Phones2u Direct.com

lolaborro

kai1esh007 wrote: »

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

Hi Kai1esh, I think you would have to wait the 45 days and if they don't reply back or send any cheques, I would also recommend you send them a letter giving them a ultimatum, as you will need to prove that you did everything you could to solve the matter directly with them before going to court.

James212

kai1esh007 wrote: »

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

Hi kai1esh007,

Yes you definitely need to wait until the 45 days are up. Sounds like you are in a similar situation as me. My 1st claim was delivered on 04/01/08. We need to wait the 45 days stated in P2UD's T&Cs, after all they may pay up within this period! But for argument sake, say they don't pay, then you need to send them an LBA asking for payment. I posted an note on this thread yesterday asking for other people's opinions, as in the covering note that I sent with my claim, I included the relevent details required for an LBA.

James

theresonlyoneeric

lolaborro wrote: »

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!!

I'm no legal expert at all. I worked on the assumption that there was a contract for them to pay me £420 in three instalments providing I adhered to my side of the contract. I did, and they did not. Thus I argued that as they were either unable or unwilling to honour the agreement, they had made it null and void and so I should be awarded the complete contract amount. P2UD absolutely did not share this viewpoint, and their submission to the court made that very clear.

In my case, because of the length of time that it took to come to court, all three payments were due anyway, and in fairness they had paid them by then. But the judge must have agreed with me because I got all my costs awarded!

Quentin

lolaborro wrote: »

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?

If you stick to the ts + cs and they then don't pay a claim as agreed, then they have committed a fundamental breach of the contract.

Get your solicitor victim to read up on "fundamental breach".

kai1esh007

:beer:

James212 wrote: »

Hi kai1esh007,

Yes you definitely need to wait until the 45 days are up. Sounds like you are in a similar situation as me. My 1st claim was delivered on 04/01/08. We need to wait the 45 days stated in P2UD's T&Cs, after all they may pay up within this period! But for argument sake, say they don't pay, then you need to send them an LBA asking for payment. I posted an note on this thread yesterday asking for other people's opinions, as in the covering note that I sent with my claim, I included the relevent details required for an LBA.

James

Hey James 212, might be an idea to stay in touch to see if you or i receive any cheques (Highly unliklely), what say you

Durrsaku

Well, I have just received today a cheque for my last claim including the MCOL cost. As i was about to issue a warrant(glad i didn't). So success story for me. This was my third and last claim and i am done with Phones2UDirect. :j Hallelujah

Would like to thank everybody here for their help and support. :T

Won-case-v-P2UD

Some info, regrading a new website for "Mobile Phone Shop"

The sites webpages display phones2udirect as the logo on the pages, but the webaddress appears as:
http://www.uktelecomstore.co.uk

---

Whois Record

Domain name:
uktelecomstore.co.uk

Registrant:
A Gymer

Registrant type:
Unknown

Registrant's address:
Unit B4 Chaucer Business Park
Watery Lane
Kemsing
Sevenoaks, Kent
Sevenoaks
Kent
TN15 6QY
GB

Registrar:
Heart Internet Ltd t/a Heart Internet [Tag = HEARTINTERNET]
URL: http://www.heartinternet.co.uk

Relevant dates:
Registered on: 22-Feb-2003
Renewal date: 22-Feb-2009
Last updated: 04-Jul-2007

Registration status:
Registered until renewal date.

Name servers:
ns0.di-hosting.com
ns1.di-hosting.com

---

This, in turn is associated with the following Domains:

Phones2uDirect.co.uk
Phones2uDirect.com
Phones2uDirect.net
RedantDesign.com

---

The site's Design & Development is by www.redantdesign.com

About Us
Red Ant is a professional web design company based in Kent, offering high-quality websites and development services to clients in Kent, London and the South East of England.
Red Ant create, build, deliver and host innovative digital business strategies for a vast range of clients from small and medium size businesses, to large corporate and Government organisations.
Contact

Administrative:

Hampshire UK GU51 2RD

Registrant:

Red Ant Design Limited KENT UK ME14 2BD

roo291

Congrats to all who have won.

They had acknowledged that they should have sent me the cheque but in a simple case of human error it had been overlooked. They agreed to send it with a reduced court fee. Perhaps stupidly - I decided to tell them to shove it - I wanted the interest I had claimed - they have to be forced to pay interest to make this a less profitable route for them.

Now, court in Feb and claim 2 is already well overdue and claim 3 will be submitted shortly (bill due any day).

Spoke to court based on info on website set up by lolaborro (so thankyou)about altering my claim. They told me that it would cost a further £75 to amend and I would have to do it immediately although they could not tell me if there was an actual cut off point. (she didn't inspire confidence in her knowledge to be honest.) I figured that I would have to wait until I had at least submitted my claim but from what you are saying perhaps I could alter it now. The thing is I don't want to delay the court date because like others I fear they will go under (or by the looks of things set up under a new name and then go under)

fazzy84

Hi All,

After many months of reading advice on P2uD I am finally posting my first post.

My situation, is similar to all others. Have sent 2 correct claims and one early claim, heard nothing except one rejection for early 2nd claim. Will be sending the 3rd and Final claim in a month

(Jus to explain the early claim: I had sent my 2nd claim month early but soon after posting the claim I checked my paperworks and realised I need to send next months so I did do that too. So all is well according to the T and C)

I have issued proceedings through MoneyClaim and they have acknowledged and plan to defend in full. (Something I've read here that they do always).

I can't see anything that they will be able to get me with as I have followed all the terms & conditions. I also took pics of all the documents as I put it in the envelope (as I've read that they use this tactic often). Now just hopin they don't go bankcrupt just yet!!

I too have claimed the full amount of £420 in my court claim plus £35 costs. So now just wait and see where my court claim takes me. I'm hoping they dont pay up and I go court and reclaim my full amount rather than having to claim again for my 3rd claim.

Just a question though; If i recieve a cheque (First claim plus cost) from them within their 28 acknowledgement period SHould I accept it? ALso what do I do if they just send me a cheque without my costs? DO i say start judgement in the Moneyclaim screen?

Any other help, advice, tips on ensuring a win will be much appreciated. Thanks

piglet33

hi there,Im returning to this site after a while and am glad to hear that lots of you are winning your cases against this awful company. Also thanks to lolaborro whose site is very helpful. I agree that it would be very useful to have lists of previous cases won by phones2u victims for failed cashback as although it my not set a precedent it would demonstrate to the judge what sort of company they are and ow they are renowned for purposefully delaying payment until court action. I myself am awaiting a court hearing date and in my case they have lied on ym defence and have said they paid me already which they didnt! i guess this will be easy to prove in court, but ioncerned about what i should do if they send me a cheque in the interim without costs. I previously asked people for their case numbers as evidence, and i have one person tibbyltd pm me a number and asked me for mine but seems a bit dodgy as tbbyltd has no posts on this forum. does anyone know this person or could tibbyltd tell me who they are? thanks