Coolnewmobile, merged threads

samba

Quentin wrote: »

CNM Customer Support: 0901 5540022

Just in case anyone is wondering that's 50p/min

On the other hand, have they just shot themselves in the foot? Apart from the obvious fact that an 0900 support/sales number should discourage any reasonable person from signing up with them in the first place, didn't British Gas get into trouble recently for trying to force their customers to contact them on a premium rate line?

Quentin

samba wrote: »

You pay the court fees when you start the claim - the defendant doesn't pay fees.............................My point was that these sort of misleading statements by companies are simply an attempt to bully their customers into giving up their legal rights.

The Defendant doesn't pay the fees if the Claimant loses.

But if the Claimant wins, then the Defendant does pay the Claimant for the fees already paid.

So the loser pays the court fees.

Additionally if the Defendant has incurred any court fees (eg for a counterclaim), and the case ends in favour of the Defendant, then the Claimant will also have to pay those fees as well.

And their statement isn't misleading at all - they point out that if they are taken to court and they win the case they have the right to claim any expenses they incur. Which they do.

samba

Quentin wrote: »

And their statement isn't misleading at all - they point out that if they are taken to court and they win the case they have the right to claim any expenses they incur. Which they do.

In the small claims track, even if you lose you are only liable for the defendants loss of earnings, travel, and overnight costs (and obviously you won't get your court fees back). Any other costs incurred by the defendant (including solicitors fees, litigation fees etc) are only payable IF the judge agrees that the case was unreasonable or frivolous. e.g. If a reasonable person thinks that your case was worth arguing in court, then even if you lose you won't have huge costs awarded against you.

Therefore their statement about claiming solicitors/litigation fees back is misleading.

Quentin

Their statement is their policy. It can't be misleading as it states what they do.

They can claim all their costs, and as has already been posted, it is up to the judge what expenses (including solicitors costs) will be awarded (and must be paid by the losing side).

PAW75

Hi guys this is corredspondance I've had with CNM today, advice would be appreciated as I dont feel the fact royal mail went on strike it shuld be my fault when it was sent recorded delivery.


From: "claims@coolnewmobile.com" <claims@coolnewmobile.com>
Date: 30 October 2007 12:41:28 GMT

Hi

For whatever reason your claim was received to late, therefore claim is
invalid.

We are not accountable for the postal strike.

I am afraid there is nothing further we can do in this case.

Kind Regards

Mobile Affiliates

---

Original Message

---

From:
To: claims@coolnewmobile.com;
Sent: Tue, 30 Oct 2007 10:53:44 +0000


I posted this claim to arrive on the date of the closing deadline.
However there was a postal strike. This was sent recorded delivery
and therefore have proof it was sent on time and the fact there was a
postal strike should not result in me being penalised.

I did mention to your colleague on the phone that I would have got it
into you sooner than the deadline date however I was recovering from
a stomach operation and therefore unable to leave my home. I went to
brussels to have a lapband fitted and has resulted in me having 6
weeks off work. She did say that it would be ok as the form would
arrive on time but you would consider the fact I've been in hospital
into consideration. Obviously you have not in this case.

I would be obliged if you would reconsider this. I still have proof
of postage which shows it was sent before the date.

Regards


On 30 Oct 2007, at 09:46, claims@coolnewmobile.com wrote:

Dear Miss

Order Reference ~

Thank you for your email. We can advise that a letter has been
posted to
you on the 26th October to advise that you claim has been refused
as it was
received late. Also you have quoted the wrong reference number, you
quoted
your order reference number xxxxxxx) when we do require your order
reference number (cxxxxxxx). Unfortunately for both of these
reasons it
does mean that this claim and future claims are now void, as per
our terms
and conditions.


Regards
Claims Support
Mobile Affiliates Limited

Quentin

The problem you have is that you have 2 breaches to overcome.

Get some advice on whether a court case would succeed on the unfair contract grounds.

PAW75

thank you for your response.

Quentin wrote: »

The problem you have is that you have 2 breaches to overcome.

Get some advice on whether a court case would succeed on the unfair contract grounds.

Lynsey

I would personally still claim for future cashbacks and go down the unfair T&C's/contract route. Send in future claims as normal and if declined send in a LBA and if necessary sue. It's a small outlay for what you may gain.

The very best of luck.

Lynsey

eagleeye

well i'm thinking that one can send the mail to post box address only through royal mail not via the courier service like dhl,etc.If this is the case then coolnewmobile is in a breach of fair policy if they refuse to provide the geographical address to deliver the cash back claim as we can't use their post box address during the postal strike!

BrianD

Their address is 18 market place Bingham and DHL will and did deliver to them during the strike, mind you it cost £27.53 min charge.