Carphone Mobile BB - in breech of contract & wont back down

gimfunk

Sorry to bother you all again (its your own fault for being so knowledgeable and helpful, which isnt a bad thing).

I have spoken to trading standards again, and they suggest I attempt one last time to send another letter before they take action. They say i should ask for the laptop or make an offer for them to refund the money they owe me. Here is a copy of the letter, does anyone have advice or adjustments to the content??

Carphone Warehouse
1 Portal Way
London
W3 6RS

11th December 2008

Your ref: or xxx / xxx

Dear Sir,

Final letter

I have sent many letters to you in the hope we could get this matter resolved. I have received a letter offering me £10 goodwill gesture, which I will not accept. I would only accept this goodwill gesture if it was combined with:
£30 I paid upfront for my contract.
£20 petrol for the four times I travelled 14 miles round trip to and from my house to your store.
£10 for numerous letters I have had to write.
£10 countless phone calls.
This £70 (not including goodwill gesture) is purely to reimburse me for the costs which I have incurred due to your incompetence’s. I will accept a cheque for the sum of £80 without prejudice.
Alternatively, you can send me the laptop to my home or I will arrange for it to be collected from one of the Bolton town centre branches within a maximum of 14 days from your receipt of this letter in accordance with the supply of goods service act.

Ref: NW593719 – Trading standards reference number.

I look forward to your response.

mobilejunkie

You won't get any of that. I would get rid of all but the £30, adding that should they not reimburse you within 14 days you will commence legal procedings to recover your loss. Should that be necessary you will also claim all court costs, incidental costs and statutory interest. However, given their track record I wouldn't hold your breath. You can ask for the laptop, but they won't send that. You are dealing with a totally dispicable company I'm afraid.

lawbunny

gimfunk wrote: »

Lawbunny. If what your saying is correct, Carphone merely provide the sale, and T-Mobile everything else. So if ive signed up to a laptop with 2 yr subscription £30 upfront for laptop and £30 a month thereafter for mobile BB. Sorry if my next comment is stupid, but ive cancelled this contract through T-Mobile completely external of Carphone. So technically i can still go to Carphone Warehouse and collect my Laptop.

Interesting idea! Would really depend on the grounds on which the contract was cancelled. If they are saying that the whole contract is void due to it being missold then I guess the whole thing (including the CPW laptop) is void, as this was conditional on you accepting a T-Mobile contract - although if this is the case then I guess they should be refunding the line rental you paid. However, if CPW have been arguing that they will not cancel the T-Mobile contract as it is separate from the contract you had with CPW for the laptop then it sounds like they have dug themselves into a hole! It is a nice theory and I do wish you luck with it! (Personally, CPW make my life hell at work so it would be nice to see someone win!)

Additionally, I was not scaremongering when I said about the early termination fee. Had the OP been trying to cancel simply due to the faulty laptop then everything I said would apply. However, it seems things worked out lucky in that CPW had not completed the registration correctly (no paperwork passed to T-Mobile) and so THIS was why the OP was allowed to cancel - this is different.

reehsetin

gimfunk wrote: »

supply of goods service act.

that would be the supply of goods and services act 1982

though i'm not sure what part of the act they have breached, surely it would just be a breach of contract,

sale of goods/ supply of goods and services usually kick in once you've actually got the product (this is as just much as i can remember from my module though)

mobilejunkie

Lawbunny:- I can testify to the fact that customers do win at the expense of cpw. Perhaps that will make you feel better!