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Hard to swallow: Orange served up with China T

Back in early September, I decided to upgrade my mobile phone. I was attracted by the local Orange shop which had a deal involving handing in an old phone and gaining £50 worth of credit on an Orange line. My fully functional old phone was with T-Mobile. I paid by direct debit. I signed up with Orange, handed over my old phone and thought no more about it. Orange said it would destroy the SIM card before refurbishing the phone and sending it overseas. I then moved address, so it took me some time before I paid much attention to my bank statement. Last month, I started to look at my finances and noticed that T-Mobile had debited my account for £563 for calls in November. Going back over the previous months showed T-Mobile had taken other amounts totalling £100. As I had moved, I did not bother telling T-Mobile of my new address. But a statement showed all calls had been made from China - at T-Mobile's tip-top rate. I have never been there. I visited my bank and had a long discussion, but although I then cancelled the debit, money still continued to flow out. I have also made several calls to T-Mobile but I cannot get past their system as the old number seems to have been finally stopped. I can't get anywhere with the problem. Can you help?

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GS, Cambridgeshire

· Most mobile phone complaints are about lost or stolen phones which continue to be used abroad despite their disappearance being reported. Phone companies rely on small print and continue to raise debits.

It can also be difficult to notify losses - at one stage on Christmas morning, Orange took 48 minutes to respond.

But here you handed your phone over to Orange in the reasonable expectation your T-Mobile deal would end.

The responsibility for checking this lay with Orange - you handed over your phone in good faith. It did not help that when you contacted Orange, you were told the call centre and the shops were separate legal entities so the call centre could not help.

Following a call from Capital Letters, Orange says its director of retail will be made aware of the problem and will investigate your difficulty. This will take a week or longer. But, more to the point, Orange has agreed to refund your money. Your account should be £660 better off.

Bank error led to rent arrears

I signed a standing order in February 2003 for NatWest to pay my rent to a housing association. But last month I discovered only two payments were made. It has only come to light now because the association has finally realised I was heavily in arrears.

Admittedly, I did not check the payments each month, but I naturally assumed the order was working. I am currently £2,000 behind - and I have spent the money as it was there!

NatWest could not find the standing order initially. It offered me a gift - a bottle of wine or a bunch of flowers - to say sorry for this.

But this is really an insult when I face possible eviction as my rent is so far behind. NatWest seem to be taking the cheap way out of a bad situation which it has admitted it caused.

Can you help?

BT, Yorkshire

· When Capital Letters took up your case, NatWest realised it will take more than a bottle of plonk or a bouquet to assuage your hurt. It appears the initial error occurred because you signed a form generated by the housing association which, although acceptable by all banks, was different in layout to the NatWest form. So a local bank worker misread your instructions.

NatWest at first increased its recompense offer to £100. But when we pointed out how you had been disadvantaged through no fault of your own, NatWest decided to give you a £2,000 interest-free loan to sort out your rent. You will also get the £100 so you now owe £1,900.

Was email a scam or joke?

I received an email, via a work colleague, entitled "Please read the photo and pass it on to everyone you know ..." When I opened the attachment, it was something about leukemia, and how AOL would pay money into a fund if I replied.

Is this a scam or a sick joke?

LP, Northamptonshire

· Your email shows a baby wrapped in a blue ribbon. The child apparently has a cancer. The message, which comes from "George Arlington", claims AOL and ZD-Net will pay 32 cents for every four responses. This is nonsense - there is no money.

AOL is at a loss to explain "Arlington's" motivation. It could be someone with a grievance against it.

This is not a direct scam although if you reply you could end up with heavier material in your in-box which could be aimed at your bank account.

Carpet refund fits your needs

I bought floor coverings at CarpetRight in Liverpool in August 2002. I made it clear that it was for my new house and would not be needed until April 2003.

When the carpet was due to be fitted, I decided I did not want it in so many rooms. So I sent it back for a refund in May - but have had nothing despite several promises. The amount is about £50.

Where do I go from here?

LM, Cheshire

· Retailers are under no obligation to take back goods just because you don't want or like them. But CarpetRight offers to do this provided you agree to a 20% restocking fee.

So, it should honour its promise - not take eight months. But CarpetRight has finally done the right thing and sent your cheque.

Plight of victim of mis-selling

I started working as a school teacher in 1989 and went to a chartered accountant, who doubled as a financial adviser, for help on handling my finances.

I was told to take out a personal pension plan with Norwich Union rather than join the teachers' occupational scheme.

At the time, I knew no better - but following all the publicity about the pensions review, I realised I had been mis-sold.

I went back to the accountant in 2000 and asked for a review of my circumstances. But he refused to do this, saying he had quit accountancy in 1996.

I went to the Institute of Chartered Accountants but their efforts were in vain as well. The ICA also said that even if I paid for a review and it showed a mis-sale, I would not get compensation unless I took the erstwhile accountant to court.

I do not know the level of compensation due but I do not want to risk legal costs. Why am I being treated differently from other personal pensions mis-selling victims?

FC, Gwynedd

· Through no fault of your own, you went to an accountant and not an IFA or a pensions firm. And until December 2001, the accountants ran their own self-regulating scheme. So your case was not picked up by the pensions review which only involved PIA (Personal Investment Authority) members and not accountants.

The ICA's initial response was legally correct although completely unhelpful. It claims it cannot pressure ex-members who are only obliged to keep professional indemnity cover for two years after leaving the profession.

But following pressure from Capital Letters, the ICA has agreed to commission a review of your circumstances which should find in your favour.

The accountants are still leaving it up to you to recover any compensation. This is unsatisfactory.

The Financial Services Compensation Scheme is no help either.

Its rules preclude it from declaring a pre-2001 accountant in default. But if your former adviser is bankrupted, then the accountants' scheme will pay out.

You have been disadvantaged because you trusted an accountant.

Murky waters cloud Pacific

I invested a small amount in Pacific Media shares. It was a speculative share and I have since lost most of my money. But I have just received an offer of a full analyst's report on Pacific Media, which is apparently changing. The offer comes from a broker called Tresaderns in Madrid.

I know you have warned about dealing with brokers who are based abroad. But here it seems fine because Tresaderns seems to be backed by an FSA-registered Leeds legal firm.

Should I send off for this report on Pacific Media?

CL, Nottingham

· Tresaderns is unauthorised in both the UK and Spain. It bought the Pacific Media shareholder list to look for new clients for its high pressure share sales operation. Pacific Media stock now changes hands at 0.25p. But it soared from 3p to 15p in a week or so during the dotcom boom, thanks to plugs in the now discontinued Daily Mirror Slicker column. Tresaderns has used the same tactic with reports on Trafficmaster and Emerald Energy - also speculative stocks.

Last month, Tresaderns was the subject of a notice from the Comision Nacional del Mercado de Valores - Spain's equivalent of the FSA.

The CNMV warned Tresaderns is "not authorised to provide investment services." This alert has since been repeated by investor protection bodies in the Czech Republic, Germany, Holland, Ireland and Sweden but not the UK.

However Walker Stone, a firm on the FSA warning list, operates from the same Madrid address as Tresaderns and shares Jose Aurelio Ballester Casanella as a director.

But despite this regulatory activity, Tresaderns mailshots are approved by Leeds legal firm Fox Hayes. The lawyers say this covers Tresadern's "marketing", ensuring the initial mailshot complies. The FSA is looking at the regulatory loophole.

Fox Hayes, which tells me it earned "a few thousand pounds" for its endorsement, is also taking a second look at its involvement. It says Tresaderns sells high risk shares in small US ventures, none of which is covered by the Fox Hayes marketing approval.

It now says the regulatory warnings ring "alarm bells". Fox Hayes partners will meet next week to decide whether the reputational risk of a links with an unauthorised firm is still worth the fee.

· We welcome letters but cannot answer individually. Write to: Capital Letters, Jobs & Money, The Guardian, 119 Farringdon Road, London EC1R 3ER or email jobs.and.money@guardian.co.uk. Do not send original documents but do enclose a daytime phone number. Information is general and offered without any legal responsibility. Always take professional advice if in doubt.

Guardian Unlimited © Guardian Newspapers Limited 2003

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