Invoice charges from Buymobilephones.net

[labman]

Re: Invoice charges from Buymobilephones.net

Puff, are you saying that the contract signed (or agreed to online) with Buymobilephones.net is not of any relevance here?

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

I am not sure.

This is why I am saying take the CAB advice and drop in that 02 allow the tarrif transfer as extra ammo.

I am trying to get hold of some contacts still in the trade, but they are being a bit elusive as its half term I think.

I know that 02 will not be impressed as this is basically bringing them in to disrepute, its the whole you cannot downgrade the tarrif thing that's throwing me Labman, the bolt on is NOT a tarrif transfer, it is an optional extra..

Lets use this contract as an example. If you took out a £15 pm contract with a data bolt on extra.. and for sake of argument couldn't get reception, you could ring up 02 who could either change it or cancel it. you would need it for 1 month but thats it. You can do this from month 2 without any argument.

To downgrade the tarrif, this is another matter and is basically a new allowance on your line, it wont lengthen your contract but it will lower your bill.. and this cannot be done until 9 months in to your contract, unless of very strained circumstances!

I have never ever heard of a case like this, and I freely admit the friends I have been able to grab are totally flummoxed themselves.

My advice until I hear otherwise would be.. Folllow the CAB. Err on the side of caution and do exactly what they say.
IF they say it is a tariff downgrade not only can you assure them its NOT you can tell them it is part of the 02 t&cs t that this is allowed.

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

UPDATE:

I have read an ex 02 colleuge the t&c's of the contract, and he says that to him... it's dodgy.
He says that going to the CAB is the right thing to do in his opinion, and that if they don't help to go to Ofcom.

He says that it may also be worth getting TS involved as it is misleading and could have "prohibited language" in this (you cannot say things like "as seen" etc).

If this was an 02 contract without the buymobilephone bit, under no circumstances would this be seen as a tariff downgrade.

However, as neither one of us have ever seen anything like this before, we strongly suggest that you take the CAB as Gospel and use the info that I have passed on (I've checked and it is correct) as ammo incase of an argument. The reason we say this is, neither one of us have ever seen a contract like this one at all.

My rule is, if in doubt contact the CAB and check, which you have done

[labman]

Re: Invoice charges from Buymobilephones.net

I would be inclined to go straight to OFCOM. I can't see many CAB advisers being experts in contract law on mobile communications. I remain concerned they have tried to charge him for the phone when their own T&C's are very clear the phone does not belong to him - this should certainly be reported to Trading Standards.

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

i think Ofcom and TS would be VERY interested in this!

[markusc]

Re: Invoice charges from Buymobilephones.net

Thank you again for your further input.

Unfortunately I have kinda hit a dead end with this dispute

CAB say they don't think what is happening is right as it wasn't made clear to me
CAB advised me to find out who regulates buymobilephones.net and dispute with them

called buymobilephones.net who advised they were regulated by ofcom and the office of fair trading
called Ofcom who advised they do not regulate buymobilephones.net, they only deal with issues that are with the networks directly (which is not the case here)
called the office of fair trading who advised they don't deal with and cannot help either

tried to contact trading standards who referred me back to CAB

CAB referred me to two other regulators who I called and they also said they do not deal with buymobilephones.net

The last word I was given in advice is that the only way I can resolve this is to go to a solicitor directly and take action, but if I lose the case it could be quite costly for me.

Rang buymobiles again to dispute further and advise them of the advice I have been given and that I have a good case against them. I was speaking to a manager there and after about half an hour of getting nowhere I asked her which team would be able to remove the charges, she replied the collection team, but she very much dowted they would, so I'm now waiting for the collections team to call me when they are next back in the office on Monday.

[labman]

Re: Invoice charges from Buymobilephones.net

Hi,

I've been doing a bit of digging and have found Buymobilephones.net is one of several subsidiary companies of the parent company A1 Comms.

The Chief Executive Officer of A1 Comms is a Mr Paul Sisson, and you can email him at hostmaster@a1comms.net

I would send an explanatory email to him explaining that according to O2's contract a bolt on is not part of the tariff, so you have not downgraded, and asking for him to confirm in writing that the invoice has been cancelled and no debt is now outstanding on your account.

[CleverClogs]

Re: Invoice charges from Buymobilephones.net

Puff, are you saying that the contract signed (or agreed to online) with Buymobilephones.net is not of any relevance here?

They certainly have some interesting ideas of UK consumer law.

Take, for example, their idea of what one might expect if the handset malfunctions.

[arturbdg]

Re: Invoice charges from Buymobilephones.net

They certainly have some interesting ideas of UK consumer law.

Take, for example, their idea of what one might expect if the handset malfunctions.

Hi,

I know this been a while ago, but does anyone know what has been the outcome? I am in quite similar situation with them and wondering about the best way to proceed.

Regards
Artur

[potts8450]

Re: Invoice charges from Buymobilephones.net

hi and welcome to Legal Beagles.

Firstly you have done the right thing in calling 02 first, the important thing to find out is, who is the contract with? 02 or buymobilephones?

To the best of my knowledge a data bolt on is a value added service and therefore not a tariff downgrade, infact you can change bolt ons as often as you like. HOWEVER if the contract is with buyamobilephone then you are responsible for checking the terms and conditions of the contract. How long have you got left with this contract?

if you are within the free cancellation period (last 30 days) I can talk you through the transfer to the 02 systems properly and find your best deal too.

if you are with a 3rd party, i would say your contract stands as you have agreed to the terms and conditions, but you may be able to talk them in to say a free disconnection with them.

I will as a friend about the legality of this as its a bolt on not a tariff.

Could you please give me advice, I have a similar matter started with buymobiles.net. My contract as been running approx 16 months, I had a late payment with O2 who I wish I had gone straight to a few months ago. The next thing just the other day I have a letter giving me 7 days to pay 709.20 to buymobiles or take court action saying I have breached there terms and conditions. These say about downgrading etc but not about paying your bill a week late. I was in shock, when I spoke to O2 they were to. They tried contacting them and when they said they were from O2 they put the phone down on them. I contacted buymobiles and they said they would reduce to 490. I said I would not pay them as there terms do not say this and they said if I pay 150 there and then they would close the complaint. I'm in shock about it to be honest. I neve received the discount they said they would give me either but have not really chased it to be honest

[potts8450]

Re: Invoice charges from Buymobilephones.net

Me to they seem to be conmen, I am writing to the ombudsman and also I have already wrote to BBC watchdog about the problem with them. O2 said they have been getting regular problems about them when I spoke to them so I thought I best put it in writing to O2 as well

[teaboy2]

Re: Invoice charges from Buymobilephones.net

Buymobiles.net is talking hogwash and the invoices are nothing but speculative. You are under no contract with them whatsoever, their website merely provides a service which provides you with offers from phone networks, the actual contract is between you and the phone network, who also provide the handsets, not buymobile.net.

Buymobiles is paid a commission on every successful contract that is taken out, this commission is paid a month after the contract is taken out to allow for consumers right to cancel. If their is any agreement between O2 and buymobiles for commission to be refunded to o2 should a consumer cancel, downgrade within a specific period of time after taking out the contract, then that is between O2 and buymobile, same for cases where bills are not paid by the consumer. I was an affiliate for Phones4u and advertised contract phones on our website with a deeplink (URL) to phones4u application for that phone. We were paid a commission for every customer we directed to phones4u who successfully signed up a month in arrears. The networks, as far as am aware, paid companies like phones4u a commission for each phone contract sold, and it was the networks that chased non payers for value of the contract.

So if you ask me buymobiles.net is trying it on, when they themselves do not even own the handsets, so have not incurred any loss!

Also i've had a look on their website, and there is no longer a link to there terms and conditions on the bottom of the page. They no longer show O2 as one of the networks they offer!

[Kati]

Re: Invoice charges from Buymobilephones.net

i've had a look on their website, and there is no longer a link to there terms and conditions on the bottom of the page. They no longer show O2 as one of the networks they offer!

found them
http://www.buymobiles.net/help-and-s...and-conditions
their O2 t&cs haven't been updated since

Updated: 31/12/2013 13:07:38

[teaboy2]

Re: Invoice charges from Buymobilephones.net

found them
http://www.buymobiles.net/help-and-s...and-conditions
their O2 t&cs haven't been updated since

Cheers Kati - will have a look.

Noticed under the main navigation bar, for mobile phones, they don't list O2 as a network provider either. So i assume they no longer provide O2 phone contracts.

Interesting statement in the second paragraph at the start of the terms - "You can see the full terms of your Agreement below, by picking up a copy of our printed terms in an O2 shop" - Why would buymobiles terms and conditions be in available in O2 shops, if they were not O2's own terms and conditions. Same question as to why they have different terms and conditions for each network provider if they were buymobile own terms and conditions. I think they are taking the network providers terms and conditions of contract and trying to pass them off as their own!

[teaboy2]

Re: Invoice charges from Buymobilephones.net

Cheers Kati - will have a look.

Noticed under the main navigation bar, for mobile phones, they don't list O2 as a network provider either. So i assume they no longer provide O2 phone contracts.

Interesting statement in the second paragraph at the start of the terms - "You can see the full terms of your Agreement below, by picking up a copy of our printed terms in an O2 shop" - Why would buymobiles terms and conditions be in available in O2 shops, if they were not O2's own terms and conditions. Same question as to why they have different terms and conditions for each network provider if they were buymobile own terms and conditions. I think they are taking the network providers terms and conditions of contract and trying to pass them off as their own!

And O2's very own terms and conditions - http://www.o2.co.uk/termsandconditio...bile-agreement

Looks very familiar!