Coolnewmobile, merged threads

mobilejunkie

This is the internet legal claims address where there is some information:-

https://www.moneyclaim.gov.uk/csmco2/index.jsp

The strength of your case will obviously depend on your evidence and how you present it should that be necessary (there's a good chance it won't be). It sounds like you've made the usual mistakes (i.e. not copying the downloaded forms (and spare copies) immediately upon ordering. I assume you didn't copy the t&c at the time either; they've changed at least three times since June. Along with other changes which have appeared, gone and now returned the time for claims first went down to 21 days and then up to 60 days after a lot of consumer organisation pressure. You will need to be certain of and prove the t&c at time and (of course) that you complied fully with them.

AP

alchemistkevin wrote: »

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.

See the following earlier post in this thread:

http://forums.moneysavingexpert.com/showpost.html?p=6283881&postcount=805

Under the new code of practice from Ofcom, you now have 60 days to submit your claim and you are allowed to send in copies of bill instead of original and this applies to all customers according to the conversation mentioned in the above post.

The new code of practice can be found on:

http://www.ofcom.org.uk/telecoms/ioi/mbp/cop.pdf

alchemistkevin

mobilejunkie wrote: »

This is the internet legal claims address where there is some information:-

https://www.moneyclaim.gov.uk/csmco2/index.jsp

The strength of your case will obviously depend on your evidence and how you present it should that be necessary (there's a good chance it won't be). It sounds like you've made the usual mistakes (i.e. not copying the downloaded forms (and spare copies) immediately upon ordering. I assume you didn't copy the t&c at the time either; they've changed at least three times since June. Along with other changes which have appeared, gone and now returned the time for claims first went down to 21 days and then up to 60 days after a lot of consumer organisation pressure. You will need to be certain of and prove the t&c at time and (of course) that you complied fully with them.

Thanks. Yes I have screenshots of their homepage, the offer details and the confirmation page. I also downloaded a copy of the T&C's that I accepted.

I did photocopy the bill that I sent them but unfortunately it seems that I did not photocopy the form.

However, I'm still not sure if it was the 21 day form they say it was, it might've been as I didn't foresee them changing the form at the other end of the link.

I did have the money claim online link but was wondering if there were any steps that I needed to follow before that.

I'm sure anybody who puts in a step-wise procedure or how exactly things happen in these circumstances would be investing a lot of time but I'm sure there are others in my shoes that would take help from the post.

Thanks again, any details that you or anyone else has would be appreciated. It's better to take some time, have a good preparation and succeed than to go in hastily and fail.

alchemistkevin

Thanks AP - I'm sure your info would be VERY helpful. I'll use this once I get a grip of the entire procedure. I'm still waiting to realise what my first step should be.

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 the letter today and the claim was rejected saying that the original postal bill was not received and they do not accept photocopy bills.

I did send a photocopy bill to them as the original had, allegedly, got lost in the post. I am going to write and e-mail them, quoting the "Code of Practice for the sales and marketing of subscriptions to mobile networks" from Ofcom, which states:-

"For example, in relation to a cash back offer, the following terms should be regarded as unreasonable:

- a requirement that the customer submits their original statements - copies of statements should be acceptable proof; ..."

If they do not back down, it will be LBA and MCOL for the full outstanding amount!

Neillgb

Beginning to wish I had claimed all my cash back instead of just the first payment (I was a 'lost' first claim). Am a little concerned that the Directors of this company will be too busy peeling spuds in Wandsworth to deal with my future claims!!

Keith_F

Your obligation is to abide by the T&C that you signed up for.

These can be amended to increase your rights if they wish, but they cannot be amended to reduce your rights.

If they have not printed the claim form correctly then that is thier problem not yours

However, if you have printed and therefore sent to wrong claim form you have a problem.

Make sure you have the correct link to the claim form that they provided when you purchsed the phone.

Then you need to take the following steps.

1. Write to them, (Mobile Affilliates Ltd) recorded delivery enclosing a copy of the T&C applicable to your deal. Quote your ref number. Advise them that you have complied with the terms and conditions set out. Tell them that thier failure to correctly produce the claim form cannot alter the T&C to your detriment. I would recommend you use the address I posted on an earlier page at Opus House , Stafford. That appears to be the hub of thier operations, not the PO Box where the numpties who handle the claims reside.

2. Advise them that you are giving them the opportunity to review and rectify thier error. Tell them they have 28 days to respond, & if they fail to pay your claim that you will take further action.

3. Assuming that they fail to pay up, write to them again advising them that you are not satisfied with thier response and that unless the claim is paid within 28 days you will take legal action to recover, the monies owed for this claim, interest on that money, your court costs and the value of future claims due to thier breach of contract. Again send recorded delivery.

4. If no response, make a claim.

Whilst you can combine steps 2 and 3 in one letter it is better to be seen to be ultra reasonable. It allows the court to see you have bent over backwards to resolve the issue without recourse to legal action.

Keep all copies of e-mails, letters etc. You may well need them for court.

Neillgb

Keith,

Yep agree with that. Be seen to be reasonable. I would say that 14 days notice is more than reasonable in both cases though as they have already said they are not going to pay. 14 days is the time they are given to respond to a court summons so it marries up.

I would want to get the money of this lot asap.

Neill

analyst_2

FWIW - I'd make those 28 day periods 14 days.

No court would see that as unreasonable.

Were they so liberal and flexible with dates for you, and all the other poor sods swimming against this tide?

EDIT - looks like simultaneous posting with Neillgb, soz!

yabbas

To confuse matters further - I was told 7 days was more than reasonable by the people at Trading Standards; and that's 7 days from the date of the letter - not from when they receive/read it!

You need an initial letter allowing them to rectify the matter and giving them an ultimatum that if matters weren't altered to your satisfaction you'd be issuing a letter before action.

You'll find in practice they take 10 days to respond to anything, which obviously means you'll be sending the letter before action anyway! Either way the 1st letter you receive from them basically screws you about and refers you to the TnCs (i.e. ignores you completely.) Ignore this letter, do not acknowledge it but keep it for records. Right now ALL they need to do is to write to you and accept they are wrong and will correct the matter ASAP - anything else is a delay tactic and designed to make you jump hurdles.


LBA letter again should stipulate 7 days response. Again - they'll ignore this usually. They kind of expect people to take it to court! Again within around 10 days they'll respond with the same crap "refer you to our TnCs - you are wrong, we are right, etc".


But by then you would have issued proceedings against them. Now you can happily ignore everything until you receive a letter from the county courts acknowledging a "service has been filed". Before you receive this letter - you'll most likely get a call from Anne asking why things have gone so bad and what they can do to stop this going to court. She's sussing you out - up to you what you want to say to her - but remember she's possibly trying to gain info from you possibly to see whether to defend the action or not! I told her nothing, she offered to pay the missing 2 months cashback, the court fees, and reinstate the cashback claim for the remaining months - I let her know that by all means "send me what you are offering in writing please but know that it is not an acceptance of your offer. I will be seeking advice from TS regarding my position - what would make me happiest is to redeem the entire cashback in full, with court fees, and added reparations from expenditures dealing with being hours on their 0870 numbers and sending several letters via recorded and special delivery - that way we can put a close on this matter."



At this moment I'm waiting on their letter which was (according to her) sent via "recorded delivery". Bloody post office!