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Joshua
Joshua, Lawyer
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a sim only with what i thought eas vodafone but its

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I have a sim only with what i thought eas vodafone but its with a company called Onecom. I agreed to £8 per month but they are taking alot more than that over £100 a month which they said i agreed to. I have the contact via email with them and its £8 . Ive tried to end the contract after 9 weeks but they want over £3000. The contract is over 36 months
JA: Where are you? It matters because laws vary by location.
Customer: Walsall West Midlands
JA: What steps have you taken so far?
Customer: Ive just cancelled the DD and wanted the pac code. Ive rung up and they daid i need to psy over £3000 to end the contact. It was all recorded which i have asked them to send me it but they cant do that
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thats all

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. I'm very sorry to read of the above. May I confirm if you contracted as a consumer or as a business customer please?
  2. how did you enter into a contract with this company? For example, was it online or by phone?

Customer: replied 13 days ago.
By phone and im a beautician
Customer: replied 13 days ago.
I have the emails they sent me as well

  1. thank you. So to be clear, you contracted as a business customer from what you say? in other words, the company was aware that they were dealing with you as a business rather than as a consumer?
  2. Whether terms of the contract explained to you over the phone and you agree to them then and there?
  3. We recently written terms prior to the start of the service and if so, did you specifically agree to those terms?

Customer: replied 13 days ago.
they contacted me. Im a mobile beautician. Terms were agreed on the phone and they said it was only £8 per month. They sent my my contract with the discounts and the monthly plan is £8 but they are taking alot more. They were very nasty to me on the phone and they said they will get the bailiffs to me and see me in court. I wanted to know why i was paying that muchThey said i agreed to that so ive asked for the recorded conversation. They are ringing me tomorrow

thank you. The first step is you have already correctly identified would be to ask the company to provide a recording of the conversation so that you can listen to what was explained to you and determine what terms were agreed. The burden of proof is upon the company to demonstrate any liability to them and if they are not able to evidence a recorded conversation if this is the only evidence of contract, with those terms being explained and agreed by you, then they will lack the evidence of contract in order to charge you these amounts. If they are reluctant to provide a recorded conversation, you can take the request as a subject access request under the data protection act which requires them to provide the information you request within 30 days.

From there, to the extent you consider that they have not provided evidence of contract, you can raise a formal complaint with the company and escalate the complaint on the earlier of the full response or eight weeks to the telecoms ombudsman for independent termination:

https://www.ombudsman-services.org/sectors/communications

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Customer: replied 12 days ago.
They said they would forward the recorded conversation onto me in 48hrs. Ive had another conversation with them about the amount of money going out my account which i need to no why. They keep saying i have agreed to this but in the contract they sent me after all the discounts it should only be £8 so why have i paid £175 more. They are going to send me the breakdown again

Thank you for the update - I hope you make some progress with your enquiries soon.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 10 days ago.
They have sent me one of the conversations on the phone and i really do need some advice. The conversation states £8 plus VAT for everything but they are still saying ive agreed to more and they want over £3000 off me to terminate the contract

The point of a contract is it means one party cannot make up or impose terms unilaterally. Terms need to be agreed in order to be enforceable. If they cannot produce evidence of your agreement to such terms then they are not binding terms of the contract.

Customer: replied 10 days ago.
They said ive agreed to them in the conversation which they have sent me
Customer: replied 10 days ago.
This is the contract they sent me after the conversation. They are getting abit abrupt with me now. I have cancelled the DD and im not in arrears but they want over £3000 ,off me or bailiffs and court if i dont pay or continue with the contract. I need someone to help me please. Could you gi e me some idea of how much your services are please

It will take me some time to listen to the recording and compare it to the above. Unfortunately, I cannot do this within the context of this thread. I am happy to send you an offer to report to you on the terms if you wish

Customer: replied 10 days ago.
please

Thank you. I have sent you entirely optional offer for your consideration

Customer: replied 9 days ago.
Im just waiting on confirmation regarding the ,£3000 they want to charge me to come out the contract. They said if i cancel all the discounts dont apply also the 17 month contract i want to no if u can not continue after that but they are saying i need to in order for my sim card to work as my sim card is a 36 month contract

understood. If I can be of any further assistance, please let me know

Joshua and other Law Specialists are ready to help you
Customer: replied 7 days ago.
I have paid for the offer. They havent sent me anymore recordings of the conversation but im hoping the one they have sent me will get me out of my contract. As stated in the conversation it was a new deal. They had spoke to me previously about this then passed me on to this man who confirmed everything. During the first 8 minutes we agreed a price of £8 plus VAT and there was no mention of no cooling off period. This was only mentioned after my bank details were given and as stated the equipment was sent out to me. There was no mention of £154 £108 or £31 to be taken out of my account during this conversation as he states its a new deal. I have stopped DD but im due to pay on 13th July and they said if u dont pay then i owe over £3000. They said ive agreed to all but he said this was a new deal?. I go away 28th June for 12 days and i really need this sorted when im back.
Customer: replied 7 days ago.
They have blocked my phone. I cant make phone calls or text out. I can still receive calls atm

Many thanks. May I revert to you within 1 working day on the above?

Customer: replied 7 days ago.
thank you
Many thanks

Thank you for the above which I have now had the opportunity to review.

There appear to be two separate contracts - one in relation to a mobile account provision and mobile Wi-Fi service which includes:

Unlimited minutes, data, texts and picture messages and 100 minutes of international calls. It also appears to include an "entertainment package" which appears to be either Spotify, YouTube or Amazon Prime Music. The agreement also included various equipment for the supply of this service.

The cost for the above appears to be £76 per month + VAT which is payable to Vodafone. However Onecom then provide you with a monthly cashback amount of £68 + VAT for the first 17 months of the 36 months of the contract which nets the amount actually payable for the above to £8 + VAT. After the initial 17 months the costs would be the full amount of £76 + VAT for the remainder of the 36 month term.

This appears to be reflected on the undated order summary that you have received and which you have attached above

The then appears to be a separate  agreement which is not detailed on the above order summary in relation to a "Onecom Vox" service which I believe is a VoIP service for telephone calls over a landline via internet. This includes 2000 minutes for landlines and another 2000 minutes for mobiles and no Intenational minutes.

The cost appears to be £20 + VAT.

The minimum term of contract is 36 months.

As such, after the discount replies, overall between the two separate contracts, the price per month would appear to be £28 plus VAT

Customer: replied 5 days ago.
Ok ive paid £31 £154 £108.88 and 3 x £8 since April. They now want more money off me thats why they have suspended my account. In the phone conversation they didnt state this amount going out
Customer: replied 5 days ago.
They have paid me £68 x3. The 1st part of the conversation i stated a max of £8 and he agreed then took my bank details he then processed with the application then said he will go through the plan again which means to me the same plan as he stated before but he changed it

so the amounts you should be been charged according to the above should be £91.20 to Vodafone and £24 to Onecom. And then a mnthly repayment of £81.60 back from Onecom. I don't recognise how the above figures are being calculated without sight of an invoice.

Customer: replied 5 days ago.
File attached (PGMT635)
Customer: replied 5 days ago.
File attached (52P1MG7)
Customer: replied 5 days ago.
Thats the only invoice ive had and ive paid that on 21st. They are not responding to my emails now as ive adked for breakdowns. Is there anyway i can get out the contract as ive been miss lead on the phone

for a start, there appear to be two mobile numbers on that bill rather than just one. I'm not sure what the other mobile number relates to - did you have a personal account with Vodafone or an existing mobile number perhaps? the bill does not tell me what period this relates to so I cannot see whether the figures represent a complete period or not or whether they include any additional charges. Without the complete bill I I'm limited in what I can say about it.

in terms of the contract, you could raise a formal complaint with Onecom and Vodafone if you are not been charged in accordance with the above agreement though to reiterate, I cannot say whether this is the case from the extract of the bill provided above. If you remain unsatisfied on the earlier of the full response to your complaint or eight weeks, whichever is the sooner, you can escalate the complaint to the telecoms ombudsman for independent determination:

https://www.ombudsman-services.org/providers/business-telco

Customer: replied 5 days ago.
I only jave the one number*********** Ive asked which ombudsman they use but they are not responding to me. They keep sending me emails from there debt collection and i dont no why again i have asked for a full breakdown but they are just saying i owe for 36 months which means nothing to me at all
Customer: replied 5 days ago.
File attached (TS2STG4)

Vodafone and one com both are members of the above Ombudsman scheme

Customer: replied 5 days ago.
Ive sent another email asking why my phone has been restricted when all monies are paid up to date till 13th july thats whst they told me on the phone. Ive asked for this recording but they havent given it to me or ecplain to me why this has happened. Can i get out my contract

unfortunately, it will not be straightforward for you to simply cancel the contract. If you can demonstrate that  service is not been supplied despite you being up-to-date with all of the various fees associated with the account, then you can seek to recover the costs you have paid for the period you have not received any service.

To the extent that there is a failure to provide the core service for an extended period of time despite you being up-to-date with costs, you could on that basis seek to repudiate ( cancel) the contract but that rate would not arise for a short interruption of service.

In the first instance, it is likely to be most appropriate to consider referring the matter to the ombudsman as a complaint as discussed above and then from there if you remain unsatisfied, you could contemplate bringing proceedings in the County Court.