Coolnewmobile, merged threads

analyst_2

MMS - If someone doesn't come up with a ready made .pdf version, please PM me and I'll scan one in for you.

Quentin

analyst wrote: »

But don't forget, a court will look at ..................[FONT=&quot]the ruling by [/FONT]District Judge Christopher Lethem in Tunbridge Wells County Court 7th August.

Although the Tunbridge case may be helpful (if exactly the same contract conditions are being contested), District Judge Lethem's decision does not set a precedent, and cannot be relied on as such. (You need a higher judge's decision than a district judge to set a precedent).

bobstheboy

Well they are trying it on again. They received my claim on 19th September and it has been accepted. They are saying it will be paid "within 45 working days because of the high volume of cheques at this time." I have reminded them I signed a contract which stated payments would be made within 28 working days. They say they can change them if they wish. I have told them I will sue if I don't get my money within the 28 working days.

Watch this space. Yes I should have held out for the whole amount .....


Bob

AP

As far as I can see, the Code of Practice from Ofcom is taking precedence over any T&C of any distributors. If the T&C that you signed up for was 'unreasonable' according to the CoP, then it is not enforcible.

I am comparing this with the case of reclaiming unfair bank charges. OK, when you opened your account, you signed up to the T&C saying that the bank can charge you £30 each time you go overdrawn or over your overdraft limit without permission. But if this is illegal, then you can claim all your money back. So, if Ofcom makes it clear in that CoP that what would be regarded as unreasonable, I'm sure a court will also support that view.

The Code of Practice can be found on:

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

and the important bit is on page 3 under Sales incentives.

trevorh

bobstheboy wrote: »

Well they are trying it on again. They received my claim on 19th September and it has been accepted. They are saying it will be paid "within 45 working days because of the high volume of cheques at this time." I have reminded them I signed a contract which stated payments would be made within 28 working days. They say they can change them if they wish. I have told them I will sue if I don't get my money within the 28 working days.

Watch this space. Yes I should have held out for the whole amount .....

Bob

I had the same correspondence at the end of August and emailed back saying;
Thank you for your response which unfortunately remains unacceptable and is clearly in contravention of the ‘The Unfair Terms In Consumer Contracts Regulations 1999’ as has been demonstrated in recent judgements.

While I am willing to go to court to get my cashback paid in accordance with the agreement between us, and add the cost of the court fee to the cashback you owe me, I would prefer you just complied immediately.
I copied this to t-mobile and 2020mobile and for whatever reason I received the cheque within 2 days?

I also wish I had gone for the full amount although as mentioned before, if it did go to court I'm not sure if this could interpreted as unreasonable if CNM are offering to rectify their breach?

Andyblizz

I have been looking at the CNM website and them seem to have some great offers.

I know some of you have had problems with claims, but are they to be avioded because of this. I dont mind claiming cashback as I have had cashback contracts before (Link & OSPS) and have had all my cashback due to me.

Regards

Andy

mobilejunkie

Surely you know what to answers to expect to THAT question if you've read this threads?

Andyblizz

mobilejunkie wrote: »

Surely you know what to answers to expect to THAT question if you've read this threads?

Yeah i get what you are saying. But there it was the same with OSPS when i took my contract out and i had no probs with them.

[Deleted User]

tm54321 wrote: »

I think i've maybe made a big mistake...

I took out a contract in March and have just received the dreaded Incomplete Claim Return letter!

The reason stated is "there was no dispatch note attached".

I'm sure that you're all aware the t&c's have changed recently to make this a requirement, but of course my contract was started under previous terms.

The problems comes because I didnt save a copy of the cashback claim form when I took out the contract, it now includes a reference to the dispatch note. This is the form I returned and thus CNM/MA are claiming that when i signed the claim form i agreed to what they required on the claim form... oh dear!

Anyway, I have been in touch with CNM/MA via e-mail twice to try and get this sorted but they are not interested.

How do i stand? Am I really not entitled to claim cashback because of this or are CNM/MA trying to pull a fast one?

Obviously I have made a mistake, and it was very very careless, especially with this particular company!

Let me know what you think, worth persuing or am I in the wrong?
Thanks!

Similar thing to what I had...

The original T+Cs did not mention the despatch note but the claim form I had did. So I sent in the despatch note anyway.

CNM then said my claim was disallowed because there was no despatch note.

I wrote to them and pointed out that it was included but it wasnt in the original t+cs anyway. They have since written back kindly(!) agreeing to pay up and reinstate my cashback claims...

Havent had the dosh yet though !!!!

[Deleted User]

Andyblizz wrote: »

I have been looking at the CNM website and them seem to have some great offers.

I know some of you have had problems with claims, but are they to be avioded because of this. I dont mind claiming cashback as I have had cashback contracts before (Link & OSPS) and have had all my cashback due to me.

Regards

Andy

NO NO NO !!!!!!