From: Martin Jay on
On Mon, 29 Mar 2010 01:53:23 -0700 (PDT), andy
<andy.ggrps(a)googlemail.com> wrote:

>...still apparently more than people who can't be arsed to make a simple
>phone call to the provider on a Manchester number and ask to be
>unsubscribed and how to obtain a refund...

If that's a reference to me, you're once against mistaken.

I have emailed 2ergo to request a refund of GBP5.10. I'm waiting for
a response.

As I keep pointing out, the mobile phone contract is between myself
and giffgaff. There is no contract between myself and 2ergo. 2ergo
is under no obligation to refund me.

You appear to have no understanding of what a contract is. giffgaff
have incorrectly billed me for a premium rate text message. There
appears to be no doubt about that. Therefore, giffgaff should refund
the payment they took for it and then obtain a refund from 'the
sender' (or, more likely, the next link in the chain).
--
con-con giffgaff: <http://www.spam-free.org.uk/giffgaff/>
From: andy on
On 29 Mar, 14:05, Martin Jay <mar...(a)spam-free.org.uk> wrote:
> On Mon, 29 Mar 2010 01:53:23 -0700 (PDT), andy
>
> <andy.gg...(a)googlemail.com> wrote:
> >...still apparently more than people who can't be arsed to make a simple
> >phone call to the provider on a Manchester number and ask to be
> >unsubscribed and how to obtain a refund...
>
> If that's a reference to me, you're once against mistaken.
>
> I have emailed 2ergo to request a refund of GBP5.10.  I'm waiting for
> a response.

The fact you've done it at last doesn't mean I was mistaken when I
have previously referred to you persistently refusing to do so
From: Martin Jay on
On Mon, 29 Mar 2010 13:39:24 -0700 (PDT), andy
<andy.ggrps(a)googlemail.com> wrote:
>On 29 Mar, 14:05, Martin Jay <mar...(a)spam-free.org.uk> wrote:

>>I have emailed 2ergo to request a refund of GBP5.10. �I'm waiting for
>>a response.

>The fact you've done it at last doesn't mean I was mistaken when I
>have previously referred to you persistently refusing to do so

As I keep pointing out, the mobile phone contract is between myself
and giffgaff. There is no contract between myself and 2ergo. 2ergo
is under no obligation to refund me.

You appear to have no understanding of what a contract is. giffgaff
have incorrectly billed me for a premium rate text message. There
appears to be no doubt about that. Therefore, giffgaff should refund
the payment they took for it and then obtain a refund from 'the
sender' (or, more likely, the next link in the chain).
--
con-con giffgaff: <http://www.spam-free.org.uk/giffgaff/>
From: andy on
On 29 Mar, 22:27, Martin Jay <mar...(a)spam-free.org.uk> wrote:
> On Mon, 29 Mar 2010 13:39:24 -0700 (PDT), andy
>
> <andy.gg...(a)googlemail.com> wrote:
> >On 29 Mar, 14:05, Martin Jay <mar...(a)spam-free.org.uk> wrote:
> >>I have emailed 2ergo to request a refund of GBP5.10. I'm waiting for
> >>a response.
> >The fact you've done it at last doesn't mean I was mistaken when I
> >have previously referred to you persistently refusing to do so
>
> As I keep pointing out, the mobile phone contract is between myself
> and giffgaff.  There is no contract between myself and 2ergo.  2ergo
> is under no obligation to refund me.
>
> You appear to have no understanding of what a contract is.  giffgaff
> have incorrectly billed me for a premium rate text message.  There
> appears to be no doubt about that.  Therefore, giffgaff should refund
> the payment they took for it and then obtain a refund from 'the
> sender' (or, more likely, the next link in the chain).
> --

You've persistently ignored or rebutted help and advice

After all this time, you obviously still haven't phoned Phonepayplus
(on their freephone number) and asked their advice about this

As the replies you get keep pointing out, and which Phonepayplus
itself would tell you, you need to contact the number provider, not
your mobile network.

From: Steve Purdy on
>"andy" <andy.ggrps(a)googlemail.com> wrote in message
>news:1d040921-8abc-4ecb-9d44-2df3562c43c6(a)35g2000yqm.googlegroups.com...
>On 29 Mar, 22:27, Martin Jay <mar...(a)spam-free.org.uk> wrote:
>> On Mon, 29 Mar 2010 13:39:24 -0700 (PDT), andy
>>
>> <andy.gg...(a)googlemail.com> wrote:
>> >On 29 Mar, 14:05, Martin Jay <mar...(a)spam-free.org.uk> wrote:
>> >>I have emailed 2ergo to request a refund of GBP5.10. I'm waiting for
>> >>a response.
>> >The fact you've done it at last doesn't mean I was mistaken when I
>> >have previously referred to you persistently refusing to do so
>>
>> As I keep pointing out, the mobile phone contract is between myself
>> and giffgaff. There is no contract between myself and 2ergo. 2ergo
>> is under no obligation to refund me.
>>
>> You appear to have no understanding of what a contract is. giffgaff
>> have incorrectly billed me for a premium rate text message. There
>> appears to be no doubt about that. Therefore, giffgaff should refund
>> the payment they took for it and then obtain a refund from 'the
>> sender' (or, more likely, the next link in the chain).
>> --
>
>You've persistently ignored or rebutted help and advice
>
>After all this time, you obviously still haven't phoned Phonepayplus
>(on their freephone number) and asked their advice about this
>
>As the replies you get keep pointing out, and which Phonepayplus
>itself would tell you, you need to contact the number provider, not
>your mobile network.

And as Martin has repeatedly pointed out you are ignoring the simple fact
that he has no contract with, or knowledge of, anyone other than GiffGaff.
How is he supposed to map a 5 digit number on his bill to some company that
then shares their number with umpteen other companies?

This whole reverse pay SMS thing would be a lot cleaner if it was the
Telecom companies that had, by law, to sort out the mess - think of it as
exactly like the banking Direct Debit scheme where the banks refund
erroneous charging and then chase the bad guys. That way the bad guys in the
SMS scam camp will dissappear quite quickly as the telecoms companies will
simply not deal with those that indulge in sharp practice. (likewise they
can blacklist customers who keep trying on getting a refund when they did
indeed request the SMS)

If they had to refund first and ask questions later you can bet that an
opt-in scheme would make it to their systems before the next daybreak or
else they would implement a system that logged a request sent to the 8xxxx
number that would allow a single reply from that same 8xxxx number then cut
it off again - job done as your phone must have requested it.

At the moment its just a charter to steal as it's just too hard to sort for
'only' �5 unless you are Martin - Well done to him.


Steve