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Supporters Homepage

Just click on the link above and then set it as your homepage,  it's as easy as that, the charity will then automatically receive a donation.  You pay nothing and the Charity gains much needed funds

A number of people have asked about making a donation to help run this site.  I'm not interested in that at all. But if you do want to make a contribution then I support a local Charity called Spirit of the Dog who are crying out for funds you can donate on-line via paypal.

Friday 27th June

Well a lot of people have been cut off and given a walled garden message from NJP Services,  very similar to the one BT put up back in March, 

Fatcat communications have purchased the assets from Redten (like to know how the managed to negotiate that as they are uncontactable by the rest of the world. But then again if your buying it from yourself as we all suspect then it's not a problem) Anyway people are being asked to trust this new supplier even though they have no idea of the T&C's and the Fair usage policy basically prohibits just about any reasonable amount of usage.

It's unclear who will be the backbone provider for the new FatCat deal, but the way the Fair Usage policy is worded it seems like it may be NJP. 

After last weeks surprise settlements by Clode they now seem to of shut and shop on the deals and want to go all the way to court, a number of people have contacted me regarding Clode's refusal to negotiate and have even said to some that the matter is now in the legal departments hands and they can no longer discuss the issue. 

It seems like MAC codes are available via the NJP walled garden page but it's not clear where this leaves customers in regards to their Clode agreements. If anyone has an update on this please let me know.

 

Wednesday 18th June

Sorry about the lack of news lately, but there's not a lot to oreport, Clode have been making some settlements with a number of people, the deals range £0 to £80 if they will not negogite a reasonable claim then most people have started to issue court papers against Clode.

If you go down this route check your loan agreemnet you will probably find it is in the name of Clode Funding Limited, if so make the claim against them, they are at the same address and have the same directors but it is a seperate limited company. Claim for your outstanding balance plus the number of months of interupted service currently 3 months, also add in costs for phone call and recordered delivery letters, if you use the money claim online system then fees will automatically be added

Tuesday 11th June

New owner of Deadten takes up the mantle left by Essex_xz7r  

Anyway sent this today to Clode

Dear Nick (& Nicola)

Owing to the lack of announcement that you had promised, I have started filling out court papers. I'm sure you will appreciate how patient I have been in the circumstances.

Do want to settle this now or do you want to do it later and add the court fees and other costs as well as setting a precident?

Regards

Monday 2nd June

Clode filed their defense last week, still haven't seen it yet so none the wiser at the moment.

Also looks like Clode are going into the Internet business as an ISP, set up a company called FatCat Communications,  (Think they want to rub salt into the wound with the company name) Anyway the company report is on the resources section of the site, Apparently we should be getting some communication from Clode shortly on what's going on with this. Just to tie up the companies the Secretary of Clode is the Director of FatCat, the registered addresses are the same (Mr Jeremy Rich Morris)

Thursday 22nd May

Posted Clode company reports on the Resources section of the site.

Still trying to sort out via OFT etc who we need to take to Court,  best bet for now is to make papers out with both Clode Funding Ltd and Clode Retail Finance Ltd as defendants.

Wednesday 21st May

Received a letter from Clode today,

I am now in receipt of the above claim form which sets out your concerns regarding your account no, xxxxxx and the services from Redten.

We have confirmed with the court that we intend to defend the claim and the one issue that is immediately evident is that the claim has been issued in the name of Clode Retail Finance Ltd. however this company is not a party to your loan agreement.

I have enclosed a copy of your loan agreement and I would suggest that you may wish to consider closing the claim above and reissuing the claim to Clode Funding Ltd.

Of course the decision in this instance is yours I simply point out this to try and move the matter forward as quickly as possible.

You should also be aware that I believe an announcement will be made on the future of the Redten service in the next week or so which may also have a bearing on your pursuit of this claim.

Yours Sincerely

Nick Davies

Chief Executive

Emailed them asking

I notice that you say Clode Retail Finance Ltd are no party to the agreement, if this is the case could you please answer the following questions:-

1.) What is the relationship  between Clode Funding Limited and Clode Retail Finance Limited

2.) Why has all communication regarding this issue been via Clode Retail Finance Limited,  if they have no involvement in this agreement.

3.) Why was my original order and agreement supported by a letter from Clode Retail Finance Limited.

4) Why was the Settlement letter from Clode Retail Finance again if they are not party to the agreement how can they offer to settle.

5) Anyone that has settled has done so to Clode Retail Finance Limited including make cheque's payable to Clode Retail Finance Limited.

They replied 

In answer to your questions below:

1.       Clode Retail Finance Ltd (CRF) is a ‘sister’ company to Clode Funding Ltd (CF) with a common parent company.

2.       CRF has a service agreement to handle customer service for CF

3.       See 2 above

4.       See 2 above

5.       See 2 above

This is a common arrangement for this type of finance agreement however it is clear from your agreement that the legal party to your contract is CF.

We are under no obligation to point this out in the letter you recently received however I felt it would sensible to do so and this would reduce confusion when we file our defense.

Regards

Nick Davies

Saturday 17th May

Clode finally start issuing MAC codes to the customers that settled their accounts.  Not quite within the 5 days that they are meant to release these within, but at least those who paid are now free from this whole mess.  The rest of us have to take them to court to get any further.

Friday 16th May

Sorry been away a couple of days this week so been a bit slow updating the site.

Anyway got an Acknowledgement of Service from the courts today stating that Clode intend to defend all of my claim.

The letter was dated 14th May and signed by Nick Davies.

They now have 28 days from the date of Service to prepare a defence, the date of service was the 6th May which I make 28 days to be 3rd June.  I'll let you know if I getr any more info. 

Monday 12th May

Well still no response from Clode there days to respond to the courts are ticking away.

Also it looks like many of those who took the settlement option are having problems getting a MAC code. 

Friday 9th May

Confirmation that the Jessa family are still behind Redten.

Baber Gulzar confirmed in writing to Trading Standards that he has stepped down as MD of Redten and passed on the details of the Sole Shareholder, who we I can confirm is  Abbas Jessa brother of Shiraz Jessa,  Redten is mortgaged to the hilt to Online Distribution Ltd owned by Shiraz. 

Clode sent a notice today to remind me I had forgotten to pay my direct Debit this month,  If they had bothered to read there emails or listen during phone calls they would of known this was happening. I informed them I was suspending payment due to dispute.  Something they actually confirmed was on there system when I called.  Shame the system is not smart enough not to send me a letter,  oh well at least it cost them the price of a stamp.  They also confirmed that they had no record on the system of my court papers being received, although he did say Nick Davies might be dealing with it direct.  Something he denied two days ago.  The papers were issued on the 1st and they have 14 days to respond so watch this space next Thursday for any update.

Wednesday 7th May

Emailed Clode today, asking if they wanted to settle before Court,  settlement for me is cancellation of the contract.

This was there reply:-

I have not yet seen ay court papers on the matter however I can assure you we will give this due consideration and reply in line with the deadlines set out in those documents.

Regards

Nick Davies

Saturday 3rd May

Got written confirmation of Court submission, documents explained copies sent to Clode as well.

Friday 2nd May

Gave Clode my court reference number so they know I'm serious, told them they can contact me to discuss a settlement if they want to end it before we go to court.

Thursday 1st May

Started up a list of all the offers that Clode have made to people  if you haven't posted yours on the forum then please email me at info@deadten.com

Wednesday 30th April

As there was no response from Nick Davies or Clode generally, and on advice from Consumer Direct I issued court papers this morning, detailing their breach of contract.

It's in the hands of the Courts now.  Well done Clode and Redten you could of made this a lot easier and cheaper on yourselves.

Tuesday 29th April

Sent this to Nick Davies.  No Reply

You offer for me to pay £219.80 to terminate the contract is not acceptable,  I have given you the chance to reconnect my service and you have been unable to do so.
Your email also states that a £12 rebate is more than adequate to find a replacement service for myself this is not, a replacement service from BT is £24.99,  remember I signed up for Unlimited internet backed by BT, so this is the equivalent replacement service.
 
This situation is in clearly in violation of the following terms and conditions of my Redten contract.

4.1 We will endeavour to ensure that the Service provided under these Terms & Conditions shall be provided using reasonable skill & care.

Clearly the service I have been provided has not met this particular clause.

12.12 Should we increase the Charges or make any Contract modification , which is likely to be of material detriment to you we shall provide you with 14 days written notice and the increase or modification will take effect from the end of that period. If this occurs you may be entitled to terminate your Contract by giving us written notice detailing the proposed modification at any time on providing us with 10 working days notice, such notice to expire before the price increase or detrimental contractual modification takes effect.

A capped download limit is clearly of detrimental effect.

I will remind you of the following section of a piece of legislation which I sure you are familiar with – The Consumer Credit Act

Under the terms of the Consumer Credit Act you, as providers of credit on behalf of Redten you are jointly liable for their service.

Consumer Credit Act 1974 (CCA74)

Section 75 of the Consumer Credit Act 1974 states that the lender of money for a purchase is jointly responsible with the seller for the purchaser getting the goods or service purchased, or receiving a full refund if they do not receive the goods or service. What this means in practice is that if you paid more than £100 by a UK issued personal credit card (but not a debit or charge card), or borrowed money under a loan agreement regulated by the CCA74 and arranged by the trader, then you can claim ALL the money you paid (irrespective of how you paid it) provided that the maximum contract value does not exceed £30,000, back from the card company or lender if you do not get what you bought.
 
 
I have already spent £45.98 on a substandard service over the past 2 months and over £45 in telephone calls to Clode/Redten/NJP to try and resolve this issue.  To ask for a further £219.80 is just adding insult to injury.  I'm now also having to pay £24.99 for a replacement service.
 
Therefore the cost for me to retain an unlimited BT backed internet connection for the next 20 months is £499.80
 
My broadband service was disconnected after I requested that my contract be terminated immediately due to breach of contract without any financial penalties.  I do not call a request for £219.80 no financial penalty.

 
Please acknowledge that you will end this now and terminate the contract by the close of business today, otherwise I have no option but to issue court proceeding to bring this matter to a close.

Monday 28th April

Well Clode sent out an offer letter to some people offering them a £12 per month rebate on the remainder of their contract if they wanted to Buy there contracts out.  For me this required me to pay Clode £219.80 to terminate the contract.  Suffice to say I declined the offer.  I then pushed Clode on the comment that they could restore normal service.  In a nutshell he said they could restore Unlimited downloads,  but when pressed on when they would do this, they admitted that they do not have a timescale yet.

So the letter states if you want out you have to answer by 2nd May,  yet if you stay you have no idea when Unlimited will be restored. 

Are they crazy or what.  The good news is if you are one of the later people to Redten and got the service at £12.99 then it's only about £30 to end your nightmare.

There formula for termination stays the same regardless of how much you pay per month.

Tuesday 22nd April

My situation at present is that on the 11th April Red Ten told NJP to cancel my line,  which NJP did, takes them 6-7 days to process the request they told me so I actually lost connection on 18th.
 
NJP have confirmed the request can from Redten.
 
Spoke to Clode and they have not had any notice of cancellation from Redten so are continuing to charge me,  Called them every day for an update and pretty much lost it with them today, I called every hour asking to speak to Nicola Dobson as she is the only person in complaints department,  in the end nice lady called Louise calmed me down and said they had tried to contact Redten about my account but had no heard back,  (strange that why would they,  at the moment they don't pay NJP for the line and Clode have given them the money for it, so they are in profit)  anyway she is going to chase this again for me tomorrow and has promised a call back, I actually think she will as well.
In the meantime I've ordered a service from BT, they said no tags on the line, confirming that NJP have cancelled the line completely.

Tuesday 15th April

Sorry the info has been a bit slow this week, currently busy working so not had as much time to dedicate to this as is needed.

The main update is that I eventually received a mail from Redten.

The bad news is that it all it said was "NO"

Thanks Alex at Redten that was really most useful

Think the push has now got to be at Clode,  keep calling them all the time, don't let them fob you off, ask them for a reasonable timeframe for when you should get a response, tell them to contact Redten, they say they have been in regular contact so push them on this,  They have had over a month to sort this and yet it still continues.  Tell them you will call back every couple of hours for an update.  Ask to speak to a supervisor/manager  if ones not available ask for an appointment to call them, The thing hear is to act calmly and reasonably, we know they are in the wrong,  if you put a reasonable request such as when will you have an update on this, give them tight deadlines, ask them whether they think it's reasonable to expect an answer as to when they're going to provide unlimited internet under their joint liablility.

They HAVE to give you a date by which you'll get unlimited back.
 

Thursday 10th April

A couple of lucky individuals have managed to get their MAC codes from Redten, they either paid up front or are still arguing over the finance agreement.

I've reported Redten to OFCOM again, moaned at Clode and had no joy at all all day getting hold of anyone at Redten.  Still waiting for Mr B Gulzar to contact me back...(How about that call you promised...)

Nedmundo posted this helpful message on the forum, that he sent to Clode and Redten

With reference to the above account I would like to make my position clear "But without admission of liability and without prejudice"
With reference to my letter dated 25th March for which I have had no written response,
I feel that the contract to provide a service has been broken by Redten and that their customer service failed to forewarn of the BT Wholesale message of a cut off and they were unavailable to advise me after the BT notification of action despite numerous unanswered calls to them. I have lost all confidence with the provider.
I received your standard e-mail dated 8th April detailing a very different service that I am now to be provided with. "15GB capped". Your reason being that there is a great deal of uncertainty over copy write piracy, but there is no legislation to my knowledge in the UK that ISP providers are required to take such action. I have a home network with 4 computers on it, my children, wife and myself can all use the BBC iplayer, Joost, MSN, and play games on line this can result in 5GB being used per evening, none of which is illegal.
You have a joint liability under the Consumer Credit Act 1974, which I’m sure you are well aware of, as the goods/services paid for under this agreement are unsatisfactory and the contract has not being fulfilled. I was entitled to rely on you through our agreement to ensure that my monthly repayments to you provided a product/service, which was not put at risk, or material alteration to my detriment.
I have taken legal advice on this matter and you are jointly liable for the breach of contract to supply goods/services originally defined on commencement of my agreement with yourselves and Redten. You have failed to provide me with at least one month’s notice of intention detailing the proposed modification and failed toinform me of my ability to terminate the contractwithout penalty if the proposed modification is not acceptable to me.

I am holding you in breach of contract. Therefore, within 10 days from receipt of this letter, I require you to cancel my agreement with you to provide a direct debit of £19.99 to yourselves for the term remaining. This is to be done with confirmation in writing to myself without any penalty and without any adverse effect on my credit record.
It is now your responsibility to seek redress for the funds that you advanced to Redten at the beginning of the agreement. I look forward to hearing from you.

Wednesday 9th April

Spoke to Barbar Gulzar MD of Redten,  obviously he reads this site and the forum as he knew my identity, promised to look into my case and call me back Thursday morning.
He also said that they would not be offering an unlimited service...They are in discussions to increase the limit but definitely not UNLIMITED

Tuesday 8th April
==================================================

Posted by Benjimoron at MSE

OK guys,

About a week ago I promised you some information and here it is!

I have fairly regular contact with Baber Gulzar, he has given me some insight in to what problems they face and what they are able to offer customers in the future.

Redten will no longer be offering unlimited internet, they have got to the point where they can no longer afford to finance unlimited broadband considering the cost of bandwidth has increased and customers are using more and more as time goes by.

Currently everyone is capped at 15GB. Redten are currently in talks to increase this limit to 40GB but this will be the top limit for the time being. They will continue pushing their suppliers for higher limits but the most they'll be able to offer for the time being is 40GB. This 40GB limit option will be part of a phone package. This will mean transferring your line rental and call charging over to the new provider (yet to be announced). The price for this currently looks to be around £16 which will cover your line rental and a package of inclusive calls. This replaces the line rental that you currently pay to BT. You will still be liable for your Redten costs (ie £19.99 a month).

I think I have pursuaded Baber to write to every customer (as required by the contract and law) to inform them of the changes to be made to their accounts. He expects this to happen within about a week once the new supplier has been finalised. On top of this EVERY customer should be receiving a phone call within the next few days telling them about the change of supplier and what options are available. I believe there may be an option to stay with NJP but this would only be a 15GB limit.

There will be no automatic upgrade to 24Mb, it is too costly to provide and with the new limits in place it would just see people hitting their limits much more quickly.

The web-site will be updated so that new customers are aware of the limits in place on the account they are signing up for. He was not able to give a time-scale on this but is going to ensure it happens.

Martin Lewis and his team have NOT been in contact with Redten according to Baber.

And finally an apology:
"Yes we have people buying there PC's and returning, plus people just had enough and do not care about their money and just want out which is sad because we must of emotionally put them at an all time low, which I can honestly say was due to other companies and not individuals within our organisation.
Our downside has been about how we have gone about it, and I hope with this interactive approach I can help ease the stress. I apologise to all customers who have been caught up in this but I can assure you that it was not intentional."


Sorry it's taken so long to get this info to you but I hope it was worth the wait.
Ben.

=======================================================================

Busy day today, no progress but lots of phone calls.

Numerous attempt today to speak to RedTen to get this resolved resulting in nothing.

Clode seem to be sticking there head in the sand and refuse to take responsibility.

Reported RedTen to Advertising Standards Authority and Trading Standards.

Many people received this load of rubbish from Clode.  Admitting we are getting a poorer service, but this is due to concerns over illegal downloads,  Complete rubbish and not a single person believes it. 

Red Ten Internet

Dear Sir

Following on from your recent complaint and further to our previous note of 1st April 2008 you will now have been fully connected to the new Broadband service provided under your Redten agreement by NJP services.

We understand and appreciate the difficulties you will have experienced during the transfer of service from BT to NJP services and can only apologise again on behalf of Redten.

You will note that the NJP supplied broadband service is currently limited to a maximum 15GB download limit per month which differs from the previously supplied ‘unlimited’ facility provided under the BT service.

We understand from Redten that this is a temporary measure introduced whilst they evaluate the recent industry concerns around illegal downloads of various forms of copyrighted media.

It is currently unclear what responsibility ISP’s have in relation to the illegal downloading of these type and they are seeking OFCOM guidance on this matter.

The 15GB per month limit will prove more than sufficient for the vast majority of users however if you feel that this will adversely affect your usage we would ask that you contact Redten as soon as possible to discuss your needs.

We now consider this matter resolved however you can be assured that we will continue to monitor your service to try to avoid any future problems of this type arising again. 


Regards

Customer Services
Clode Retail Finance

Clode Retail Finance, Units 19/20 Neptune Court, Vanguard Way, Cardiff, CF24 5PJ Telephone: 0844 844 4700
www.cloderetailfinance.com


Sunday 6th April

No real news I'm afraid,  I have listed in the resources the details of how benjimoron managed to get a result. The only one to date that I know of, but he had exceptional circumstances, due to technical issues moving his line over to NJP by Redten.

Friday 4th April 2008

Well RedTen and Clode still deny any wrong doing,  RedTen also refusing to give out MAC code's (Another breach of to OFCOM)

Clode refuse that they have anything to do with the delivery of the service

Shiraz Jessa identified as the man behind RedTen and B Gulzar just his monkey fronting the business

Wednesday 2nd April 2008

Bandwidth limititation has been changed to 15Gb.

Clode Finance issued the following email to a number of customers

Red Ten Internet

We appreciate that you have been experiencing difficulties over recent weeks with your Broadband Access from Red Ten following the recent transfer of service from BT to NJP.

All parties have been working closely to resolve these issues and I pleased to confirm that agreement has been reached on the way forward and we expect full service to resume very shortly.

In addition to the provision of a full broadband service we also expect to see the launch of a new customer service line to help with any questions you may have.

I understand your frustration in this matter however I would ask you to bear with us for a short while longer as you can expect further detailed communications on the above in the next couple of days.

Regards

Customer Services
Clode Retail Finance

Clode Retail Finance, Units 19/20 Neptune Court, Vanguard Way, Cardiff, CF24 5PJ Telephone: 0844 844 4700
www.cloderetailfinance.com