We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Advice needed on taking a company to the small claims court

Options
Tyler_Du
Tyler_Du Posts: 712 Forumite
Hi Guys this is the situation :-

I took 2 cashback mobile deals out with the same company (who shall remain nameless for now) lets call then Company A. Both phones arrived on the same day, one was for me the other for my wife, both phones are on the same network. When I sent the cashback documents in I checked the Ts & Cs on my paperwork and assumed that it would be the same for both phones / deals. I then got 2 letters from Company A stating they where rejecting both claims because I hadn't included some of the required paperwork, Document A. At this point I re-checked the Terms and one set does say to include Document A, the other set doesn't. Unfortunately I had only read the Terms that do not say to include Document A and as such did not send this in.

I have written to them with a copy of the Terms that don't method Document A and have said that I will take action against them in the Small Claims Court unless they reply within a certain time.

They have not replied to my letters and I now need to start the Small Claims Court action, how do I do this ?

The other question is, how is the court likely to view this situation, I was sent 2 different set of Terms, but only realised this after sending the claims in. I think its reasonable to assume that both sets would have been the same, unfortunately the Terms I checked / referenced when sending the claims in seem to be an older version that I can only imagine I was sent in error.

Comments

  • JAYMARSH2005
    JAYMARSH2005 Posts: 2,718 Forumite
    1,000 Posts Combo Breaker
    If they have sent you the wrong terms an conditions then its fair to say you have a strong claim, there are a lot of people who are making claims to companys for cashback and you should be succesfull as companys like oftel and watchdog are now aware of this. Keep all emails, letters they send to you and always get proof of posting when you send in the claims and you should be able to get your money back.
  • Tyler_Du
    Tyler_Du Posts: 712 Forumite
    I'm just concerned that I might lose the cashback on one of the two claims as under the letter of those terms I didn't follow the instructions
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.