BuyMobilePhones.net (merged)

jnm21

On the contrary, it is quite normal to claim the full term cashback - if they break the terms of the contract, it will be possible to argue that you have lost faith in them to follow the contract later. That said, no idea if it will work - only ever had to threaten legal action to get them to pay up. Would feel like an idiot to touch them with a barge pole now that last claim has been paid (God only knows how late - I didn't even check/chase it).

I would agree to continue submitting claims.

Anyone successfully claimed compensation (loss of interest, time, stress, etc.)?

mobilejunkie

It isn't normal and you could argue whatever you like but would be wasting your time. It is also too late without cancelling the current claim and starting a new one.

Given that I've yet to see them respond to the court you could claim for the full smount and then request judgement because it isn't contested; but methinks they'd be more likely to contest and that might not be the best route. I didn't need to do that to get a much better outcome.

daverave7

I followed some guidance from this site, which stated that I could claim all of the cash back due to the provider breaking terms and conditions. Therefore I have put in a claim for the full amount of cash back which would be owed over the duration of my contract.

mobile junkie: are you saying that I should treat each cash back request separately, and every time they don't pay up, issue a new claim? That could get quite expensive and time consuming... am already getting a bit frustrated and considering giving up!:mad:

mobilejunkie

Don't give up. It's a game. The advice was wrong - but note what I said if they don't respond. The contract is clear in law - you can't claim what isn't yet due. It will be their cost, not yours - which they will know.

Lynsey

Definitely don't give up, as mj states, it's a game and a game to win.
One time, once you missed a claim, then all future claims were void. That did give an option for all future claims as the company would have been in breach of contract, fundamental breach.
But now, miss one claim and that's what you miss. Just carry on with future claims.
Ironic, but put in a claim with e2save Monday and accepted yesterday.

Lynsey

daverave7

Still no reply. I guess my next step is to request judgement. However, I'll be requesting on the basis of BuyMobiles paying the full cash back payable to me over the two years, as this is what I originally claimed for via money claim.

Incidentally, I had an email from BuyMobiles apologising for the delay and saying that the cash back would be paid into my account within 5 working days. That was over two weeks ago, and still nothing there!

mobilejunkie

Ignore all promises. If you obtain judgement you may obtain all payments, but legally you have no right to the future claim money. I also wouldn't count on hearing from them once judgement is obtained!

daverave7

mobilejunkie wrote: »

Ignore all promises. If you obtain judgement you may obtain all payments, but legally you have no right to the future claim money. I also wouldn't count on hearing from them once judgement is obtained!

What happens if I don't hear anything once judgement is obtained? Last thing I want is to risk this being a costly process for myself, and never seeing any money back!

mobilejunkie

You then go to your local County Court. There are enforcement options but the cost is £100.

daverave7

mobilejunkie wrote: »

You then go to your local County Court. There are enforcement options but the cost is £100.

In person? I really don't think it's beneficial for me to go down that route, considering the costs and (importantly) the time it might take.

All this for around £20 of cash back not paid!!!