Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


Cancelling contract phone?

Reply to topic
Bike Chat Forums Index -> Random Banter
View previous topic : View next topic  
Author Message

J D
World Chat Champion



Joined: 08 Jul 2007
Karma :

PostPosted: 16:30 - 30 Mar 2009    Post subject: Cancelling contract phone? Reply with quote

Having been made redundant i need to cancel my contract with 3. Speaking to them they are saying i need to pay the line rental off which is around 150 quid i think? Obviously with no money coming in i dont really want to pay it !

Is there a way around it?
 Back to top
View user's profile Send private message You must be logged in to rate posts

pa_broon74
World Chat Champion



Joined: 28 Mar 2006
Karma :

PostPosted: 16:38 - 30 Mar 2009    Post subject: Reply with quote

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.

Thumbs Up
____________________
Didn't catch anything.
 Back to top
View user's profile Send private message You must be logged in to rate posts

dgo1212
Brolly Dolly



Joined: 06 Dec 2008
Karma :

PostPosted: 03:33 - 31 Mar 2009    Post subject: Reply with quote

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
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Nufkamp
Traffic Copper



Joined: 15 Jul 2007
Karma :

PostPosted: 06:30 - 31 Mar 2009    Post subject: Reply with quote

dgo1212 wrote:
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


Dont you believe it, they'll pass you on to a debt collection agency and you'll be getting phone calls and letters from a bailiff. I know this from first hand experience with T Mobile.
____________________
As seen on Google Street View https://tinyurl.com/yfdvojc
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

JonB
Afraid of Mileage



Joined: 03 Jun 2004
Karma :

PostPosted: 08:52 - 31 Mar 2009    Post subject: Reply with quote

Instead of paying it off in one lump sum, keep paying it on the monthly basis?

No point trying to avoid the issue by cancelling DD's, you'll just get bombarded with final warnings.

Just one of those things, you'll be hard pushed to get 3 to waive the fee. At the end of the day you aren't really paying for texts and calls, you are paying for heavily subsidised phone they provided you with.
____________________
Be careful whose advice you buy, but, be patient with those who supply it. Advice is a form of nostalgia, dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it?s worth.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Finglonga
World Chat Champion



Joined: 27 Jul 2004
Karma :

PostPosted: 12:36 - 31 Mar 2009    Post subject: Reply with quote

dgo1212 wrote:
i just cancelled the D/D and thought no more of it,worst it can do is give your credit rating a little knock


They can black list you and you wont get credit for anything for 5 years so don't cancel the Direct Debit. It's also a breach of contract as they are supplying a service that isn't being paid for.
____________________
Andy Sez....
F.Y.Y.F.F.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Marcg868
World Chat Champion



Joined: 20 Jan 2005
Karma :

PostPosted: 14:38 - 31 Mar 2009    Post subject: Reply with quote

Similar to the above regarding mobile contracts, i had a 18 month contract with O2 from march 2006, which by my reckoning should have ended around september 2007. Now i got a new contract with Orange in october 2007 and rang O2 to say i have changed can you stop billing me as my contract was only 18 month, and i did not take a new one out, so they said yes blah blah we'll cancel it. However 3 months down the line their stll taking money off me, same again ring them up after sending a letter asking them to stop billing me and they say we'll stop it.

Same again continue to charge me for that that month, so i cancelled the direct debit, however they have now sent it to a Debt collecters for the sum of £48.99. This is 2009 i had an 18 month contract from 2006!

So how do i deal with this one, i have rung the debt collecters up and have got the "well its not our problem" erm im currently off on the sick with no pay so i m not paying it back.
____________________
JACK, MISS YOU LOADS YOU LEGEND.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Kickstart
The Oracle



Joined: 04 Feb 2002
Karma :

PostPosted: 14:48 - 31 Mar 2009    Post subject: Reply with quote

bwfc4eva86 wrote:
So how do i deal with this one, i have rung the debt collecters up and have got the "well its not our problem" erm im currently off on the sick with no pay so i m not paying it back.


https://www.bacs.co.uk/BACS/Consumers/Direct+Debit/Your+rights/

Although you could always take out a small claims court claim against them for the money they have taken from your account.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Marcg868
World Chat Champion



Joined: 20 Jan 2005
Karma :

PostPosted: 15:04 - 31 Mar 2009    Post subject: Reply with quote

Kickstart wrote:
bwfc4eva86 wrote:
So how do i deal with this one, i have rung the debt collecters up and have got the "well its not our problem" erm im currently off on the sick with no pay so i m not paying it back.


https://www.bacs.co.uk/BACS/Consumers/Direct+Debit/Your+rights/

Although you could always take out a small claims court claim against them for the money they have taken from your account.

All the best

Keith


Cheers will ring the debt collecters up and refer to the 3rd point out of the list. I did inform O2 so they can stick their £48.99 up their arse.
____________________
JACK, MISS YOU LOADS YOU LEGEND.
 Back to top
View user's profile Send private message You must be logged in to rate posts

syl
World Chat Champion



Joined: 05 Dec 2005
Karma :

PostPosted: 16:51 - 31 Mar 2009    Post subject: Reply with quote

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
 Back to top
View user's profile Send private message You must be logged in to rate posts
Drew This post is not being displayed because the poster is banned. Unhide this post / all posts.

Ant
World Chat Champion



Joined: 24 Feb 2003
Karma :

PostPosted: 08:13 - 01 Apr 2009    Post subject: Reply with quote

before cancelling and paying the fee's i would lower your contract to the cheapest one (so if your on a £35pm one now knock it down to a £15 one) then either keep it untill your back on your feet or cancell that one and you shouldnt have so much to pay!
____________________
04 ZX10R ~
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

pa_broon74
World Chat Champion



Joined: 28 Mar 2006
Karma :

PostPosted: 11:19 - 01 Apr 2009    Post subject: Reply with quote

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. Wink )

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.

Thumbs Up
____________________
Didn't catch anything.
 Back to top
View user's profile Send private message You must be logged in to rate posts

pa_broon74
World Chat Champion



Joined: 28 Mar 2006
Karma :

PostPosted: 11:55 - 01 Apr 2009    Post subject: Reply with quote

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.


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.

Thumbs Up
____________________
Didn't catch anything.
 Back to top
View user's profile Send private message You must be logged in to rate posts
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?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> Random Banter All times are GMT + 1 Hour
Page 1 of 1

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.10 Sec - Server Load: 1.11 - MySQL Queries: 13 - Page Size: 88.9 Kb