Coolnewmobile, merged threads

[Deleted User]

RajaStyle wrote: »

I am furious, I took my contract out in March 07, sent my first claim off in August 07, they wrote to me 4 days ago declining my whole claim and l am out of pocket £420 due to the fact no 'handset despatch form' was included. There was no mention of this when i took the contract out in March, they changed the document in July and terms of claiming and have denied me all my money ! Without any communication of even changing the t&c's ! Is that legal ? Would I have any luck taking them to small claims ?

Raja,

Did exactly the same to me... I'm going to take them to small claims if they dont cough up...

[Deleted User]

Quentin wrote: »

Don't embark on a county court action before first sending a Letter Before Action. Ordinary mail will do.

And don't bother embarking on one if you are unsure if you will win. Though if you have stuck rigidly to the contract conditions then you will win.

And don't embark on one unless you are sure the Defendant has some money to pay you when you win.

If you have paid the court fees for issuing a summons, and they defend the summons, you then have to pay another fee for the hearing.

All fees are added to your claim to be paid by the defendant when you win.

If you withdraw the case prior to the hearing then the case is closed, and no more fees are to be paid. (Unless the Defendant makes a counterclaim against you, in which case your withdrawal won't stop the counterclaim being heard - unless that is also withdrawn by the Defendant).

Is there a standard format for a Letter Before Action or will anything do as long as its plainly obvious that you're telling them you're taking them to court if they dont pay up?

[Deleted User]

timviola wrote: »

I'm sorry if this question has already been answered.
I took delivery of a phone from Cool New Mobile on 6 June 07. The deal was for 12 months at £35 per month on Vodafone, repayable by cashback in full by 5 equal payments. The T and Cs sent to me at that time made no mention of sending the despatch note. However their current website says you should send the despatch note with the first claim. Should I send it with the first claim or would doing so actually invalidate my claim?

They;re trying that on me. The T+Cs did not mention the despatch note but the claim forms I had did.

So I sent the despatch note anyway...

They claimed I didnt send it but I pointed out its not in the T+Cs anyway and they've now said they'll pay up.

[Deleted User]

michaels wrote: »

I did the same, am going to resubmit - I know the date is well past but that is because they took so long to 'process' the claim - well outside their contracted time.

I am also going to quote the unfair conditions in consumer contracts regualations which seem to state that a customer should not be put at substantial disadvantage for failing to comply with a minor formality (section 14.2 http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311part2.pdf)

Let us know how you get on with that....

CNM seem to wait 60 days before informing you that you've made a mistake to make it too late to claim. Seems a bit unfair.

Lynsey

[quote=[Deleted User];6508213]Is there a standard format for a Letter Before Action or will anything do as long as its plainly obvious that you're telling them you're taking them to court if they dont pay up?[/quote]

I prefer to send in a LBA according to my claim, I wouldn't think they would take a fromatted one any more seriously as they must have had hundreds of them.
I would advise you keep it very simple and only state the facts. Give them 7 to 10 days to reply, then sue them if they don't.
I always tell them they of course have the right to defend my claim if they wish - I just like to tease them !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lynsey

rayhool

I've just had this email regarding my 2nd claim (my 1st one has been accepted but still awaiting cheque)

"Your claim is being assessed today and we will respond to you by letter in the next 3 days."

Does this mean they are writing to me to tell me it's been rejected for some obscure reason?

mobilejunkie

Interesting. Given that they seem to decide whether a claim is "valid" or not within 2 weeks (despite what they say and the spin that it goes through a long and lengthy process) your fears could well be correct. I hope you kept copies of what you sent (most don't seem to and are then asking for it if this happens!).

AP

rayhool wrote: »

I've just had this email regarding my 2nd claim (my 1st one has been accepted but still awaiting cheque)

"Your claim is being assessed today and we will respond to you by letter in the next 3 days."

Does this mean they are writing to me to tell me it's been rejected for some obscure reason?

I got exactly the same e-mail today and must say I have exactly the same suspicion as I have never seen this e-mail from CNM before!

Better get prepared for a court battlle!

mobilejunkie

3 days. Wow! Lol! Must be something in it for them then!

sinjin_smythe

yeah i got the 3 day letter email, its almost certainly a Dear John letter telling you how you messed up. It will probably be with you the day before your claim window closes, they have probably already wasted 3 weeks of your time holding your letter at this stage.
Watchdog should be interesting next week, i have a feeling our mutual friends are going to me making an appearance on it. I emailed watchdog last week about my cashback predicament so im hoping for a phone call from a researcher this week to spill the beans!
I'd advise anyone having problems with mobile affiliates to drop watchdog a short, to the point email explaining what has happened to you. im sending 2 LBA's tomorrow to CNM