Coolnewmobile, merged threads

mobilejunkie

Then you'd lose out! It's complete rubbish; the contract has been broken and they have denied you the right to claim the remaining cashbacks. I have no qualms about claiming the full amount under their t&c, plus costs and interest. It's extremely clear!

gromituk

No, you wouldn't lose out at all - they might invalidate future claims while the court case was pending, but then would have to re-examine them subsequently in the light of the disputed claim being ruled valid.

I don't think it's the job of the small claims court to punish the accused, just achieve recompense for the accuser. That doesn't mean you can't claim for costs and interest, but I don't see how it gives you the right to further claims without sending in the paperwork.

Still, we'll see what happens anon.

goshdarnit

A repudiatory breach of a contract can occur when a party intimates by words or conduct that it does not intend to honour its obligations under the contract. In the event of a repudiatory breach, the innocent party may either elect to affirm the contract, if that is possible, or accept the repudiation and so bring the contract to an end. The innocent party may sue for the damages it has suffered, consequent upon the breach.

Mobile phone people have failed to honour its obligations by saying they won't give you any more money due to an alledged breach (which you can disprove, as you're taking them to small claims anyway on that basis).

Which seems to suggest you can sue for damages, and can do so in small claims court.

mobilejunkie

There're plenty of discussions on these threads apart from anything else. By denying a single claim they have invalidated the rest; therefore they have fundamentally breached the contract (which THEY wrote!) and you are perfectly entitled to claim ALL the remaining cashbacks. You wouldn't catch me messing around with one at a time after they've shot themselves in the foot! I am more than happy to sue if they try it on with me.

bobstheboy

Interesting !

I shall take advice from Consumer Direct if (when) I start my claim. My gut instinct is that CNM will have broken their contract and trust and therefore I would expect to claim all the cash back due.

Bob

iabw12

If it's any help, I had a problem with another mobile phone supplier. When I made my first CB claim, they denied it on the grounds that I had not followed their T&Ss. I made a claim via the Small Claims Court (on line) and I successfully claimed for the full amount (ie the full annual payment) plus court fees. I don't see the point of claiming just one portion, as the minute they claim you are in breach, your total claim goes out the window, unless you fight it. Hope that helps in making your mind up whether to claim the whole amount or not!?

gromituk

I'm glad to hear that. It might make these companies slightly less trigger-happy if they know they will have to pay out earlier (plus the small court fee) than they otherwise would. I presume it didn't get as far as court.

iabw12

You're absolutely right! I sat tight, and received a phone call from the company in question - out of the blue, advising me that a cheque for the disputed amount was on it's way. This was about a month or so before the case was due to be heard.

mouseclick

Hi all, I have a problem with the sister company. I have just filed a complaint that my T&Cs appear to have been unilaterally changed without them even telling me, and I have asked for advice on which terms apply, namely the ones I have seen or the new and more restrictive ones that I have yet to be told about.

Read this statement issued by Sandwell Trading Standards on 27th July 2007 and follow the advice in the last paragraph, namely complain to Consumer Direct. This can be done by phone or email.

Please note that others beyond the reaches of MSE are affected a quick web search shows that.

The more people that complain to Consumer Direct the better, as this will reveal the full extent of the problem to the Trading Standards Authorities.

bobstheboy

Changing T & C's is bad enough. To deliberately disqualify a claim by alleging you have not sent a page of the bill in the envelope is criminal.

I just wish a former employee would come forward and confirm what everyone on here already knows.

Bob