Coolnewmobile, merged threads

bobstheboy

The Claim Form you downloaded and printed will show the documents required. Later Claim Forms were altered to show the dispatch note requirement.

Bob

IoweIoweitsofftoworkIgo

Cheers Bob & Lynsey

As prev thread, I was lucky and DID receive all my 1st contract cashbacks, then signed upto my 2nd in May this year.

Will just have to wait & see & hope!

bfinn

Anyone who feels like challenging Mobile Affiliates (Coolnewmobiles' cashback processing) in court or via trading standards, please note that their terms & conditions are illegal, as (as far as I can tell) they contravene the Unfair Terms in Consumer Contracts Regulations 1999. In particular:

1. It is considered unfair if there is an imbalance in the company's favour; in particular a consumer is held to an obligation where the company is not held to a similar obligation. In this case their terms say you lose all the rest of your money due if you don't send them your paperwork on time; however there is no reciprocal arrangement where Mobile Affiliates pay you (a similar amount, which might be hundreds of pounds) if they don't send you a cheque on time. And in my experience they don't send you your cheque on time.

2. The effective penalties levied for delayed paperwork are in any case manifestly unfair, as are probably some of the other terms and conditions.

3. Mobile Affiliates appear to have changed the terms and conditions since I signed my contract, and seem to be operating under the new conditions which gives them even longer to process your paperwork before sending a cheque - namely 45 days (originally 28 days), and they require you to send your bill in within 21 days (originally 1 month). But in law they have to treat you under the original terms and conditions - they can't change them unilaterally.

With regard to 1 above, it seems to me that Mobile Affiliates should be forced to recompense everyone it has unfairly withheld payments from, or alternatively to pay everyone it has sent cheque to late.

I strongly suspect that if a case came to court involving these terms then any consumer would win because the terms are so clearly unfair.

I have not (yet) had problems with Mobile Affiliates other than cheques arriving late; however I will be delighted to take them to court (and try to obtain a wider ruling against them) if I do encounter any problems with them.

You can get more details on unfair terms from the Office of Fair Trading web site http://www.oft.gov.uk - a detailed document is here:
http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft143.pdf

bobstheboy

Bfinn

I tend to agree with you. It has already been posted that similar T&C's were deemed unfair by a judge at Tunbridge Wells County Court. He did not like the stipulation that only original documents had to be forwarded as any loss (Royal Mail for example) would forfeit the claim and was threfore unrecoverable by the claimant. This was deemed unlawful.

Bob

Asiya_2

Bob and Neillgb you have pm

bobstheboy

Asiya

I am pleased you have decided to go the legal route. This company and others like them must not be allowed to get away with this nonsense.

Good luck

Bob

Neillgb

Could anybody let me know if Trading Standards have actually achieved anything concrete with regard to CNM. Have they actually imposed any sanctions? Have they got them to pay up? Have they even contacted CNM?If, as I suspect, the answer is no then what is the point in contacting them, all they seem to do is state the obvious.

Neill

jeppy

I have again enterred into a contract with CNM, even though I am still awaiting an email confirming receipt of my final claim sent 9th July!!

Fortunately I noticed the despatch note condition, so I have saved this, but I have only received one email confirming the order this did not include a claim form. I haven't received any others. Does anybody have a copy or know how to get a copy?

In addition I have cancelled my DD for the insurance. They took the payment before sending the policy!! I have written to cancel the policy, but I hope that this will not be classed as a late payment and therefore making my cashback claim void. Can banks reinstate the DD if I call them?

Thanks

IoweIoweitsofftoworkIgo

jeppy wrote: »

In addition I have cancelled my DD for the insurance. They took the payment before sending the policy!! I have written to cancel the policy, but I hope that this will not be classed as a late payment and therefore making my cashback claim void. Can banks reinstate the DD if I call them?

Thanks

I don't believe that the optional insurance has to be taken in order to qualify for the cashback. I have just completed 3 contracts and cancelled the insurance on all 3 immediately.

Lynsey

Neillgb wrote: »

Could anybody let me know if Trading Standards have actually achieved anything concrete with regard to CNM. Have they actually imposed any sanctions? Have they got them to pay up? Have they even contacted CNM?If, as I suspect, the answer is no then what is the point in contacting them, all they seem to do is state the obvious.

Neill

Neill, after contacting TS they have since stated that they have informed CNM that my contract has to be fully re-instated to the original.
I have a claim in which is due to be paid in the next couple of weeks, so we will see what happens. To be honest I don't hold out much hope and haven't even had a reply that all is in order yet. They did acknowledge receipt within a day, but nothing else. No messing this time, if they don't pay on time, they have breached T&C's and I will give a deadline for payment and if necessary use the legal route. This is what I'm expecting from this dubious company.
I will update as and when.

Lynsey