Phones2u Direct.com

piglet33

also, lolaborro if you do have a list of ?? vs phones2u cases with dates where they lost that i can arm myself with for my hearing, it would be great if you could send them to me? The graham anf feltham ones are slightly different to my case as i followed their grossly unfair t and cs exactly and they still didnt pay an they are defending my claim saying they did!
thanks

fazzy84

I have to second piglets post above. Would appreciate any ammunition against P2UD.

lolaborro

piglet33 wrote: »

also, lolaborro if you do have a list of ?? vs phones2u cases with dates where they lost that i can arm myself with for my hearing, it would be great if you could send them to me? The graham anf feltham ones are slightly different to my case as i followed their grossly unfair t and cs exactly and they still didnt pay an they are defending my claim saying they did!
thanks

Hi Piglet33, I'm sorry but those two are the only ones I have. In your case, you have it quite easy as they will have to prove that they paid you. In the meantime, if you get any cash from them, take it!!! You may not have that chance again. You can chase them for the court fees later.

I'm kind of bothered now because a fellow victim emailed me yesterday saying that Vodafone had told him Phones2udirect had gone into administration?? I'm trying to find out more about the source of that information but, guys, I think that from now on, it may be worth going for the Networks as well, after all, the retailers are representing them and acting on their behalf and even though they are separate entities, they encouraged these cashback deals, so they should have some sort of liability.

Now, the only thing that motivates the Networks is bad publicity, so I suggest we start emailing the press/TV.

Another alternative may be suing the administrators of Phones2udirect (Angela and Dave Ellis) for their personal assets, since their business doesn't seem to have any.

Any thoughts anyone?

lolaborro

theresonlyoneeric wrote: »

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!

This is great info, thank you!!!

mobilejunkie

Basic errors. If they are still around you can sue. Mass protests to the networks will ensure they go bust and you'll get nothing. You can't sue the administrators. Da!

1) Establish that they're still trading (if people are still getting cheques they must be).

2) If they are, go the LBA route and sue without delay (subject to losing your court fees should they go bust in the interim). DON'T hound the networks; if they withdraw their business the company WILL go bust and you'll be far worse off. Of course, that might prevent others who don't follow the groundrules taking out new contracts with them. So - how altruistic are you?

3) SHOULD they go into administration don't make all the basic common errors already starting to appear on here. This has happened several times in the last few months so LEARN FROM WHAT HAPPENED PREVIOUSLY. I did and it saved me a packet on one occasion whilst others (too slow and/or busy ranting) made far less saving.

Anyone buying from this company made some VERY basic errors originally. (see post one on thread below). Now you have to deal with whatever situation you are presented with as best you can based on the realities and not the rubbish that usually appears. Post 32 on the thread below deals with the situation where a company goes under. There are other (I think) useful posts on my guide too - regarding LBAs for example - which some may find useful (a lot of others have).

http://forums.moneysavingexpert.com/showthread.html?t=558661&page=2

SHOULD the company go bust, take the time to read through one of the better threads on recent similar situations - the one on Mobile Affiliates. It will help you establish what you CAn do, what isn't worth dreaming about and how much help you're likely to get (and from where) in practice. Vodafone has been far more sympathetic than any other network and has done itself the power of good as a result. Most people with them were more than happy with Vodafone's response; the other networks were rubbish. HOWEVER, it's NO use hounding them NOW. They can and MIGHT only help when the company has gone - and there are no guarantees they will.

fazzy84

AH rejoiced for a while when I saw P2UD website back up but it seems like all deals are still linked to other shops. Ah but theres still hope I guess as long as the website is up.

*Fingers Crossed*

ericthelobster

Having just got a judgement against P2UD for 160 quid, is it worth paying up another 35 quid for a Warrant of Execution now or does the panel reckon that will be chucking good money after bad? Any experience here?

Quentin

It is £55 for a warrant for £160.

mikeyboy01_2

ericthelobster wrote: »

Having just got a judgement against P2UD for 160 quid, is it worth paying up another 35 quid for a Warrant of Execution now or does the panel reckon that will be chucking good money after bad? Any experience here?

In my experience they paid up after about 10 days after entering judgement through there non issue of a defence!

James212

ericthelobster wrote: »

Having just got a judgement against P2UD for 160 quid, is it worth paying up another 35 quid for a Warrant of Execution now or does the panel reckon that will be chucking good money after bad? Any experience here?

Hi Eric,

Personally, I would say it was definitely worth it, unless you have a concrete knowledge that they are about to go, or have gone, bust. You should get the £55 back anyway (unless, as I say, they have gone bust). I have only had prior experience of requesting a warrent once before, with The Mobile Outlet (TMO), and I must say I received a cheque very soon (within 2 weeks) of applying for a warrant. I wouldn't give a companies such as these any longer than 5 working days to send you payment, between them receiving the court's judgement in your favour, before you apply for a warrant. Although you are in no way obligated to, you could telephone them and explain that you have judgement in your favour, and you want your money in the next available post - otherwise you will be applying for a £55 warrant, the cost of which they will be liable. This is what I did with TMO, and they more or less ignored me, so it cost them an extra £55.

My warrant was for approx. £270 (£185 cashback + £30 MCOL fee + £55 warrant). TMO tried to get out of paying the £55 for the warrent (by pre-dating the cheque) but I got it eventually. After all, once you have judgement, you are perfectly able to enforce this with a warrant the very next day, if you wish.

James