Cashback/Cheque back -Who to trust & avoid?

Steve_xx

Lynsey wrote: »

That's what I thought, but try telling that to Coolnewmobile and they will state otherwise. Hope they are wrong and Trading Standards can "Do" them.

Lynsey

Yes, I'm sure that Coolnewmobile will do their best to persuade you that they are correct, but they're not. And, the best course of action for people to take is to start a claim in the County Court in order to recover from them for their breaches.

grayme-m

Lynsey wrote: »

That's what I thought, but try telling that to Coolnewmobile and they will state otherwise. Hope they are wrong and Trading Standards can "Do" them.

Lynsey

Personally I wouldn't wait, I'd write to CNM stating the legal facts, and that I wanted my cash by X or would be going to the SMC.

Lynsey

Thanks for the replies. I thought it would be as simple as going through the courts and contacted Consumer Direct for clarification. They think what CNM have done maybe legal and I'm waiting for the reply from Trading Standards to see what the next move will be. Hopefully CNM are wrong and either I, or hopefully TS can sue. Kelly from CNM stated that they have the right to amend T&C's, but when I replied that surely this would apply only to new contracts, she told me that it would apply to ALL contracts, both old and new. We shall see.

Lynsey

Steve_xx

Lynsey wrote: »

Thanks for the replies. I thought it would be as simple as going through the courts and contacted Consumer Direct for clarification. They think what CNM have done maybe legal and I'm waiting for the reply from Trading Standards to see what the next move will be. Hopefully CNM are wrong and either I, or hopefully TS can sue. Kelly from CNM stated that they have the right to amend T&C's, but when I replied that surely this would apply only to new contracts, she told me that it would apply to ALL contracts, both old and new. We shall see.

Lynsey

No no, they cannot alter the terms after you have agreed the contract detail. That what contracts are for! Even if they state that they can change the terms they could not change them to the extent that the terms were unduly biased in their favour. If a judge thought that they were attempting to deceive or defraud then that judge would certainly award in favour of the claimant.

Also, you should understand that there is an Unfair Terms Act which can be used to set a contract aside if an adjudicator believes that terms contained therein are unduly biased. See here for detail:

http://www.compactlaw.co.uk/free_legal_information/consumer_law/consumf5.html

Trading Standards may be able to offer help. However, I would not wait for them to sue. That might take some time. You would be better to sue them yourself because it will be faster to do so.

Lynsey

Once I have clarification fron TS that they are WRONG, I will ask for my payment as per original T&C's and give a deadline date before commencing proceedings, if necessary. I can't even believe that CNM are correct in what they say, but after consulting Consumer Direct and hearing their doubts I have decided to await until I hear from them.

Lynsey

Ditto

This thread looks interesting, will look more when I have time

grayme-m

Lynsey wrote: »

Once I have clarification fron TS that they are WRONG, I will ask for my payment as per original T&C's and give a deadline date before commencing proceedings, if necessary. I can't even believe that CNM are correct in what they say, but after consulting Consumer Direct and hearing their doubts I have decided to await until I hear from them.

Lynsey

I'd be very interested in hearing from TS why CNM aren't wrong.

Otherwise, what would stop you from changing the T&Cs; how about to just:



1. All cashback is due to the customer in full at the same time as delivery of the handset.




I doubt CNM would be happy with that amendment! :rotfl:

Lynsey

I'd be very interested in hearing from TS why CNM aren't wrong.

Quick update, I was contacted today by TS but missed the call. I have been advised they will contact again tomorrow, maybe I will find something out then.

I will ask about changing the T&C's myself, great idea :T


Lynsey

hitweb

Hi All,

First posting and all that ..... I have ploughed my way through as many postings as possible and every time I found a company that received praise I encountered one a few postings later that said they were awful.

The only company that I didn't find criticism for was Carphone Warehouse .... has anyone bad news on them, or does anyone who has been on this thread longer than me spotted another 'reputable' company.

Jules

thor

Steve_xx wrote: »

You should be aware that if the original contract stated that they would pay within 45 days, and subsequently they do not, then they are effectively in breach of the contract and you could demand the monies.

I completely agree with you but I can't be bothered to argue with them about about them changing 45 to 60 days(although I have mentioned it to them in my initial email complaints) when they are breaching the contract for 60 days anyway. They have been messing me about for my last 6 cashback claims but by complaining on each occasion I have managed to get all them paid eventually. I have only got two more to go and then I'll be done with them. That is unless I can see proof that they are not at risk of going bankrupt and pay my claims bang on their newly revised period of 60 days. On 2nd thoughts after seeing what their offers are now like I don't think I'll bother even then!