A frugal life is an easy life!

In my "Frugal wars" (section coming soon to this website!) I am taking on the might of the o2 mobile phone company.
I came to the end of an 18 month contract recently and without notice they removed my negotiated discount and charged me an extra £7 per month and this month an extra £9, on top of what I normally pay.

Where they get these varying amounts from is anyone's guess, as I haven't come close to using up all my allotted minutes. Anyways, I went to their website to see what nokia phones they have available to people upgrading, as 3 months ago, when the wife upgraded, they had just five. (out of a range of nokias in excess of 80 currently available)

Two were handsets last seen in 1997, standard features of less quality than the phone I currently have that is almost two years old. One half decent one but again less features than my current handset, the fourth handset was ok, same features as my current one, but is the size of a 1970's tv remote control. The final handset they had was a bit smaller than mine and similar features with a large memory built in, cool I thought, that's an improvement on what I have now, unfortunately the website quoted a price of up to £195!

As I always do, I rang the "cancellations department" and asked straight away for  my PAC code (to transfer my number to another network - it frightens the company into thinking you are leaving them and they offer discounts to keep you straight away) I had the honour of speaking to Dave.

After telling me how I am only a light user and refusing to answer my question of why I should have to pay £360 per year if I hardly use anytime up or send many texts, he informed me that I could always stay with o2 on a £10 per month plan until they get more mobile handsets in stock. I declined and asked for my PAC code to transfer to another company.
Dave, was not a happy chappy, when I refused to reveal which rival network I was going to go to, as I told him politely, "that is none of your business!"
Dave, then tried the old "it will cost you just as much with another company - we are very competitive you know" routine, which I dismissed out of hand as a new customer I would be getting a top grade handset and low cost contract.

After brushing off his pointless questions and defying his all his changing reasons of why I should stay with o2, I repeatedly asked for my PAC code. In the end Dave conceded, informing me that my PAC code would be sent out via text message in the next two hours.
"Don't you read it out to me over the phone David?" I asked, "No we always send them out via text message!" he pointed out - an absolute lie, I have worked for o2 in the past and know exactly that the code is generated by another computer and you can easily read it back to your customer.

"So what happens when, after two hours, I still do not have my PAC code David?"
"You will have it, text messages do not take that long!"

Almost 3 hours have passed since that call and guess what? Thats right! No PAC code has been sent via text message... if only the national lottery was as easy to predict!
I will be ringing back no doubt and asking the advisor "what was the last action carried out on my account please?" What are the odds on there being no mention of Dave and any PAC code request?
This is the problem we all have with call centres, not just you o2, but ALL call centres.

Dave has to meet his targets for a bonus or a prize, etc. By convincing as many customers as he can to stay with o2, so when I come on the phone and he cannot persuade me to take out a new contract, he simply ends the call as normal, tells the customer that a PAC code will be sent out via text message, ends the call and then closes the account notes without generating a PAC code, sending one out or adding that he failed to keep my custom.
His figures are not then affected by my call and he keeps his bonus or record exempt!

All well and good for Dave, but what about the customer?

• I wait for almost three hours for a PAC code coming through that hasn't even been generated
• I have wasted my time waiting on the phone in a queue for 20 minutes and however long my follow up call will take
• Not keeping accurate account notes on my records is a CRIMINAL offence, under the Data Protection Act!

It makes Dave look like the complete tosser he is - why work in customer service if you couldn't give a stuff about customers?
O2 now, in my eyes, treat customers with contempt, we are just a number who they can milk money off.
Everyone loses out...

What did you want to do when you were 7 years old?

For me, I wanted to be an astronaut, for a week or so, then a footballer, then a train driver, then an astronaut again...
The sooner we let our children be children again the better, social breakdown in the news every other week, yet the state continues its blinkered approach to improving its own statistics, whilst pouring more taxpayer's money down the drain.

Do we not work hard enough already as adults?
I'd wager good money that the majority of people, would rather go back to the days when they were kids, as it had less pressure and was an easier way of life, having fun has huge benefits to the human being, we are not all work horses.

It's time some surveys were carried out looking at the values and benefits of being allowed to be aimless children having fun, but of course this wouldn't help the statistics - so it will never be done.
To those in power, demanding we follow like sheep, get a grip and start applying some common sense, before you are out of office for good!

Halloween is also known as "mischief night" in some areas of the country, eggs and flour are thrown etc, that kind of thing.

It is only this way for a selective age group, from around 13 to 16 year olds, it is harmless, of course most parents will have their children indoors early on Halloween?
Especially with ducking apples and other assorted Halloween games to be played out?
Luckily, close by to where I live is Pendle hill - famous for its witches! (no doubt charging tourists a fortune to look at three blokes dressed up and sat around a big black pot in the pouring rain?)

It is always good fun scaring the little children who are foolish enough to knock on my door, the suddenly green window in the door attracts them like flies?

I wouldn't have thought most kids will be out on the streets, it is not as if their parents turn halloween into an excuse for a booze up is it?

It is essential, that should a bank, building society, loan company, etc. be requesting a charging order through the court system in England and Wales, that you defend against it!

When a charging order is sought after, it secures an outstanding debt against your own home. You will be told that "its just a formality before we accept your proposed monthly payment arrangement" - which is all well and good, but if your payment is missed, then the company can enforce the charging order, to demand the full outstanding balance immediatly, in effect forcing the sale of your home to pay off your outstanding balance.

Under normal circumstances, with a large debt, this appears a good option, giving you more time to pay, with no interest (from the date of your court case) and no more of those £25 letters reminding you that you owe them money (unenforceable under common law).
Problems arise, when a more common practice is, for unscrupulous agents and solicitors representing these banks/building societies, are using them to pressure people owing relatively small amounts. These agents are telling people that the charging order will not be actioned, when it comes before the court, if unopposed, they seek immediate enforcement, which could cost you your home!

A few practical steps you can take to help your case:

• ALWAYS have the case transferred to your local court - bulk clearing courts (in Northampton for example) grant a large amount of charging orders despite written objections from the defendant - There have been reports all over the internet about a loan company who have been using one particular local court in the south of England, which finds against the defendant on a high percentage of its cases!
• ALWAYS argue against paying costs - highlight any delays the company have created in bringing the case to court (ie, sending reminders which they charge you for, even after you have been told it will be going to court!).

The process has reached your local court, prepare a simple (but polite) defence, print three copies, one for yourself, one for the claimants and one for the court's reference.
It is essential that you attend the court in person!
Here are some useful points to highlight to the court, to argue against the charging order being granted:

• Payments promised by you, are up to date - list briefly how much you have paid and dates when they were paid. (Remember: a company cannot refuse any payment offer from yourself - despite what their advisors tell you. Once you default, then start paying an amount that you can afford on a regular basis, even if it is refused as "not being enough" by the company.  When it comes to court, this will look better to the judge and help your case.)
  Respectfully draw the court's attention to the case of Mercantile Credit Company v Ellis 1987 (Google it to read the case findings in full) in which the judge ruled that a court has to first issue a judgement and this must be in arrears before a charging order can be granted.
• Unfair priority over other creditors - list for the court other creditors you are paying by instalments.
  Chances are if you are struggling with one loan etc, you will have a couple more that are demanding money from you. Pay them all the same amount each month and list the monthly amount you pay them here for the judge. I am assuming you have the common sense to be offering the same level of payment to the claimant in your case?
  Respectfully make the court aware, that should a charging order be granted in this case, your other creditors would be "unduly prejudiced" and this would put them at an unfair disadvantage (Ref: Charging orders act 1979)
• The orginal loan was "unsecured" - this should apply to everyone, as a charging order is a way of securing the debt against your home. Payments have been made on your account, at a higher interest rate, as the loan, debt etc, was unsecured. Had the debt originally been "secured" it would have incurred a lower rate of interest. The company was happy to provide the loan etc, without security when it was taken out.
• Family hardship - if any person lives in your home, who have no connection with your debt, then highlight to the court that should a charging order be granted and your house is sold, this would cause undue hardship for other people not connected with your debt. This can be very effective if you took out your finance in your name only and not in joint names with your partner!
• Original amount proposed has not been objected to - not everyone can use this.
  When you were sent the allocation questionnaire, when the court process started, if the company did not object to your low payment amount you proposed, but instead said they would agree to it on condition that they secure the debt against your home, then point out to the court that "the company have not objected to the payment amount you proposed."

My apologies for this long winded post, but it angers me when people get pushed around and suffer at the hands of reputable high street banks/building societies/loan companies, etc and their agents, who do not give a monkeys about real people!

Should you win your case to not have a charging order placed on your property, then it will stand you in a great position should any other company attempt to have one placed on your property - in effect, it cannot be granted as the courts have already refused one company and this would disadvantage another party, against the charging orders act 1979.
Keep smiling...

* IMPORTANT:
The information given here, is from my own personal experience only.
It is posted to give ideas to visitors and to be a point of reference for myself, should my help be needed in this area in the future.

This post IS NOT legal advice and should not be treated as such.
I'm sure I don't need to point this out, but I would always advocate that you should speak to someone who is legally qualified to give legal advice, especially in the case of a charging order, as your home could be at risk.

Beware an email scam that claims to be an update for "microsoft outlook and outlook express."

At first glance all appears well, but hovering over the link provided reveals a different web address in the link to the one displayed in the email.
Microsoft do not email any updates for any of their products!

The update number given does not correspond with the "update number" in the web address link.
The contact links at the bottom of the email, are clearly not accurate addresses of microsoft.

As you would treat junk mail that comes through your letterbox at home, do not entertain this email, simply delete it and empty your email trashcan. Stay safe....