Sunday, December 21, 2008

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MOVISTAR: A MODEL OF CLAIM CHARGES UNDUE MOVISTAR emotion.

Normal http://www.besadmin.es/ojo-con-telefonica-cargan-e-mocin-sin-solicitarlo-vt1738.html

[Population] to __ of ______ ____________ of

MOVISTAR

CLAIM ** EMOTION ABUSE CHARGES **

A / A: CUSTOMER SERVICE - MOVISTAR

Client:

__________________/ _______________ (administrator )

Line: _____________

the undersigned, _____________________ with ID: __________ established for service on the street customer ______________, ________________, on behalf MOVISTAR of ____________________ and the same manager whose CIF is: _____________ I would like, prior to filing the lawsuit against him to share with you the following:

FACTS

Pursuant to a timely bid on their BlackBerry products proceeded to buy a Blackberry [model] in a sales point [province or town], conditions were clear, crystal clear, crystal clear again, would flat-rate data and Internet connections my Blackberry paying a flat fee compensation as would have Push Mail via Blackberry services (mail on line A).

Well, lo and behold I come around unexpectedly exorbitant fees invoice from the habitual consumption of around [€ amount to [amount €]. I inquired how could it be otherwise in the grounds and saw with amazement that there were charges for Internet connections via EMOTION. Mr, that is absolutely false, and I stated NEVER had used nothing but the browser that comes included in my Blackberry unit. I reported this situation to your customer service department (xx xxxx year [xxxx]) while, at comments that were circulating internet of abusive practices by telephone / movistar to its customers, improper charges for connections via EMOTION, I asked which quashed that possibility in my terminal, this conversation is recorded and available, otherwise recording that allows the Constitutional Court, see the STC 114/84 dealing with such cases in our legal field is called "autoinjerencia, allowing the caller to record the end of oneself without its consent. If movistar staff saw fit to make the considerations deemed appropriate, they will be presented to the trial judge and / or Criminal [Criminal Complaint scam] to consider what has been in the right place.

Movistar below acknowledges his mistake, I paid all the connections [month] regarding "emotion" and I confirmed that my service is completely eliminated emotion so there is no charge any further in this direction (recorded). What was my surprise when the bill [month] reappear charged with emotion for an amount of [€ € € €]. I called customer service, I was told that my request would attend to their claims service [No incidence [no. incidence]) and lo and behold a few days ago I reported has been resolved against me and emotion that charges were unfounded. Absurd, that possibility was eliminated, there is no concept whatsoever of this bill is absurd to access the Internet to 0.5 € per connection. Taking flat fee as I have much less.

I communicate to telephone / movistar I pretend to be compensated for the payment already made in [month and year ([amount €]) and that until such payment had not arrived would not be appropriate to pay the monthly invoice current (month, year]). Result, Movistar remain anchored in the Middle Ages, the principle - estoppel -

does not apply in current law .... Movistar is unfazed SUSPENDS MY LINE. Today it requires the strongest possible terms that: 1) I line is restored immediately, 2) That I be paid the amount of [amount €] slope and 3) to assure me in writing and convincingly that I have no future I will have access to their "service" of emotion. exposed Whatever it may take characteristics of crime (fraud), the offense was fully, no doubt that the road is finally carried out in defense of my interests.

In the following forum: www.besadmin.es

can see what they think the majority of BlackBerry users of their services with emotion.

http://besadmin.es/iniciacion-a-blackberry-vf15.html

Sticky:

EYE! with telephone ... E-motion load unsolicited 25,951 (TWENTY ONE THOUSAND NINE HUNDRED AND FIFTY PEOPLE) have read the message and left their comments ... all absolutely disgusted with the service for their despicable behavior, feeling totally Scams cheated not broad sense, not disappointed but a PURE SCAM which the user is subjected. In line confidence that ___________ will be restored immediately by following these guidelines will be dismissed with the care they certainly do not deserve.

Customer :_________________

Address for correspondence: ____________________________,__________

Abraham Benavides

PD: Attached relevant case law before us Royal Decree 424/2005 Regulation for the provision of electronic communications services, universal service and consumer protection.



HIGHLIGHTS OF REGULATION 424/2005
: If LOW precisáis and manifest disagreement with baggage [ripped by emotion in our case] I try to be mistaken as a matter of saying directly should be performed prior payment of the slope and then you can handle this low. FALSE! .
Article 105 of Regulation 424/2005 is clear is you MUST give an address so you can send a letter requesting LOW without precondition payment (movistar then be able to defend their interests urge that serves his interests) LOW will be effective 15 days after the receipt movistar. LOW If the request was based on breach of contract by Telefónica Móviles SAU (Movistar) is immediate LOW (both parties agree not to claim anything.)

Comment:

This is our case, if the contract fails movistar carrying amounts that are not agreed (emotion) comes this LOW mode, so not even be necessary to wait the 15 days mentioned above. As MOVISTAR receive APPLICATION OF LOW-have-the low effective services. It will try to confuse you by saying (exonerating) Blackberry RIM is to blame for these anomalies. FALSE! You contratáis with movistar (Mobile Phone SAU) do not fit as exemptions.

Section 104 Royal Decree 424/2005
If the means authorized by the operator for handling complaints, claims or incidents is by telephone, shall be obliged to inform consumers of their right to request a document stating that the presentation and content of the complaint or claim by any medium that allows such accreditation.

Comment: Your customer service it fails repeatedly. Do the test.

Royal Decree 424/2005 Article 105.2.j


Causes and forms of termination and renewal of the subscription contract
. The contract is terminated for the general causes of termination of contracts and especially , by the subscriber will , after informing the service provider with a minimum of 15 calendar days at the time which is to take effect.

Royal Decree 424/2005 Art.105.4

The operator (movistar in our case) shall not bill and collect any amount that may have accrued, for reasons not attributable to the user, after to 15 days to take effect in fall.

Comment:

If you send by fax, letter or Bureaufax where you movistar indicated by the request for withdrawal of receipt [for finding best delivery Bureaufax reliably] at 15 days there Movistar will be possible will invoice NOTHING from that date in any way. If you submit more bills are pure .. worthless (save-always-asking for proof of dispatch LOW). Any subsequent enforcement action by movistar against you, including delinquencies in files etc would, with the document delivery (APPLICATION FOR LOW ) relief from those charges.

Section 118 Royal Decree 424/2005. (Valid also for mobile)

Suspension of publicly available telephone services at fixed locations

Article 118.1. The late payment total or in part by the subscriber for a period than one month (and not before ... eye! ) from the presentation to this document by billing for publicly available telephone service at a fixed location may lead , notice to the subscriber, a temporary suspension . Failure to pay the charge for Internet access services or premium rate services, especially the premium rate service, will only lead to the suspension of such services.

Comment:

So if no prior notice is not possible to suspend the line (do not do ... cut and point, here the law of the jungle prevails, but it is an argument for your claim.)

Royal Decree 424/2005 Article 118.2

In the event of temporary suspension of telephone service for nonpayment,

it must be maintained for all

incoming calls except collect calls and outgoing calls emergency.

Sunday, November 30, 2008

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the "Hope is the last thing to lose" (Bombay 2008)

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Thursday, October 30, 2008

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DIARIO DE MALLORCA: Letter to the Editor: "The courtyard of my house is particularly" by Rosalía Cortés Sastre


Normal

The courtyard of my house is particular


Leo "carpet" that Mrs. You will not put his hand in the fire for anyone, it appears that they do not trust. But I I want to ask a question: what moral authority will ask for the vote to citizens of Islands in the next election? Among you do not trust, and we have to trust us? That nose!. Mr. Nadal, however, is quite the opposite. He trusts everybody. Let me tell you, very master of others, who has spent at least three people. If it really is true what they say, forgive me, but I tremble. They are all so cute, so clean and so honest in his party .....!



The "PEchOE" is another thing. In the chita-silent, must see, how good it looks. I also want to ask a question. Since you rule, I find that I have not cut taxes, is more up to me every day. Can you tell me where (piii..) Is our money? EI PP, as it stole something done (parkings, bus fleet, roads ,...), but you, all you read is continuously endowed with pinch of thousands of dollars to the Work Culture, pay all their studies bunch of friends, again giving the Cultural Work, and today, for example, I read in a newspaper either that "the Govern designed" three times on the same page, I guess "run" in the next term and is Therefore, we also asked the vote in anything, because four years have not been enough to plunder.

From
then, go on, that thorough, not "co (PIII)" we'll have left! But tell me where our money?


The other Rose, Ten, is the one cashing in all this, just yesterday I found out that there is discontent within his party because only two that cut the Mende cod. Rosita speaks only of Spain, but behind it, behind it is Marxism-Leninism (and the silly to the right, there it is, ligand and flirting with her).

Finally, my beloved and despised Balearic Majorca. Other acronyms good as any, but do not say because I do not publish the letter, look, and above all, losing each fear, because with all these what is clear is that we "Esclat" and put both hands on fire and we say no or to leave or to arrive anywhere or we will go out and get ... anywhere. ROSALIA

CORTÉS SASTRE

. Palma.

Published, for his greater glory, the Diario de Mallorca on October 29, 2008.

The letter, as can be seen, not wasted. Congratulations!.


Wednesday, October 29, 2008

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OPINION on AUTO Garzón (Historical Memory) JOAN J . 29/10/2008 QUERALT - THE COUNTRY (29/10/2008). DESIRED

Normal JOAN J. QUERALT

29/10/2008 - THE COUNTRY (29/10/2008). Since two weeks ago Judge Garzón issued the order declaring the authority to investigate Franco's ruthless and barbaric repression has fallen on him the whole weight of demagoguery, bitterness and sectarianism, as if, in fact, he might be the offender.

Garzón's car makes relentless pursuit 'criminal crimes of the Franco

This government promoted a prudish and insufficient memory Act

grossest criticism has focused on that, in addition to requesting the death certificate of the fractious rebel and others of his conmilitones -which is necessary to accord the case file about them, "other possible perpetrators would be already dead. Maybe, but not necessarily. A careful reading of the car indicates that Garzón plans, as it can not be otherwise, an investigation by stages: first, until December 1951, done that "does not exclude other cases, provided it is shown that they do not are isolated incidents. "

Two questions we must do to understand this vital resolution. The first: do they deserve the recognition and redress to victims where necessary? and the second, why this order has been issued? The first question we can only reply that this recognition has come to them, but by the back door. Indeed, for the sake of a long amnesia, have been deprived of the recognition time for the indignities suffered. The second question focuses on the prudish Historical Memory Law, adopted at the last gasp of the last legislature. On this law, whose scope was denounced as sparing in their handling continues to weigh the slab of the past.

Indeed, on one hand, those affected have to urge the administrative authority declaration of illegitimacy of their situation under Franco, which means it must bear the burden of proof on the other, no have been issued, almost a year later, the regulations that are necessary for the development of these pyrrhic benefits. And what is worse, the State not to mention some regions, some local authorities and the Catholic Church seem to have ignored the issue. If the central government had put in charge of the event, opening all files without restrictions, making all means to identify the slain, as has been done, for example, in Catalonia, have sung a different story. Finally, if to proclaim the illegitimacy Companys takes three months, do not take to the sharecropper libertarian. In this context, it is not surprising that 19 associations complaint before the courts as a last resort, well known fact that, criminal investigations, could be the remains of the disappeared and the punishment of the oppressors and plunderers. The proposed task is not easy Garzón nijurídicamente factual without government support, because nothing else suggests the unusual belligerence of the current prosecutor, which leaves little was when their ancestors tried to prevent, unsuccessfully, to lay the foundations of universal justice.

is opposed, first, the competition, but, ultimately, is irrelevant. If it was not competent Court, what would each of the courts in whose jurisdiction the exercise of stock, which, perhaps, not be detrimental to the cause they serve.

essential aspects that are raised also by the prosecution against the order of Garzón are essentially non-retroactivity, the 1977 amnesty and prescription. Talking, as in the use of public ministry because general should not be considered more than a rhetorical outpouring of questionable soundness. The non-retroactivity can not be denounced, because the car expressly excludes, according to the doctrine of the Supreme Court in the case

Scilingo,

understands that it can not be convicted of crimes against humanity, in force between us only since 2004. However, nothing prevents the naming context under the traditional crimes of murder, illegal detention, torture and related fields. Context switching has not stopped applying, for example, the doctrine Parrot firm convictions, altering the terms of implementation, at the express request of the Prosecutor. As for the occlusive effect of the amnesty of 1977 we face a thorny political issue, but soluble legally. Its purpose was political intent crimes. Garzon believes that filled out can not be classified as such and the Office, calculated ambiguity, does not averse to treating them as ordinary crimes. If so, there would be a source of conflict. But the truth is that the crimes of the Franco regime can not be considered political crimes, they are crimes against humanity, well qualified initially by customary international law and now the convention and the law. If, having regard to Article 7 of the 1931 Constitution, international law was accepted by it, the rebels to break up blood republican legitimacy can not benefit from the regime of fact and law from which no autodotaron, so that the institutions of international law must be understood fully in force. Consequently, the 1977 amnesty, regardless of whatever the idea of \u200b\u200btheir authors, not enough for these crimes.

Opposes also the apparent obstacle of the prescription. The continuing offenses, and illegal detention is, do not begin to prescribe until the hostage is released, there is reason enough for him or found dead, otherwise, disappearances would eventually go unpunished. Admittedly, however, that for other cases, we know where are the remains of victims. The offense and he would be barred and all related. This is saving schemes stating that fact and no interruptive law for criminal acts of disruptive. This has been declared as the European Court of Human Rights and the Supreme Court, the latter, interestingly, on issues of recovery of the property plundered by the Franco regime. And be agreed that the life, physical and moral integrity and freedom are infinitely superior to real property and that therefore the prosecution of crimes that annihilated those basic rights deserves no better treatment than looting.

Finally, it seems the objection of lack of competition that also claims the prosecutor. However, argue that a judge is not competent to accept another it is-but do not say that-which ultimately means accepting that the facts themselves are apparently investigating crime.

Finally, whether before the High Court or before multiple courts, is to ventilate the criminal prosecution of offenders of the Franco regime, the avalanche and can not be stopped. Will also be used to deliver another message to boaters: Crime always pays. Already there are several leaders genocidal politicians who can not visit certain states. That we have between us, no escape.

Joan J. Queralt

is Professor of Criminal Law at the University of Barcelona. Curious, as always well explained, even for the layman.