Phones2u Direct.com

mikeyboy01_2

I am in the same position as piglett33 P2u have not defended my claim and I have entered judgement by default , dont know what to do next , any one else been in this position , do I risk another 55 english pounds to enforce judgement( send the bailifs round) ?? I am tempted to wait to see if any more info emerges on there trading position as it does look like they are on the slippery slope of ceasing to trade . any suggestions greatly appreciated .

piglet33

hi mikeyboy, glad to hear that at elast someone else is in same position as me; i am tempted to go forward with enforcement as i've come this far. Alos it has been about 2 weeks now since my judgement was entered so i dont think any amount of waiting around is going to make them pay up! Does anyone know of a way that i can actually get a hearing-ie bring them in front of a judge to put my case forward?? or is this not possible if they dont file a defence?? seems a bit silly that they can just ignore it and you cant take them to court? surely thats why you pay the fee to begin with-so that you can bring on a court case?!

Durrsaku

I have just filed a claim today on line through the small claims court. I have received first two payments but they haven't paid the last one. I have followed the T&C to the dot but they have not paid since July.

I have sent faxes, emails, letters and have proof for all of it.
I had one reply about a month ago to say that my claim was escalated but still no money sent. Finally i have bitten the bullet and filed a claim as they are not sending the money and are in breach of their T&C. Will see what happens next.

piglet33

After phoning the court to enfore my judgement and issue a warrant to get my monye, i ahve found out the phones2u have aplpied to remove the judgement-dont know on what grounds?! so now it has been referred to tunbridge wells court and hopeully that means i will get a hearing, but it does mean that i have to delay issuing the warrant until it goes ebfore the judge. I think they are doing this on purpose to drag it out as long as they can so they go bankrupt before they have to pay any money out! However, if i get a hearing I want to claim for the cost of the enitre contract now (my inital claim was jut for first installment) as it is clear that they will avoid paying the rest also. Can i raise this in court or will i be limited by the amount of my initial claim? Any advice would be much appreciated. I amre ally hoping i willg et to go to court now and get ALL of my money abck, as opposed to have to pay to enforce a warrant to get just some of it back!
Also, is there anyway, we can all get together and issue a joint claim against these !!!!!!??!!

Katie-Kat-Kins

For everyone who has obtained judgement in default, you will not get a hearing, there is no need for one as you have effectively won your case. Your only problem now is getting them to actually pay out, if the company is still trading (checkout companies house) I'd be inclined to try enforcement, although it would probably be worth a threatening letter beforehand.

imasavernow

I've also got an unpaid CCJ agianst them. Are they still in business? I'd hate to spend £55 on a warrant of execution onnly to find they have gone **** up.

piglet33

I was informed by the court though that the warrant would be delayed until the appication to set judgement aside by the defendant was seen by the judge and i had to wait for info. is this right? or can i issue warrant anyway? i dont want to waste my money..although if they are about to go bankrupt i guess i need to issue warrant sooner rather than later?

footyfan

My cheque cleared about ten days ago, so this would indicate that they are still in business. Maybe someone who has purchased/received their phone or had cashback or a claim paid in the last week can comment.

I've had to start another court claim for the final cashback.

Durrsaku

I suggest that you wait before you spend more money. The judge can set the judgement aside, it has happened to me so don't do it just be a bit more patient.

alnsv1000s

They connected their phones through Dextra. Last week Dextra ceased dealing with Phones2U so they are now an affiliate of E2save.
This will not bring in loads of money for them so you may struggle getting money back.