Phones2u Direct.com

David_beach

Rushabh wrote: »

Can you please let me know what terms and conditions they urgue you to follow. In my case I submitted original invoice but forgot to send a covering letter and I am having my court case on 8th January.

Why on earth have you spent at least £30 on MCOL without doing your home work first and more importantly you are in the wrong by not followed the terms and conditions!

One born every minute!

DanG_4

David,

You are clearly another self-styled "expert" who is discouraging those who have legitimate claims against P2UD.

Will you please inform us, in respect of your declared supposedly authoritative and pompous opinion, what cases have you actually won against P2UD or other mobile companies in the courts? What are your legal qualifications? What formal qualifications at all do you have? If you do not understand the difference between "whether" and "weather" it does not seem that you are very well educated at all, and it does not seem that we can place any importance at all on your overbearing pronouncements!

Some of us are highly educated and have actually won cases in the courts against these scammers, as a result of much legal research. We are trying to help others. If people like you and Quentin continue with your destructive and self-opinionated postings here, clearly without proper substance, or it seems any acknowledged qualification to do so, I for one shall abandon attempting to help others on this forum.

Rushabh, unfortunately now you will have to pay not only £30 or more according to the total amount you are initially claiming in the court, you will now also have to pay a hearing fee of a further £25 if your case is contested (which has recently been introduced), so you need to make sure of your facts and the legal reason why you believe you can contest the action of P2UD. If your problem is that you actually forgot to send a covering letter, and this is stated as being required in the current terms and conditions, then you are in a difficult position. To be successful in a court claim against an entity like a mobile distributor you have to show that you have tried to keep to the spirit of their terms and conditions, but that there have been problems outside of your control. It seems that you have not done that. If you have submitted a claim to the court on the basis that you admit that you did not send a covering letter with your claim to P2UD stating the information which they require in their terms and conditions, then you are on a loosing path right from the start.

If that is what you have done I suggest that you apply to the court for a Notice of Discontinuance of your claim before you waste any more of your money pointlessly. If there is any real reason which you could have in pursuing a claim, then I suggest you submit a new one. However, you must think out the strategy extremely carefully, if you are going to have any realistic chance of winning. You will not win just because a distributor has not paid you the cashback which you believed you were going to get! You must be able to show that although you attempted to follow the terms and conditions as you understood them, the mobile distributor is attempting to place a different specific interpretation on them, that they did not negotiate the terms with you before the sale, but used a preformatted set of terms and conditions and imposed them on you. As a result, because the terms and conditions were ambiguous, muddled and not clear to you, although you tried to follow them as you understood them, the mobile distributor tried to place a completely different meaning on them to attempt to cheat you relative to the contract you entered into.

Unless you can show that you will not win. This is exactly what the cases Graham v Phones2udirect at Tunbridge Wells, and Feltham v Phones2udirect at Chelmsford did. You may cite these cases, but there must be similarities in your case which mean that it would be illogical for a District Judge to find other than already so found in those other cases relative to those similar issues in your case.

Hope that is of some help to you.

Rushabh

Thanks David and Dang,


I thought to provide them all the information that is needed i.e. Name, address, telephone number, etc and so I send them the original copy of my invoice. They straight away rejected the claim by saying they need a covering letter. Also the point is they never reply to phone call and emails. This is totally unfair as they claim to meet this is their terms and conditions.

So David, according to me I think this is unfair on their side and I am not going to leave this. Loosing or winning is second issue, but the way they conduct the business is not correct. I am in process of gathering evidences and Luckily I have about 10-15 friends who have the same issue. I hope to make a strong case and will update you as it goes......

Thanks anyways for your tips.

Rushabh

DanG_4

Hi Rushabh,

I understand that you want to take a stand against P2uD, but you must realise that if the basis on which you have entered your plaint is that you forgot to include a covering letter, you are now in a very difficult position if the terms and conditions state that you must send a covering letter with each claim. If you had claimed that you had included it and had a copy of it you could have had perhaps a better case.

I would suggest now the best approach is to quote the Unfair Contract Terms legislation, to cite the Tunbridge Wells case and the Chelmsford case both lost by P2uD on that basis, and to state in your evidence to the judge that you feel it was unfair that P2uD waited until after the last date on which you could have taken action to rectify the situation under their terms to notify you that they had not received a covering letter. You must claim that they clearly did this deliberately so that they could avoid paying out the cashback due to you. Since they did not give you the opportunity to rectify your omission that fulfills the same conditions as the Tunbridge and Chelmsford cases. You might then be successful on that basis.

Hope it works out for you.

footyfan

An update as promised.:j
I have now received a cheque for the first two cashback payments. I should have waited the 45 days from them receiving the last request (it's in their T&C's), as they disputed the final claim, because it was still inside this period. However, I'm still pleased to get the first two cashbacks.
I'll be submitting another claim for the third cashback payment, as they have completely ignored that one as well - surprise, surprise.

Just thought I'd post as encouragement for others to keep persevering. Provided you have followed their T&C's to the letter and used recorded delivery post as proof of sending, you can always use the small claims procedure to make them pay up via HMCS Money Claim Online.

Born2Save - I don't think the text field that's filled in when you submit a claim allows copy and paste, so I don't have this easily available. I simply stated the dates/facts.

Don't let them get away with it.

More importantly, don't sign up with Phones2udirect and expect your cashbacks paid without a fight.

My advice is to avoid them altogether!

lolaborro

Hi Rushbabh, the best way you can illustrate how many phonecalls and emails you have sent to P2UD is to print all the emails and to bring a copy of your phone bill with all the phonecalls you've made to this number. Then say that you didn't get any replies to any of them. It will be up to P2UD to demonstrate the contrary.

piglet33

Can somebody help? When exactly during the process did you get your money? I issued a claim against P2U 6 weeks ago, and have since entered a default judgement against them as they failed to file a defence. But they still ignore me and i still dont have any money from them! Do i fork out the extra £55 to enforce the judgement with the risk of not actually getting my money back at all?? please help.

piglet33

Hi Everyone, can someone help? I issued a claim against phones2udirect around 6 weeks ago, as they are overdue paying me cashback (like so many others here) by about 3 months! The filed an acknowledgement of service, and then failed to file a defence so i entered judgement by default and they are ignoring that too! if i pay another £55 to enforce judgement can they ignore this??????!!! how can i insist on actually having a hearing against these !!!!!!!s?!

alnsv1000s

I would think, what with Phones2Udirect changing their format to an affiliate of CPW, that they may not be around much longer.

Don't know wether it is worth throwing good money after bad...

Artemiss_2

Hi Guys

Looks like we're all having the same probelme with Phones2udirect. My claim was rejected since they claim they found the last two pages (which contains the itemised billing) missing in my August phone invoice. I know I sent all of it to them since I kept all the copies that I sent them. Since then, I have asked them to send me all the stuff that I sent them back to me but they have refused. Because my cliam was rejected, I will not be able to claim for the remaining 6 months which means, I will end up paying nearly £450 for using my phone for the year. They will do anything to find mistakes. The last two pages only contain itemised billing and nothing else about tariffs.

These guys are real scammers. I suggest all of you who have been scammed by them send in your complaints to Offcom and get them shut down. The more peopel complain to offcom, the more likelihood of them taking action against them. You should also tell your friends not to buy anything from them. Who knows, maybe offcom will get them to hand over the money.

You should also speak to your network provider and let them know what has happened. They too will take appropriate action if your claim is legitimate.

Here's the link to Offcom:

http://www.ofcom.org.uk/complain/

Good luck.