BuyMobilePhones.net (merged)

ca-uk

I'm having a problem with this company now.
Signed up for a 12 month free line rental deal back in feb - sent 4 bills off, no problem.
Sent second 4 off on 11th October (bill date was 1st October so in time) and they have denied it saying there was only one bill in it.
I know for a fact they are wrong but they have ignored any further correspondance - i got the missus to verify the package before sealing it up as i know how important it is to get these things right.
I have tried emailing them, but as i've said they just ignore it. Is my best bet to wait until 28 days from the 11th (which is when it should have been paid by) and then go via small claims court?
Am i only liable for the 30-odd quid small claims court fee or could this end up costing me more than the 240 they've swindled me out of?
Thanks..

mobilejunkie

Assuming they have "denied" it in writing why would you wait? they have said they aren't going to pay so send a LBA giving them (say) 14 days to change their mind and pay or you will sue. I doubt it would cost more than the court fee IF they fight it.

Quentin

You won't end up out of pocket when you win as all court fees get added to the amount they will be ordered to pay.

In any case the fees won't come anywhere near £240. (Should the claim end up in a hearing, then the costs will be £50 altogether (via MCOL).

The risk to bear in mind is that the Defendant might go bust, as even if you win the case you will still not get any money from them (including the court fees you have paid).

polgara

Have an 18 month contract - first cashback went through ok (but took an age to get the money) - received last bill of the 2nd claim and sent all the claim bits back the next day - just been in contact and they said

I have checked your records and unfortunately you have sent your bills in too late to claim the cash back. We needed the bills here within 14 days from the date on your 8th bill. The 14th day was 1st October and we did not receive the bills until 3rd October.
This means that you have missed your cash back for this phone and any other claims as per the terms and conditions state.

So - can only think the bill to us was delayed and then the claim was delayed getting back to them. Registered mail receipt is at home (at work at the moment) so can't check dates but sure it should have been there by the 1st!

Has anyone every got this company to relent or would have to pursue through court etc - this is too much money for us to lose.

Just as an aside - I'm very organised (stoozed for years etc) so totally out of character for me to get 'caught' by timescales...so wondering if the company is 'claiming late delivery' when it wasn't! Still have a long time to go on a tariff we'd never have got if it wasn't for the cashback offer.

Quentin

If your claim arrived within the time stipulated you should have no problem getting them to reverse their decision - and if necessary a county court action would get them to toe the line.

But if you breached the terms, then winning a court action is not certain.

In that case get some advice on whether you have any grounds for sueing. (Maybe there are unfair terms they are using - though your previous "character" won't help!)

polgara

Have checked the receipt and yes it was sent on 2nd October so was outside their 'cut off' date...but it was sent the day AFTER we received the appropriate bill! So where does that leave us - with an expensive tariff for another 12 months?? Would approaching Orange etc be worth it as it was the delay in receiving the bill that has caused us to breach BMP's t&cs?

Quentin

Orange won't be able to help - this is between you and BMP.

You have nothing to lose by explaining the delay to BMP and asking them to please reconsider.

And as previously posted, you could get some advice on whether the condition you have broken would be considered unfair by a judge, and your chances of winning an action based on that.

jon_r_2

remember to send stuff back SPECIAL NEXT DAY as this is the only way to 100% guarentee they receive it. Cost is £5 but worth it.

Also photo copy p.o. receipts and your bills before you send,alot of extra hassle,but if you have to go to court later on, You have all the
evidence that you stuck to your T & C's

ca-uk

mobilejunkie wrote: »

Assuming they have "denied" it in writing why would you wait? they have said they aren't going to pay so send a LBA giving them (say) 14 days to change their mind and pay or you will sue. I doubt it would cost more than the court fee IF they fight it.

i just assumed i'd have to wait as although via email they have said they're not going to pay then they are not yet in breach as they could still pay? i'm no lawyer so happy to be wrong, but just thought this would be the case.

at the end of their time to pay i was then going to send a letter saying they have a further 14 days - i've already informed them of my intent to pursue it via the small claims court, but perhaps in writing it will have more effect.

i'm just not sure how to 'prove' it either way - i sent 4 bills and have the special delivery receipt, but not sure how i can prove i sent all 4 (other then my missus being witness to it and me no longer having the original copies of the 4 bills i sent) versus them proving their opinion..

mobilejunkie

I'd keep quiet about all that part. They do read these threads; in fact, I'd delete it!

IF it went to court it is on the balance of probablities; you have a witness and personally put all the bills in the envelope, which you can prove was delivered. When companies are behaving like this one you should always copy everything you send - twice; once separate pages and the other stapled together and spread apart. Not you will have to rely on your certainty and credibility that all the bills were included, should it go that far.

If they have declined your claim in writing it's not reasonable to sit there waiting for a cheque on time when they've told you it's not coming!