Phones2u Direct.com

magoo1406

Kailesh007, I was fortunate in that my claim was for my last 2 cashback amounts not future claims. Regarding claiming for the full amount of your contract because of a breach of T&Cs I would take advice from others on this forum rather than me. I guess it's a case of weighing up whether to go for what you can get now, which could get you a cheque within a month or so of commencing a claim with MCOL, or risk prolonging the action by giving P2U something to argue against - see posts from fazzy84 and Quentin above. All I can say is what I did worked for me and I got the court costs too. So if P2U stay in business long enough to see out your contract you should be OK.

fazzy84

Quentin wrote: »

If that is the complete claim that you have sent in to them, then there is no detail of why you have claimed the full amount of £420.

You have only described that 3 claims were necessary, and you have so far completed 2 of them.

When they didn't pay you as agreed, they committed a relevant breach of your contract, but you haven't said that in your claim.

Was my 1st time MCOLing so dint know what one puts on the claim bit. It has limited space too; Thought I was suppose to describe my whole cashback process. Damn. I did brush on the fact that they have broken their T & C by not paying within 45 days.

So would your advice be that I accept their defence/payment?

Also, on their defence they say they will pay me on the 25th Of Feb if I accept as that is when their next cheque run is. If i accept their defence what if they decide to not pay me again when 25th comes? What happens to MCOL? Is the case still left open?

Quentin

Only you can decide if pursuing this claim is worthwhile, bearing in mind that if you want to carry on you will have to pay the fee for the hearing (which will only be repaid by p2u if you win the case at the hearing).

You need not accept their defence - you can just not reply to it.

Once the time allowed for you to reply has elapsed, then the case will be closed.

fazzy84

Yes have to make decision of whether to accept their offer or go for hearing. Was hoping others here would know if my chances of winning are good or not on the basis of P2U breaking their T&Cs. If I dont reply and the case closes then how does it benefit me? claim will be unresolved and I will lose MCOL fee no? Ahhhh.

WCoyote

Realistically it depends on the Judge. Some will consider it a simple technical breach of contract, meaning that despite the fact they didn't pay, the fact they eventually did (due to the partial admittance) means that the contract still stands and the rest of it is still down to you to claim. The company will doubtless argue this, so if you don't accept their partial defence and do not claim the other instalments, when it goes to court you might lose out.
Other Judges might class it as a Gross breach, but you will need to demonstrate that you did everything right (including sending in claims for later instalments).
It's difficult to say what your best option now, it depends on how much this is personally worth to you and if you want to get something now, or try to get everything later.
Does anyone know if they do pay what they admit if you refuse?

Caleb_2

Regarding my queries #553, does anyone know if we have any right to request/get another 'original purchase order'. Is there anything legally that supports customers trying to recify the situation. I have about 2 weeks before the 180 days due.

Has this happened to anyone else.

Quentin

There is no reason why you shouldn't request it.

Though you have no right to it. It's up to them whether or not they oblige.

g1hsg

Further to my earlier post headed 'Time to send in the bailiff'. Cheque received from County Court for full amount plus fees of £80.00. Now off to MCOL to claim for 2nd tranche due on 14.01.08 and 3rd due today.

Jazzking

Thanks for coming back to let us know. I've just issued judgement on the 9th for my second claim that was due before Xmas so will be sending bailiffs in the next couple of days.

My third claim has been submitted and the 45 days expires on 8th March; would I be able to add this amount on to the amount I wish to claim if I postponed issuing a warrant until then or should I get this one out of the way first and then fork out again for the MCOL fees in March??

ericthelobster

Caleb wrote: »

Regarding my queries #553, does anyone know if we have any right to request/get another 'original purchase order'. Is there anything legally that supports customers trying to recify the situation. I have about 2 weeks before the 180 days due.

Not a snowball's chance in hell, I'm afraid. Quentin gave you absolutely the right advice earlier. This shower aren't even paying up if you've dotted every i and crossed every t, so if you've blantantly fallen foul of one of their many T&C's, then just forget it.