex have not responded to the omberdsman and I'm not sure what else I can do. 
Has anyone else had dealing with this company? 
Does anyone know what steps I can take? 

Comments

  • Sadly this is a business to business contract and not covered under consumer rights. I think you would need to look at the T&C's of what you have signed up to.
  • Thanks for the reply. Do you think it would fall under the "not fit for purpose" category? 
  • born_again
    born_again Posts: 20,303 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    As it is a business contract, you are bound by the T/C. So no consumer rights I'm afraid & cancelling the DD was the worst thing you could have done.
    As there are often penalties for failed DD's.

    I would expect at some point you will be receiving debt collect or court papers to recover the debt owed.

    Really not sure what FOS has to do with telecoms?
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 18,544 Forumite
    10,000 Posts Second Anniversary Name Dropper
    The Financial Ombudsman has nothing to do with telecoms 

    There are two Alternative Disputes Resolution services for telecoms (the Communication Ombudsman and CISAS) and a provider should be subscribed to one or the other but as a business user you can only access them if you are classed as a Micro Business (less than 10 employees and under £1.8m turnover)

    As a business, rather than consumer, you don't get the statutory protections that consumers are afforded like cooling off periods as you are considered sensible enough to know you need to read terms before agreeing to them and have enough clout to negotiate terms you want (such as adding a cooling off period). 

    Obviously at this point you owe them the money, rather than the other way around, and so you are in defence mode and it's up to them what debt collection attempt they intend to make. 
  • savergrant
    savergrant Posts: 1,636 Forumite
    1,000 Posts Second Anniversary Name Dropper
    How exactly were you missold? What information did they provide about their network coverage for your location?
    What did they say after their initial attempts to fix the signal issue failed?
    If they are providing a service to your business and failing in their agreement and costing you money you could have a counter claim against them. I would suggest you get legal advice.
  • Reedz
    Reedz Posts: 1 Newbie
    First Post
    I am one of those people duped by kynex into entering in a contract with them.instead of delivering Sim cards with their gadgets I was surprised when they only delivered Sim cards without hardware.Efforts to get this sorted to no avail resulted in me canceling DD.Now Zinc group.is calling me claiming large sums of money saying I defaulted for something I did not even receive.This kynex has frustrated me to the core
  • They change their companies director every other months. Clearly they are SCAMMERS .

    If you are a small business under 10 employees you were not supposed to be sold 3 year’s contract. Contract is not valid. Checked with OFCOM
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