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.

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