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Phones4u - Fundamental breach of contract?
KettleFish_2
Posts: 95 Forumite
in Mobiles
Greetings,
I would be grateful if one of you clever folk could advise me as to whether the following scenario constitues fundamental breach of contract.
Short version: Chequeback dates that vary largely to what my terms and conditions stated.
Long version: After receiving a new mobile phone from P4U and having it connected, I emailed an enquiry as to my chequeback claim dates. The dates I received were clearly wrong and months out of sync with my terms and conditions. I fired off an email response and in the meanwhile called customer care. The kind lady on the blower re-iterated the same incorrect dates and when I respectfully pointed out the blatant error she admitted that the dates appeared to be for an 18 month contract and not for a 12 month contract which I was on. After a few moments of conferring with somebody (I assume) she said that there is absolutely no way the dates can be changed and as such it is impossible to claim for these. Instead, a note would be placed on my account that the chequeback would be cancelled and they would issue a cheque for the full amount should I call in when I receive my first bill and forward it to them by email or fax.
Hours after this, I received a response to the email I sent before I had called in, stating that the dates were in fact correct.
So my question is, as the email I received after the phone call varies from what I was told in the phone call; if they refuse to pay up the full amount as they stated they would, could I fire off an LBA? (I'm itching to try out MCOL!).
I would be grateful if one of you clever folk could advise me as to whether the following scenario constitues fundamental breach of contract.
Short version: Chequeback dates that vary largely to what my terms and conditions stated.
Long version: After receiving a new mobile phone from P4U and having it connected, I emailed an enquiry as to my chequeback claim dates. The dates I received were clearly wrong and months out of sync with my terms and conditions. I fired off an email response and in the meanwhile called customer care. The kind lady on the blower re-iterated the same incorrect dates and when I respectfully pointed out the blatant error she admitted that the dates appeared to be for an 18 month contract and not for a 12 month contract which I was on. After a few moments of conferring with somebody (I assume) she said that there is absolutely no way the dates can be changed and as such it is impossible to claim for these. Instead, a note would be placed on my account that the chequeback would be cancelled and they would issue a cheque for the full amount should I call in when I receive my first bill and forward it to them by email or fax.
Hours after this, I received a response to the email I sent before I had called in, stating that the dates were in fact correct.
So my question is, as the email I received after the phone call varies from what I was told in the phone call; if they refuse to pay up the full amount as they stated they would, could I fire off an LBA? (I'm itching to try out MCOL!).
0
Comments
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Are you not completely overreacting?
Call back, speak to the same person as when you called earlier, and ask them to put the information in writing.
Sorted.Gone ... or have I?0 -
And MCOL is not 'fun' - you have to pay a fee, then this company will, from experience, defend the claim, and will force it into hearing at your local court (for which a fee is payable), and then may or may not enter into negotiation depending on the strength of your case.The thanks button is here to the right. If you find a post saves you money, gives you useful information, or you agree with it, take a second to thank the poster!
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