Coolnewmobile, merged threads

samba

As regards my own case, Royal Mail did eventually deliver the original claim I sent in, which has now been timestamped by CNM. Whether it got there in time I don't know, but it may not matter as despite numerous emails, CNM still haven't paid out for my last cheque and it has been over 60 working days now since I sent it in. Therefore I am going to send an LBA.

Out of interest, should I claim for the full contract amount remaining i.e. £294 or just what is currently overdue (£73.50)?

analyst_2

samba wrote: »

Out of interest, should I claim for the full contract amount remaining i.e. £294 or just what is currently overdue (£73.50)?

At this stage you are only asking them to make the payment due, to avoid its escalation to court proceedings. In other words, this is an informal approach, but it does consolidate your position in the event you go to court.

If they choose to ignore/reject your informal request it is then you are formally pursuing the matter through the court for breach of contract so you whack 'em for the full amount (+costs +interest of course).

Other opinions welcomed here

ptecn

Other then this number not paying my cash back

Customer Care: 0901 5540066
calls cost 50p per minute

n6600

On 22.5.07 the claimant ('C'), entered into
a contract with the defendant ('D'), to
purchase a new mobile phone. The terms and
conditions of the contract ('TC'), promised
cashback to the C of 5 equal payments of
£84, total of £420, subject to compliance
with TC, namely the submission of claim
forms and original network bills ('Papers')
within 1 calendar month. The C sent the
Papers and despatch note by recorded
delivery on 4.10.07 but due to Royal Mail
strike, the D received the Papers on
22.10.07 The D refused C's claim on 1.11.07
stating Failure to claim correctly within
21 days and invalidate this claim and
future claims. Firstly, the C's claim is
still within the 1 calendar month, secondly
it is unfair and unreasonable to invalidate
future claims according to reg 6 Unfair
terms in consumer contracts regulations
1999 and s3 UCTA 1977 and finally the Ofcom
Code of Practice has also regarded the D's
TC as unfair. The C claims the full sum
owed as the D has breached the contract.

I am going to submit my claim soon. Does anyone here has a copy of the Term and Condition printed on 22 May 2007 or around this date?

Lynsey

n6600, pm sent.

Best of luck,

Lynsey

n6600

Thanks Lynsey. I was unable to open the file. Anyone else?


worth reading if you are also going down the same road.....read page 3
http://www.ofcom.org.uk/telecoms/ioi/mbp/cop.pdf

Lynsey

The bit you probably want is;

£201 to £600 claims
Instalment 1: - Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, that arrives showing you have been connected for 4 months. i.e. if you were connected on the 1st of January, you need to send in the bill that is dated around the 1st of May. This is 120 days (4 months) after connection. See porting below
Instalment 2: - Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, dated 180 days (6 months) after connection.
Instalment 3: - Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, dated 240 days (8 months) after connection.
Instalment 4: - Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, dated 300 days (10 months) after connection.
Instalment 5: - Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, dated 360 days (12 months) after connection.

Porting (keeping your old number)
When making the first instalment claim at 120 days, with a PORTED number, we need in addition to the standard requirements above, a copy of the first bill showing the original number we supplied to you.

Claiming
The claims address is on the cash back claim form we sent to you by email when you ordered your handset. Please return only one claim per envelope as we shred everything else we receive.
Receipt Notification
We will email you when your redemption paperwork is loaded onto our system and when it is processed for payment. it takes upto 14 working days from receipt to load and 28 working days from receipt to process. Hotmail and AOL have a tendency to regard this kind of email as spam, so please add [EMAIL="claimreceived@mmsl.co.uk"]claimreceived@mmsl.co.uk[/EMAIL] to your authorised user list.
Returning Originals
Sorry but we are not able to return originals. So please take a copy for your records.

Please be aware
Our offers are some of the best in the industry and rely on administration to be kept to a bare minimum; therefore it is your responsibility to follow the following redemption requirements: All of the information required to claim is supplied to you during the sale process.
It is your responsibility to:
a) Record the order reference number that we give you at point of purchase.
b) Record the overall cash back amount that you have as a part of your purchase.
c) Record the dates above at which you are eligible to claim.
d) To print off the claim form we send you by email at the point of purchase.
e) Return the correctly completed form within the prescribed time.
All claim information is supplied to you at the point of purchase. However to assist, we do hold your data on our system, for ten working days after your connection. Unfortunately we do not have the resource to answer queries outside this timeframe.
mailto:10dayqueries@mobile-affiliates.co.uk?subject=10 Day Query
Where a valid claim has not been received by us within one calendar month of the required bill, which is the closing date for your claim. You will not be entitled to any part of the Cash Back offered. Cash back files are closed and cannot be reopened in these cases.


Lynsey

AP

I sent an 'informal request' to them and then an LBA after not receiving a reply. Both letters were sent by first class recorded delivery to their address at Stafford but none of them have been tracked under Royal Mail Track and Trace.

Can I assume that they have received both letters but simply not signed for them or have they actually got lost in the post - twice to the same address? (or refusing to accept knowing that they might be one of these letters?)

[Deleted User]

OK. In my case they havent turned down my first claim just ignored it totally. No response to emails/ letters I sent.

So, following a final warning letter, I've done a claim for the whole amount. Had a letter back from the court saying that CNM are planning to defend the claim.

Do they normally do this? What happens next? I'm assuming in the next 14 days they have to come up with a defence...

TERMIN8TOR

AP wrote: »

I sent an 'informal request' to them and then an LBA after not receiving a reply. Both letters were sent by first class recorded delivery to their address at Stafford but none of them have been tracked under Royal Mail Track and Trace.

Can I assume that they have received both letters but simply not signed for them or have they actually got lost in the post - twice to the same address? (or refusing to accept knowing that they might be one of these letters?)

if
rm website says delivered, ring rm for proof of signature - they will email it to you free of charge.