Phones2u Direct.com

James212

Hi,

My claim has been with P2UD since 04.01.08.
I have not heard anything, (although it has only been 11 days so far).
How long would others leave it before contacting P2UD about this? 45 days as stated in their T&C's, and then send them an LBA, or is it possible to send an LBA say 1 or 2 weeks before the 45 days are up, so that a legal claim can begin as soon as the 45 days are up?

Like I say, it's early days, just wondered what others would do.
Ideally, I don't want to wait months for payment (like I had to with The Mobile Outlet), with the prospect of my 1st claim overrunning into the period of my 2nd claim, etc etc.

James

Quentin

You need to await them breaking the contract before you can start legal action to get paid.

The lba is part of the legal action.

Durrsaku

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?

Send them an email first threatening with the warrant and stressing that you are serious to get your money and you will fight to the end. Send it to all email addresses posted in here for P2UD.

I did that, and they replied to the email and also sent the money. Don't waste any more money.
Make sure you copy that email to one of your email addresses as proof.

Tab1984

Can I have an email address or contact no. for phones2udirect to inquire about my cashback issues?

I've clicked on the contact link on their website but it doesnt work, just takes me back to the homepage :S

jamal_3

we had claim refused because we set up vodafone contract with online billing & when i submitted first claim they said they needed POSTAL invoice.

was never told about this (altho i see now it does say 'postal bills' needed with claim in T&C)

I immediately changed billing to postal & sent in all postal bills BUT they refused all claim because my first claim was incorrect.

now finished contract and out pocket of £420

have i any recourse thru courts or have i screwed up?

pls advise

fazzy84

Jamal I really see no way for you to get your money. It is one of their terms and condition to have the postal bill sent and not been able to fulfill that means it makes all your subsequent claims void too. It is quite clearly set out in their T & C so theres no way I can see you fighting it in court. Sorry.

Won-case-v-P2UD

fazzy84 wrote: »

Jamal I really see no way for you to get your money. It is one of their terms and condition to have the postal bill sent and not been able to fulfill that means it makes all your subsequent claims void too. It is quite clearly set out in their T & C so theres no way I can see you fighting it in court. Sorry.

jamal,

fazzy84 is incorrect.
If you read the OFCOM regs together with the findings of the Judge in the case against phones2udirect, in the Kent County Court (mentioned earlier in the thread), it will become obvious that this aspect of P2UD's T&C's are 'unfair'.

As long as you have, in good faith, attempted to meet P2UD's T&C's, and this is your only 'mistake', then most Judges will look favourably on your case.

Quentin

In fact the case reported in the Ashford (Kent) county court earlier in the thread was one in which the judge dismissed the claim which was based on this condition being unfair - the claimant had not sent in the complete postal bill (required in the conditions), and the judge agreed with the defence from P2UD that this was a requirement of the contract.

jamal_3

Quentin wrote: »

In fact the case reported in the Ashford (Kent) county court earlier in the thread was one in which the judge dismissed the claim which was based on this condition being unfair - the claimant had not sent in the complete postal bill (required in the conditions), and the judge agreed with the defence from P2UD that this was a requirement of the contract.

ok - great replies BUT i'm unsure/mixed up now....

acc. to last post by Quentin - have I got any case or not (have i not fullfilled the correct terms or may the judge disregard this t&c as being unfair and unreasonable??)

also, is there any time problems cos my contract ended in Sept 07....
& i was unsure whether to sue or just forget it (as mebbe i had no case) & leave it as a bad dream!!

Quentin

The case reported doesn't set a precedent (you need a case to be settled by a higher judge than the district judge who ruled in favour of P2UD in the Ashford Court).

So you shouldn't be too put off by that result.

You have broken the conditions of the contract, so get some advice on whether you might win using the unfair condition argument. (But you will see that condition was the very one under discussion at Ashford).

There is no problem regarding the time delay - you have 6 years to legally pursue a debt.