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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have you written the Carphone Warehouse Head Office please?
I was advised by the CAB to write to the branch where I purchased the phone as there is an acceleration process by proceeding this way. If you write to their H.O. the letter may be just filed away!
Have you contacted Orange yet at all?
ps. The branch in Kidderminster informed me that their H.O. is aware of my complaint. I spoke to James the Manager who phoned me last week.
I assume you just want the contract cancelled?
I had toyed with the idea of asking for a refund of all monies paid out but I would be satisfied if the contract can be cancelled ASAP. They can check how many phone calls I have made from this phone - very few- and those where made when out and about where I could actually pick up a signal. I cannot received the 3G network I was promised either at home or away from home. So technically I am paying for absolutely nothing. Thank you.
Right, have you written to the Carphone warehouse yet please?
Yes I have. A handwritten letter dated 10 March and sent Recorded Delivery the same day! I have a copy and I also sent a copy to Orange who have acknowledged receipt and are interested in the outcome.
Have Carphone Warehouse replied?
No, this I explained in my question. My letter gave them 14 days [as advised by the CAB] to respond and to date they have not.
Then what you need to do is issue proceedings.
You need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You need to take this to the County Court
And how do I do this?
You are asking the Court for an Order that the contract be ended because of their breach
You will have to pay a Court fee of £175 but if you win this is added to the claim
A copy will be sent to Carphone warehouse
They can then defend it
The Judge will then list the matter for a hearing
If Carphone warehouse have not filed a defence then the Judge will just listen to what you have to say and decide whether to end the contract
If the matter is defended then the Court will listen to both sides and then make an Order
Can I clarify anything for you about this today please?
Is there a number I can ring for the County Court or do I have to employ a solicitor? Can you advise if I stand a chance of winning with the information I have provided you with. I have copy invoices and dates and times I visited both them and Orange. I am an OAP who relies on small pensions to live and I cannot afford to take action if I have no chance of winning.
You dont need a Solicitor.
The County Court for you is at the Crown Court in Worcester.
Print the form, fill it in and take it there.
You may get fee remission if you are on a pension and may not have to pay the fee
Can I clarify anything else?
I haven't got a printer - will the Court send me the forms if I ring them. Also, if, at any time in the future I have another question pertaining to this problem, do I have to pay you again?
Yes the Court will have the forms.
The Court counter at Kidderminster MAY have them but its a Magistrates Court
If it is related to this then you can ask me a further question
Okay , thank you very much. I shall do as you advise and hopefully get this matter resolved. It is unfortunate that I have to do this as the stress is not helping me, but I am determined to prove that they are at fault. Thanks again.
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