Coolnewmobile, merged threads

gromituk

Assuming it was your second claim that was invalid, then yes, you will still get your first. Or rather, you're as likely to get it as you were before they disputed the second...

Keith_F

rayhool wrote: »

Well I got the dreaded letter saying I had not stated which instalment is being claimed. I'm positive I did but I could kick myself (1000x) because I photocopied the bill I sent but not the claim form!

I am still waiting for my 1st cashback to come through (I've had the email to say this has being accepted), will I still get this?

ANYONE THINKING OF SIGNING UP WITH THESE CROOKS DON'T!!!!!!!!!!

I can only suggest writing to them, telling them you have a copy of the claim form sent which shows you did indicate which claim it was.

Ask them to send you a copy of the one they have as proof otherwise.

At least that way you can be sure it was your fault and not a con job.

mobilejunkie

I don't think that's a great idea. Rules out going to court if you didn't in fact do your form right. I'd first establish if you have any basis in law for making a legal claim even if you DID neglect to fill the form in properly. After all, they know exactly which claim it's for (otherwise they couldn't possibly know if the bill is dated after 160 dayd etc.).

analyst_2

Yup folks, I hope to be next to have 'em in the dock. :j

My 14 day LBA is up tomorrow for claim number 4 of 5 which I submitted in July.

Rather coincidentally, I came back tonight from a weekend away to find a letter on the doormat rejecting my more recent claim number 5 - because I didn't make claim 4.

Oooooohhh don't ya just love it? :rotfl:

So MCOL here-we-come tomorrow.

I shall now be claiming:

• ALL outstanding cashback claims
• Interest on above calculated at 8%
• My court fees
• Costs for my time in preparing the case

If they want to settle before court I will only even begin to consider that if they agree to pay, up front, ALL the above + the full amount of my next series of cashback claims, for a phone I got in April i.e. the full £420 for the year.

However, these petty little amounts really are insignificant.
What I really would like to do, perhaps with all your help here, is to gather sufficient evidence to prepare for a case against the company directors of "Conspiracy to Defraud" because that one could carry a prison sentence of up to 10 years (one can only hope)

Under the Fraud Act 2006

Section 2 makes it an offence to commit fraud by false representation. Subsection (1)(a) makes clear that the representation must be made dishonestly. This test applies also to sections 3 and 4. The current definition of dishonesty was established in R v Ghosh [1982] Q.B.1053. That judgment sets a two-stage test. The first question is whether a defendant's behaviour would be regarded as dishonest by the ordinary standards of reasonable and honest people. If answered positively, the second question is whether the defendant was aware that his conduct was dishonest and would be regarded as dishonest by reasonable and honest people.

Now then, who's up for that then?

insurgente

I don't think that's a great idea. Rules out going to court if you didn't in fact do your form right. I'd first establish if you have any basis in law for making a legal claim even if you DID neglect to fill the form in properly. After all, they know exactly which claim it's for (otherwise they couldn't possibly know if the bill is dated after 160 dayd etc.).

dunno, sounds like the same situation i had. they claimed i had filled in my reference number wrong....twice, even though I was sure I had. I asked them to send me a copy of these forms proving i'd done it wrong...and they did :eek:. i got some weirdly fuzzy form back which suggested it was me who had !!!!!! up.... not that i'm suggesting they doctored it or anything:A, i just can't believe i'm that stupid

so worth a try asking them to send proof. atleast it can put your mind at rest

Lynsey

analyst wrote: »

However, these petty little amounts really are insignificant.
What I really would like to do, perhaps with all your help here, is to gather sufficient evidence to prepare for a case against the company directors of "Conspiracy to Defraud" because that one could carry a prison sentence of up to 10 years (one can only hope)

WOW!!!!!!!!!!!!!!!!!!!! best of luck. Although I can't see it happening, I believe you are right.
I also believe they are systematically trapping people and cheating them. No doubt to me it's fraud.

The VERY best of luck.

Lynsey

Keith_F

analyst wrote: »

I shall now be claiming:

• ALL outstanding cashback claims
• Interest on above calculated at 8%
• My court fees
• Costs for my time in preparing the case

If they want to settle before court I will only even begin to consider that if they agree to pay, up front, ALL the above + the full amount of my next series of cashback claims, for a phone I got in April i.e. the full £420 for the year.

Hang on a bit.

You have a valid claim for for phone 1. But (AFAIK) you cannot claim for time preparing your case, no more than they can claim legal expenses from you if you lose.

You cannot make settlement of this claim dependant upon them paying up front any future claims which are unrelated to the contract in question.

Push them to pay the full value of any claims under this contract, but it stops there. If they fail to pay up on another contract that will have to be a new claim.

Keith_F

mobilejunkie wrote: »

I don't think that's a great idea. Rules out going to court if you didn't in fact do your form right. I'd first establish if you have any basis in law for making a legal claim even if you DID neglect to fill the form in properly. After all, they know exactly which claim it's for (otherwise they couldn't possibly know if the bill is dated after 160 dayd etc.).

Makes no odds if they did or did not know what claim it was.

You agree to the T&C which state 'a correctly completed claims form'.

If it is incorrect they are legally, if not morally, entitled to block the claims.

Unless of course you can prove it to be an 'unfair contract' for that you would need legal advice.

If you did not do your form right, you would be throwing good money after bad, only go to court if you can PROVE (on the balance of probabilities) you are in the right.

analyst_2

Keith_F wrote: »

Hang on a bit.

You have a valid claim for for phone 1. But (AFAIK) you cannot claim for time preparing your case, no more than they can claim legal expenses from you if you lose.

You cannot make settlement of this claim dependant upon them paying up front any future claims which are unrelated to the contract in question.

Push them to pay the full value of any claims under this contract, but it stops there. If they fail to pay up on another contract that will have to be a new claim.

Sorry Keith_F I disagree.

This would now lie outside the actual claim.

Its simple - you want to stop my court action, you pay up on MY TERMS
now, otherwise its off to court with you m'boys.

Remember, at that stage they are pleading with me to let them off the hook.
If I choose, I can ask them to donate £1million to Mother Theresa's charity, or colour the River Thames orange, they always have the option to go to court instead. But sure, I'd keep it within reason.

Oh, and yes I do have the right to claim costs for my time for preparation if it goes to court - their non-payment forced that upon me. I can submit that to the court at the time and make no mistake, I shall do it.
If the court wants to, they might ask how I arrived at the sum - say 25 hours at £20 per hour seems reasonable.

Scumbags beware!

alchemistkevin

I'm wondering if someone can help me here with the legal action that I can take towards CNM.

I get my bills generated on the 22nd of every month and am on a 30 day limit with CNM. This means that my claim should be with them by the 23rd of the next month.

I printed a copy of the cashback form from their site and sent in my cashback claim on time. This (July bill) was received by them on the 20th August but they sent me a letter back say it was a late claim as the form that I had used said 21 days and not 30 days.

I do not remember the exact form that I signed on but assuming that I used the 21day form that was only due to the reason that they changed the form. The only reference I had to the 30 day limit cashback form was a link that they provided to their site. I was supposed to download, print and send the form.

Now they're saying the claim was late as it's not the terms and conditions that I signed to but the days that it says on the form.

I have spent a lot of time searching and have researched the links on mse but for the life of me, can't understand what follows... I have read a few terms like letter before action, etc... but cannot find a step-wise procedure that I need to use to get my money back.

Can somebody please please guide me or provide a link to a post that does. I and many more in my shoes will be very grateful and I'm sure with more people taking legal action against these scammers will help a lot of other consumers as well.

Thanks in advance.