Coolnewmobile, merged threads

n6600

samba wrote: »

Read through this thread and follow the links to the Unfair Terms and Conditions in Consumer Contracts Regulations 1999 and the recent Ofcom Code of Practice. The lateness issue is easily overcome - the more difficult issue you have is the incorrect ref number. However, CNM are legally obliged to make these cashback offers in good faith, which means they should look to try and pay your cashback where possible, rather than try to deny it for petty reasons like an incorrectly filled form. The legal issue goes something along the line that they should allow for mistakes, plus as long as they have all the information required to fulfill the contract, then they should do so. They obviously know the correct ref number coz they quoted it at you, therefore they are in breach of contract by denying your claim. However, you should get proper legal advice before doing anything.

I also believe that all those affected by the 'claim month not advised' issue should also look at going down this route.

I am planning to go down the money claim route. can someone let me know how to overcome the lateness issue? CNM refused my claim due to lateness , it is all because of Royal mail strike.

AP wrote: »

This is not a matter of 'backdating'. IF OFCOM decides that the original T&C are unreasonable, then they are unreasonable from Day 1! It is not that they are unreasonable now but were reasonable when you bought the phones a few months ago. Unless those senior managers at CNM get this into their heads, there is nothing more we can say to them other than court action.

Although the CoP is not legally binding, they do represent best practice. If the original T&C (original bills only, 21 days to submit, etc.) are regarded as unreasonable by OFCOM, then they are not enforcible in a court of law under the Unfair Contract Terms Act.

Looks like everyone now has to take CNM to court to before they will apply the CoP to all customers. Well, if it is what they want, this is what they are going to get!

Should I mention this as well?

samba

n6600 wrote: »

I am planning to go down the money claim route. can someone let me know how to overcome the lateness issue? CNM refused my claim due to lateness , it is all because of Royal mail strike.



Should I mention this as well?

Exactly what you said - the 1 calendar month limit is essentially unfair under the new Code of Practice.

analyst_2

Just out of interest, what e-mail addy are people using to contact foolnewmobile which actually gets a response?

28 days is up today on my claim 1 on my second phone (first phone has now gone to mcol for claim 4 non-payment)

I am about to hit them with a 7day LBA but before I did that, I thought I might just consolidate my case, in the eyes of the court, by giving them an email first.

gromituk

claims@coolnewmobile.com

n6600

analyst, CNM email address is info@mobile-affiliates.co.uk.

I have drawn up my claim!

On [ ] the claimant entered into a contract with the defendant to
purchase a new mobile phone. The terms of the contract promised cashback to the claimant of 5 equal payments of £84, total of £420, subject to compliance with terms and conditions, namely the submission of claim forms and original network bills (“Papers”) within 1 calendar month. The claimant had sent the Papers and despatch note by recorded delivery on [ ] but due to Royal Mail strike, the defendant received the Papers on [ ].


The defendant refused the first claim on [ ] stating “Failure to claim correctly within 21 days” as the defendant received the Papers within 26 days. This therefore “invalidate this claim and future claims”


Firstly, the claimant is still within the 1 calendar month, secondly it is unfair to invalidate future claims and finally the Ofcom Code of Practice has regarded the defendant Original Terms & Conditions as unfair. The claimant claims the full sum owed under the terms of the contract which the defendant has breached.



any comments?

Quentin

You could add:

The Defendant was notified that this action would be taken by way of a letter dated xxxxxx.

Alltheloginsaretakenappar

It might be too long! Log into moneyclaim and see if you can fit it into the box. With our two claims we could put very little info online for the first stage of the court claim but then added everything else when sending the allocation questionnaire

analyst_2

I second that.

Well, I would second that if there was enough space to . . .

rayhool

I have sent a LBA to them and I am going to start court proceedings due to them not paying me as I apparently missed the claim month off my claim form. Can anyone give me some advise on what to put on the form? I am going to go down the unreasonable T&C's route.

samba

rayhool wrote: »

I have sent a LBA to them and I am going to start court proceedings due to them not paying me as I apparently missed the claim month off my claim form. Can anyone give me some advise on what to put on the form? I am going to go down the unreasonable T&C's route.

Basically you need to find and read the Unfair Terms in Consumer Contracts Regulations 1999 which outline that it is not fair for the supplier to penalise the consumer for small errors which do not represent a material breach of contract i.e. you sent in the claim as agreed, but because of a small error on the form they have penalised you a disproportionate amount. If they had no records of their own and had to rely solely on you to inform them of the correct claim month (or couldn't work it out some other way) then they would be within their rights to refuse your claim, but as we all know that they do keep their own records then they are acting in an unfair manner. Something like that anyway...