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| J D |
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 J D World Chat Champion
Joined: 08 Jul 2007 Karma :  
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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 16:38 - 30 Mar 2009 Post subject: |
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Normally if you press the point with them, they'll waive it. Especially since you've been made redundant, if for example the press new about their policy regarding cancellations due to redundancies... You could suggest it would make them look really bad.
Realistically, if you cancel the direct debit then ignore them, they won't pursue you for £150. If they do, there are ways to tie them in knots using the system.
You could offer a compromise I suppose and go for a pay and go option with the same provider... Not sure if they'll accept that though.
 ____________________ Didn't catch anything. |
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| dgo1212 |
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 dgo1212 Brolly Dolly
Joined: 06 Dec 2008 Karma :     
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 Posted: 03:33 - 31 Mar 2009 Post subject: |
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you have signed a legally binding contract,but has anyone ever gone to prison for breaking one with a phone company?When i was made redundant i took the "if i haven't got it,you can't have it" approach.Contract or not if you don't have the money then you can't pay it,the way i got through redundancy was by contacting everyone we owed money to ie mortgage company,banks,car finance etc,explained the situation and asked for reduced payments for 6 month and told them we didn't mind if this added extra interest after the final payment,some said no at first but when you clearly state that if they don't take what your offering,or atleast meet you half way they wont get a fookin penny they soon play ball,as for the phone contract i just cancelled the D/D and thought no more of it,worst it can do is give your credit rating a little knock |
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| Nufkamp |
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 Nufkamp Traffic Copper

Joined: 15 Jul 2007 Karma :     
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| JonB |
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 JonB Afraid of Mileage

Joined: 03 Jun 2004 Karma :  
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| Finglonga |
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 Finglonga World Chat Champion

Joined: 27 Jul 2004 Karma :    
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| Marcg868 |
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 Marcg868 World Chat Champion
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| Marcg868 |
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 Marcg868 World Chat Champion
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| syl |
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 syl World Chat Champion

Joined: 05 Dec 2005 Karma :   
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 Posted: 16:51 - 31 Mar 2009 Post subject: |
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You need to simply tell the debt collectors that the debt is in dispute, you cancelled the contract a long time ago and they should refer back to their client. If they continue to contact you after that, tell them that further contact will consitute harrassment. ____________________ Current bike: Kawasaki Z750S |
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| Drew |
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 Drew Banned
Joined: 09 Aug 2006 Karma :     
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| Ant |
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 Ant World Chat Champion

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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 11:19 - 01 Apr 2009 Post subject: |
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The idea that these contracts are legally binding is a bit of a fallacy. There is as much protection in consumer law working for you as there is in contract law for the company.
I went to a consumer forum (directed from here) and the advice I got was along the lines of "you signed the contract; tough shit." It was just shit advice given by a patronising ill-informed do-gooder. (Yes, this is a forum and there might be irony here. )
Go to the citizens advice bureau (go to a city one, they're the most useful.) They'll be able to tell you exactly where you stand.
I would repeat, this myth about "you signed a contract so ner..." is propogated by big business and folks who just don't know better to keep you scared. Yes, its a contract but it can be got out of.
For £150 they might pass it on to a debt collector, but they have little in the way of power, all they can do is harass you and frankly, baiting 'debt management' companies is fine sport. They have to go to court before bailliffs get involved, its at that point that you can start tying them in knots.
 ____________________ Didn't catch anything. |
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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 11:55 - 01 Apr 2009 Post subject: |
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Ok.
Just checked something there...
An axample of tying big companies and debt management companies (A.K.A scum of the earth) in knots is thus.
You have a contract with a big company that you want out of. Ok, it might be air tight (check anyway.) But even if it is; The company will threaten to take you to court closest to where their legal representation is or where their offices are.
Under the Civil Jurisdiction and Judgement act 1982, they can't do that. As a consumer you entered into a contract with them and as such if a dispute arises, and importantly, even if on the contract, you agreed to have any dispute settled somewhere other than where you reside; the action would be incompetent. The only way the company can get around this act is if you agreed to have the dispute resolved after the dispute itself arose NOT when you signed the contract!
Basically, if they want to sue you, they have to do it in the country court (or sherriff court) closest to where you live. Now, if they happen to conduct their business 300 miles away (in my case, I was in Edinburgh and they wanted sue me in Northampton County Court) they would have to employ legal counsel locally or send someone over.
To recover £150 and at the risk of not winning... Its not worth their bother. If this does happen you must stay in touch with the court, if you do nothing, it goes against you automatically; debt management monkeys rely on that.
If they even bother to issue a summons, reply with something approaching the following text:
| do-gooder wrote: | Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). I entered into a contractual agreement with the plaintiff as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant.
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Ok, it doesn't get you out of the contract, but it might get you out of paying. It also tells them you know something about civil law and won't be pushed around.
Finally, if on their contract they have a clause about where disputes would be resolved (and it isn't in the nearest court to where you live full time) you can report them to trading standards as it infringes your statutory rights.
A bit verbose, but while I'm not out rioting at the G20 summit, I like to do something for the little person when faced with corporate bullying.
 ____________________ Didn't catch anything. |
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Old Thread Alert!
The last post was made 17 years, 172 days ago. Instead of replying here, would creating a new thread be more useful? |
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