Coolnewmobile, merged threads

tm54321

Neillgb wrote: »

Tm,

Are you still in time to make the claim or have they delayed it long enough to put you out of date?

No, they've delayed for about 8 weeks... no chance of being in date. If it was then I definitely would have resent the information, i know that sometimes they accept that.

Neillgb

You'll have to go down the 'unfair terms and conditions' route then. 99% certain you will have to issue a summons . Would suggest you follow cash back proceedure as due now even though they will refuse. Might help you in the future. Obviously recorded del, copies etc.

Check out earlier posts in this thread regard for ideas. Is it fair to invalidate whole claim coz you missed the first, keep changing T&Cs etc. Guess you stand to lose £450/£500. Cost you £30/£50 in court fees. Will give you a chance of forcing them to talk to you. Would advise you to remove details of your claim from this open forum if your nickname is recognisable.

Good luck,

Neill

Keith_F

If anybody needs a copy of the claim form that was in use in December of last year. pm me with your e-mail address.

I have a copy saved on a pdf.

This is the 5 equal payment cashback claim form.

I can also scan and send a copy of the T&C from 21/11/06 if required.

analyst_2

Keith_F wrote: »

Once you instigate court action, all they have to do is meet your claim in full, you cannot impose other conditions.

You claim x amount, they pay x amount, as far as the court is concerned, claim settled.

It is not a punitive system.

I think you are missing my point completely.

It is not a punitive system . . . but if you negotiate outside of the system, you can impose whatever conditions you like and offer them - take it or leave it.

OK, say they phone me looking to settle. That would only happen because they want to avoid court.

So I say, "you want to avoid court - well you can do that if you pay me what you owe + £10. Then I'll drop it."

The court may not impose such a condition, but if they want me to let them off the hook outside of court then that's what they have to do.

Fallback position is always "lets go to court"

am I making this any clearer?

analyst_2

As far as other posters in this thread are concerned:

You ask questions like, "will they allow this, or will they let me off with that"

You are making the assumption that these are reasonable people - they are not. They are bandits and scumbags.

They will cheat, they will lie, they will change conditions, they will do ANYTHING to block you. Their position is that they do not want to pay out anything if they can stop it.

Most of what they do is illegal, but unless they are challenged for it in the courts they will get away with it, time and time again. If you allow yourself to be fobbed of with this nonsense then you can only blame yourself for not getting your money back.

Forget whether you submitted a claim after 21 days, 28 days, or whatever. What you need to do is challenge these ridiculous terms and conditions because they do not comply with either Unfair Contract Terms Act 1977 or the [FONT=&quot]Unfair Terms in Consumer Contracts Regulations 1999, notably the latter.

But, they will only cave in under court action, anything less and they will bluff it out.
[/FONT]

AP

mobilejunkie wrote: »

Then you've had it. They don't accept copy bills (though for a few weeks recently changed their t&c to show they did - but well after your order).

See previous post in this thread from bobstheboy:

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

I will hold CNM to the telephone conversation that the lady in a 'senior position' had with bobstheboy on 14/09/07, saying that CNM is abiding by the new Ofcom Code of Practice - allowing 60 days to post the claim, accept photocopies of bills and that applies to all customers.

mobilejunkie

I think last time I looked they'd changed that. originals only now plus a few other niceties are back. And I don't rate your chances of using someone else's conversation with someone else which is down on these threads and which a court won't look at.

analyst_2

But don't forget, a court will look at how the phone retailers apply T & C's in relation to the [FONT=&quot]Unfair Terms in Consumer Contracts Regulations 1999 and in doing so will take into account any other quasi-official guidelines, such as the July 2007 Ofcom Code, and also the ruling by [/FONT]District Judge Christopher Lethem in Tunbridge Wells County Court 7th August.

bobstheboy

Copy Bills
If you send photocopied bills or web bills, we reserve the right to request originals or network copy bills if we suspect that the detail shown on the photocopied bills or web bills has been altered or obscured in some way. In order to avoid delays in receiving your cash back we always recommend that you provide original bills.

The above is an extract from their T&C's as of 5 minutes ago. I would instigate legal proceedings if they did not accept a copy.

I have been asked for the name and telephone number of the person I spoke to. This is not necessary. If they do not comply I agree with "analyst" a court will look at everything and you will win.

Bob

Money_Maker_Shaker

Could somebody be so kind as to email me a copy of the CNM claim form. I do have 1 which I've copied but as they sent it via post and not email I don't have an electronic copy. My contract id from June so before they added the requirement for the dispatch slip.

Many thanks