Phones2u Direct.com

Rushabh

Dear friends,

Today I had my hearing and I have won against P2UD in small claim county court. I'll give you full details in a week as soon as I get the official letters.
For present, I'll just list the main points I made:

1) No means of communication: previous phone bills, emails, letter send ,etc can help proving there's no means for communication

2) Unfair T & C's: No time to rectify the situation if I have done any error. Exact to Graham vs. P2UD case Pls mention the case ref. no as its important. with other details court name, judge name, etc...

3) In my case I send the 6th month bill with recorded delivery with original invoice. My claim was rejected as I forgot to provide a covering letter. I defended this saying that T & C's v 3.5 doest mention about covering letter but only says the word "Letter" instead of "Covering Letter" and I belive the invoice to suffice the requirement as it has my name, address, invoice number, telephone number as required in the letter.

Hope this helps!! If you need further info, let me know...

I would thank everyone a lot for your help (especially Dang) so that I was able to make a sound case.

Cheers and keep fighting.

Dr. Rushabh Vora

Durrsaku

well done and good for you.:T

Gin_and_Tonic_2

I received cheque today after winning my case against them.

On the assumption that it clears ok, it would appear that this company is still trading.

I therefore suggest that all complainants commence or continue with their court actions. This company may go bust, but that is surely better than letting them get away with it.

James212

Hi,

I've recently (last week) submitted my 1st claim of a 12 month contract to P2UD. After previously taking The Mobile Outlet to court last July for £185 cashback they tried to withhold, and finally getting paid some months later plus £85 costs, I am better prepared this time.

My claim was sent 10 days within the 21 day deadline (despite Xmas postal delays), and by Special Delivery with consequential insurance (£5.65). I included the arbitrary details on the covering letter (such as my name, the P2UD invoice number, my address, & the phone number for which I was claiming), as well as the original purchase invoice document, and the original (including itemised pages) line rental invoice for the month that I was claiming (7th invoice received for my "6th month claim").

Within the covering letter I also included this paragraph:

"Please be aware that if I do not receive payment within 45 days of the date you receive this claim (as per your terms and conditions), I reserve the right, without further communication, to initiate proceedings via HM’s Courts Service, to obtain the cash back entitled under this contract. Therefore, to avoid additional costs to yourselves, your prompt payment of £--.-- is appreciated."

Obviously, I hope that P2UD will work out that I am familiar with cash back mobile phone contracts, and will pay up within 45 days, but am interested in hearing whether other members feel that the inclusion of the above paragraph, effective making this a LBA, a good idea or a step too far?
(I used the same template letter for a friend with the company, buymobilephones.net, and they paid the cashback on time.)

James

theresonlyoneeric

I have just returned from County Court, having won my case against them.

I had issued proceedings via the MCOL link after they had failed to pay me the first two of the three cashbacks, but I claimed the full contract value - ie all three cashbacks even though the third one was not due at that time. This came to £420 plus £50 court fees. I cited 'breach of contract'. Proceedings were issued and they actually paid me £280 plus £30 fees. After I cashed the cheque, I rejected this settlement and indicated that I intended to pursue the matter.

I then completed the paperwork for the third instalment. I then paid the Hearing fee of £50 and completed the Court form.

Five days before the hearing, I received a cheque for the final cashback (4 months late) but no £20 legal fees, or £50 court hearing fee. I was badgered by Alex Bunce to drop the case – the first e-mail I’d ever had from their claims department! I attended the hearing; he didn’t and the Judge awarded me my £70 court costs. In my opinion he had read the documentation beforehand and had worked out in his own mind what sort of company they are. It was all over in 5 minutes.

My advice as a non-legal person, in case it helps:

1) Adhere to their Terms and Conditions. Sorry to sound smug, but my submissions were watertight. They were delivered exactly as per their instructions and within the timescales by Recorded Delivery.
2) Don’t wait until the end of the contract to sue. If they don’t pay when they are supposed to, then the contract is null and void. Go for the full amount.
3) If you’re having fears about taking them to court, then don’t. The process is fair, quite painless and nothing like as intimidating as I expected.

Good luck!

Quentin

Good news.

Anyone else considering a MCOL should also claim interest (when first making the claim) on the amounts actually overdue, and if it goes to court asking for your travel expenses on the day of the court hearing (as well as an amount for any loss of earnings to attend court)

Won-case-v-P2UD

Had my hearing today. P2UD did not attend, but sent a letter citing a particular legal point whereby they can inform the Judge of their intention not to attend and have the hearing take place upon the evidence submitted by them in writing.

The particular point in Law requires they inform both the Judge/Court and the other party (i.e. myself) at least 7 days in advance of the hearing of their intention to not attend.

Unfortunately for them:

1) They did not write to me and tell me that (-The Judge asked me if I had received such a notification.) The day before the hearing, via Recorded Delivery, I had received the Documents upon which they were going to rely upon in Court - but nothing to say they were not going to attend!.

2) The Court itself only received the notification a day or so earlier - not the 7 days minimum required! Even the date on the letter indicated that it had only been typed a few earlier - not the min. 7 days required to write/send and be received by the Court.

3) Their 'Documents' contained:
a) A copy of the T&C's
b) A copy of the original invoice (when I purchased the phone)
c) The first page of a copy of my Month 6 Invoice that I had sent them.
d) A copy of their Witness Statement.
===>>> How did they know that I was making a Cashback Claim and thus rejecting the Claim, if I had not sent in any other Docments?

4) I gave the Judge details of other cases P2UD had lost. (info. from this and other sites).

5) I gave the Judge extracts from the Offcom regulations which indicated that ,possibly, P2UD's T&C's were not totally in compliance.

The Judge only took a few minutes to decide in my favour. Even though P2UD had rejected only my 1st CashbackClaim, I asked the Court to award me ALL the CashBack amount (1st, 2nd and 3rd Claims), plus Court Fee's.

I should receive a copy of the Court's official Judgement in the next few days.

Now I will wait and see if I get the money from P2UD. If not, I will send in the Bailiffs. Hope they don't cease Trading until I do get the cheque (and it's cleared).

Funny thing is, P2UD have tried to get out of paying the Cashback Claims by claiming that Customers have not exactly followed their Terms & Conditions (i.e. Correct paperwork, within the correct timeframe), and then end up losing in Court possibly due to themselves not doing the same vis-a-vis the Correct paperwork and Timeframe, according to the Court's requirements!:rotfl:

mazmas

Pagan98 wrote: »

I've just requested judgement by default as Phones2udirect have failed to enter a defense even after acknowledging my money claim (seems to be just a time wasting tactic).

Has anyone requested a warrant of execution against Phones2udirect.co.uk Ltd? If so, which address did you use - the trading address or the registered office - and was the warrant successful?

From looking at their website I'm concerned that they are now just a shell company with only affiliate links as a source of revenue and I'm wondering whether there is anything for the bailiff to seize. I wonder if I might be better off going for a third party debt order against their bank account?

Hello,

In my case before requesting for a warrant I sent them an e mail giving them last chance to make the payment. In my case they did in the next few days including initial court fee. So it will be worth sending them an e mail giving a clear message that you are very serious in pursuing your case till the end.

kai1esh007

A little advice would be much appreciated

I have sent in my 1st cashback with all document and more, sent it recorded etc etc, and checked that it was delivered through track and trace.

Do I now need to wait the 45 days since it was delivered on the 8/1/08 before I can start my claim through mcol (I guess this is the case as until 45 days passes they are not breaking their own T & C) or is it possible to start a claim before the 45 days

Any advice from those who have started, or have won their claims is much appreciated

thanks in advance

lolaborro

theresonlyoneeric wrote: »

My advice as a non-legal person, in case it helps:

1) Adhere to their Terms and Conditions. Sorry to sound smug, but my submissions were watertight. They were delivered exactly as per their instructions and within the timescales by Recorded Delivery.
2) Don’t wait until the end of the contract to sue. If they don’t pay when they are supposed to, then the contract is null and void. Go for the full amount.
3) If you’re having fears about taking them to court, then don’t. The process is fair, quite painless and nothing like as intimidating as I expected.

Good luck!

Theresonlyoneeric, many congratulations on your victory, well done!!

Your message is very interesting. I did something really stupid, I claimed for for first two tranches, and then, the day of the hearing, after the judge had ruled on my favour, I told him I wanted to increase the amount to include the third tranche as well. The judge said we couldn't modify the amount but gave me permission to change the particulars of the claim and get a second hearing without having to pay any extra. The problem is that the second hearing hasn't been scheduled until March and in the meantime P2UD could well go out of business and then I won't get a penny. I should have ammended the particulars of the claim as soon as my third tranche was overdue or at least keep the two thirds the judge granted me and do a second claim for the third tranche... and I'm also risking ending up with a judge who will not rule on my favour.

It's a bit too late for me, but there are lots of people in exactly the same situation, you suggest that they claim for the full amount but I checked with a solicitor victim I'm in touch with and he said that according to English law, you cannot claim for an amount you are not yet owed... How do you suggest people can do this? Is there a law they can quote to claim for the full amount on the basis of 'breach of contract? Any info or suggestions will be much appreciated. Thanks!!