Protecting consumers from mis-selling of mobile telecommunications services

gushussain11

Dear All Peace

Ofcom has started consulting on Protecting consumers from mis-selling of mobile telecommunications services. I understand many people feel that they have been missold and in particular misled as to the actual price they would pay due to breach of the cash back agreements.

If you wish to raise and share experiences and comments please take part here http://www.ofcom.org.uk/consult/condocs/mobmisselling/

Any how Mohammed, Mark and myself have been helping customer of different in-direct agents to cancel contract with the Mobile Network Operators because at some point the agreements are broken or the agreement used terms that maybe unfair.

1) Priceshock co uk forum has a number of templates and a complaint letters to the MNO and finally the Adjudicators. Though it is not managed by me specifically all most all templates (not all) are created by myself and I have helped many priceshock forum users to come out of the contract because I considered the evidence and information in front of me and concluded in favour of the customer, based on rules applied by adjudicators.

You are welcome to check out the price shock forum because there is a cisas finding there should you wish to have a read.

Peaceful Regards
Gus Hussain

mobilejunkie

Thanks; I've submited my views. I am extremely hostile to regulatory interference in the cashback market so thought it worth fighting for what may well be an unpopular opinion right now.

gushussain11

Dear MobileJunkie Peace

Thank you for taking time to submit your comments and I am sure they will assist in a balance view.

Peaceful Regards
Gus Hussain

mobilejunkie

Thank you. I am quite aware that thousands of people (including me!) did lose money when most dealers went bust; however, I never blamed the dealers and knew precisely what I was doing and the risks I was running. However, I have had dozens of successful cashback deals for myself and a group of people I specifically look after - and none of us would even have a contract or use a mobile much if it weren't for these deals. I have consistently warned peopl for a LONG time on these threads NOT to take out cashback deals unless they REALLY now what they're doing; most DON'T and also donp;t put the necessary research time in. I have also assisted quite a few to get their cashbacks once denied; however, in many cases the damage is self-inflicted and I am totally against arbitrary and knee-jerk rules and regulations which are imposed to protect the ggc's (gullible, greedy and/or careless) at the expense of the few of us who DO put in a lot of time and effort to make sure we know what we're doing. If that's harsh, it has always been perfectly obvious that NO cashback deal which gives a free phone AND free bundle can possibly work if the MAJORITY of claimants get it right. The fact is, most didn't through their own carelessness. Although in many cases they were helped by the misleading t&c and dirty tricks employed by most (if not all) dealers all the information required to weigh up the risks and discover how to avoid the pitfalls WAS and IS available on here thanks to some of the people who take their own time and effort to write the necessary guidance for others. Is it fair that they (we!) are then penalised for our efforts because of the herd instinct of the many who didn't put in the their time and effort as we did and then complain about everyone and everything but themselves when they lose out? Methinks not!

I am still ordering cashback deals for myself and others and will continue to do so on the basis that I am very careful and quite capable of negotiating the traps. However, this is a game for the seasoned hunter and not the complacent or impulsive nomad.

redux

mobilejunkie, given the number of stupid people you seem to think there are, I'm surprised you bother to waste your breath abusing them

alnsv1000s

If there is a serious problem in an any Industry, then the regulator HAS to act.

What you are saying Mobile Junkie, is that as mugging is an isolated crime, and does not affect the majority, then there should be no laws against mugging, and it is down to the person who has been mugged for getting themselves in that situation in the first place.

I feel that Ofcom have been extremely fair to all in their consultation, to still allow promotions, but these promotions have to be clear, and follow a set of Fair guidelines that MUST be applied to the promotion.

The networks produced a Code of Conduct, and this has not worked, as shows by the amount of complaints received by Ofcom, Consumer Direct and other organisations.

I just want to see if the Networks have the bottle to get companies such as CPW (E2Save), and Phones 4U to comply with these guidlines, as they are still not in compliance when looking at their current terms and conditions.

Non compliance will result in the Networks being fined 10% of the Networks annual turnover, which if applied to Orange, would result in a fine of 180 Million.

Consumer Direct, during the first 2 months of 2008 received 7239 complaints about mobile phone companies, and the only other industry to fair worse in the UK was second hand car salesman.

If Ofcom had not/do not Act, then their position as a regulator, surely would have to be brought into question.

The UK should have a fair and competitive marketplace, and in every industry offers should be Clear and Transparent.

I want to know when I buy a product/service as to what I am actually getting, and should not have to hunt down and do my homework, to justify that what I am being offered is what I will actually get.

How many of these mobile phone companies that offer/have offered unrealistic deals, would have got those deals if they headlined the offer as:

FREE Phone with 12 Months Free Line Rental on a 12 Month Contract.
Warning: This offer will be extremely hard to achieve, and you will probably end up paying upwards of £35 per month for the duration of the contract.

mobilejunkie

I agree with the last part; a bold wealth warning is sufficicent. There are laws to protect against fraud. Ofcom has no credibility to lose. Muggers go to jail and people walking in the wrong places at night should take precautions. Used car salesmen aren't prevented from trading or many consumers wouldn't be able to buy a car. Anyone entering into any deal on any product where they are offered something extremely valuable for nothing is entirely foolish not to bother looking VERY closely at what they are getting themselves into. In my humble opinion it is quite wrong and counter-productive to "protect" such people at the expense of others who do bother to look closely before they leap - and if and when they do leap know precisely what they are doing.

alnsv1000s

Hi MJ - I love the way you can try and convince everyone else that White is really Black.

I receive on a daily basis emails, telling me that there is £250000 waiting for me if I allow this Chief from Nigeria to transfer £5000 into my bank account and then I send back £250000 and I can keep half.

What you say is that there is nothing wrong with that, and I should do my homework beforehand to ensure that it is not a scam, and any mug that takes this up, it is down to their incompetence.

IMHO, these scams should be closed down and made/are illegal.

The UK consumers should not be able to be legally scammed with deceitful offers in the first place, but given a competitive marketplace to choose from, with some form of Trust.

mobilejunkie

The offers aren't always deceitful; it's up to people to work out which ones aren't. The other scams come from abroad; there are laws in this country to protect people from dealers here already - plus their own good sense and research naturally. I donp;t think I am calling black white; merely trying to protect cashback deals which have worked for me on a grand scale because I did take the time and care to ensure I knew exactly who and what I was dealing with. I have a group of others I have also guided through the deals and we've all done very nicely for the last two years or so. People still plunge in without any questions despite my best efforts on here to warn them. It is an unfortunate fact of human nature that most people don't do their homework and ask lots of questions beforehand and then blame everyone but themselves when they get it completely wrong. I am sure I'm not the only one on here who has done very well from these deals - even if I appear a lone voice and am prepared to stick my head above the parapet!

redux

mobilejunkie wrote: »

I am sure I'm not the only one on here who has done very well from these deals - even if I appear a lone voice and am prepared to stick my head above the parapet!

It looks to me more like it's up your own !!!!

Do we need this self-important nonsensical posturing, as if nobody else knows anything? I don't think so.