Vodafone & Zinc - CCA Request

[pooky2483]

I sent Zinc a CCA request back in 28th May and have not heard anything since. They are WELL over the 12+2 days limit, I am trying to find the correct next letter to send them but I am not having any luck finding it.

I know they have received it as it was signed for the following day.

[MrsD]

Re: Vodafone & Zinc - CCA Request

we don't send a follow up letter for the CCA as a rule, if they haven't produced, they are in default. However, I'm not sure that the legislation applies to service contracts like a mobile phone contrat, is this what this is?

[pooky2483]

Re: Vodafone & Zinc - CCA Request

we don't send a follow up letter for the CCA as a rule, if they haven't produced, they are in default. However, I'm not sure that the legislation applies to service contracts like a mobile phone contrat, is this what this is?

Yep, it's a mobile contract.

So, what do I do now, just stop paying and when they pester me, just tell em they haven't sent me the requested CCA.

[MrsD]

Re: Vodafone & Zinc - CCA Request

no harm in blagging it, be interested to see if they think it's applicable..................

[pooky2483]

Re: Vodafone & Zinc - CCA Request

So... I'll stop paying them, they have just had a payment last month, 28th.
See what they say next month when the don't get payment. I'll jut tell 'em they have failed to supply we with a CCA and under the CCA (the ACT) they have automatically defaulted and have to prove the debt's mine.

[Never-In-Doubt]

Re: Vodafone & Zinc - CCA Request

A CCA is not applicable here, this is a utility contract and nothing to do with the Consumer Credit Act. They ought to ignore your request, I would

You cannot CCA a utility company.

[pooky2483]

Re: Vodafone & Zinc - CCA Request

A CCA is not applicable here, this is a utility contract and nothing to do with the Consumer Credit Act. They ought to ignore your request, I would

You cannot CCA a utility company.

So, I'll ask for my £1 postal order back then lol. In that case, what can I do to get any sort of signed contract?

[vint1954]

Re: Vodafone & Zinc - CCA Request

As Niddy says they are generally considered to be outside the CCA, however it depends on your contract. The OFT says:

The view the OFT has taken is that “line rental” (i.e., network access charges) as well as inclusive minutes, texts, data allowance, and so on are considered regulated credit if the consumer cannot terminate the contract early without paying the balance of recurring charges up the amount which would have been paid were the contract to run its usual course. For example, if your contract costs you £25 per month, and you have 10 months to run, and your operator tells you it will cost you £250 to terminate early, you effectively took out a loan without knowing it.

In terms of the SIM and handset, the OFT says:

The provision of the handset and SIM card […] may be considered to be regulated hire or hire purchase agreement under the CCA depending on whether they remain the property of the mobile phone provider or whether they transfer to the hirer (consumer).

The SIM itself usually has a notice printed on the full-sized card it snaps out of stating that it remains property of the operator, thus—unless I’m mistaken—the OFT considers it to be “hired”. The handset itself may vary: you’d have to check your contract.

[Never-In-Doubt]

Re: Vodafone & Zinc - CCA Request

So, I'll ask for my £1 postal order back then lol. In that case, what can I do to get any sort of signed contract?

Yep do so, nothing - why do you want a copy of the agreement? What will it do? Just go to the website and see a copy.

With regards to Vint's argument above, you aint planning on paying the remaining airtime are you? So pointless getting a copy unless you are.

[pooky2483]

Re: Vodafone & Zinc - CCA Request

Don't quite get what you're both saying. To pay or not to pay...
Confused.com

[PriorityOne]

Re: Vodafone & Zinc - CCA Request

What is it exactly that you are disputing with them?

[vint1954]

Re: Vodafone & Zinc - CCA Request

Don't quite get what you're both saying. To pay or not to pay...
Confused.com

We assume that you are not going to pay

[pooky2483]

Re: Vodafone & Zinc - CCA Request

What is it exactly that you are disputing with them?

Just trying to blag 'em
Like when getting a CCA with errors but I don't know where to go with this one...

[pooky2483]

Re: Vodafone & Zinc - CCA Request

We assume that you are not going to pay

That's what I'm aiming for, just need to know what too expect from them if I take that route.

[vint1954]

Re: Vodafone & Zinc - CCA Request

That's what I'm aiming for, just need to know what too expect from them if I take that route.

What Niddy is saying is that if you don't intend to pay off the balance of the contract, then CCA is irrelevant, so just sit tight until the next contact.