Coolnewmobile, merged threads

bobstheboy

LOL

Well, I have communicated with a lot of members of this site with no problems, despite having "a fatal mix of the propensity to take offense and the propensity to miss the point."

Have a nice day.

Bob

Neillgb

Gromituk,

Have you taken legal action against CNM. Simple question, no big words required in response.

Neill

Asiya_2

Well done Bob and Neill,I am glad all went well for you. I have submitted my claim and now I am awaiting what will be the outcome. I am ready and I will absolutely not let them get away with my money. They must pay the price.

Quentin

bobstheboy wrote: »

Quentin

I would have obviously liked the total cash back. You insinuate that I should have stuck to my guns and gone to court. Do you really believe any judge would have given me judgement for the total amount when the defendant has made a reasonable offer and reinstated my contract ? I would have run the considerable risk of losing everything.

Bob

Their offer came after the summons was received, but before they had submitted a defence. (You didn't say if they were intending to defend the summons if you refused their offer)

Your case was undefendable (you had stuck to the ts + cs), so had you refused the offer they would have had to decide whether to pay your claim in full, or produce a defence, and as they had no defence, then paying your claim in full would have been their only option.

bobstheboy

Quentin

I honestly do not know if you are right or not. My understanding is that I had issued a Statement of Facts prior to any court action. Anyway I was not going to run the risk of the court saying I had acted unreasonably in not accepting a reasonable offer.

Bob

Quentin

My post on this topic was never intended as a specific "criticism" of your handling of the particular case. It seems both parties are happy with the outcome, which is a plus all round.

It is just that if one makes a Claim, pays the court fee etc, then the Defendant gets in touch (having been served the summons, and seen the "bones" of the case) and wants to negotiate, then the Claimant should realise that the Defendant is trying it on - in the knowledge that should a case progress to a hearing they don't stand a chance.

Refusing to negotiate with a Defendant after the summons has been served is not grounds for a Claimant to lose the case, should it reach a hearing, and no court would say a Claimant was acting unreasonably in not accepting a Defendant's offer to pay them less than the amount claimed (and of course covered by the appropriate court fee), providing the amount claimed was correct - in your case, it was, and in fact it seems you "let them off" paying you the interest they owed you on the unpaid money, so they were already "getting away" with not paying you what you could have claimed from them.

In this case, they committed a fundamental breach of the contract, and once that happened, then no contract existed between the two of you, and they were open to a Claim for the full amount they owed under the original deal.

Neillgb

Bob, Quentin.

95% sure that Bob would have won the case if he had taken hard nosed approach. Having said that he might of had to appear in Court, take a day off work etc. creating more expenses. As it is he will be getting a cheque and his claim reinstated. This is a great deal more than a lot of people will be getting!

So I think you are both right!! Lets hope a lot more people get the money due to them.

Regards,
Neill

mobilejunkie

I'm not sure why it's "a great deal more than a lot of people will be getting". I fully intend to get ALL my cashbacks and can't see they have much chance of avoiding paying! It seems to me they can only do so if people let them - and they have simply been pushing the boundaries to see how many will. Enough, I suspect - but I won't be one of them!

dtm953

Just wanted to share my story 12 months on the road.
Took out two contracts with CNM 13 months ago.

One of the phones that arrived was reconditioned and missing essential extras which lead to a nasty circle of phone calls (where they pass you from one number to the next again and again) until I eventually got to a very helpful and apologetic lady who agreed with me I had not received what was advertised and went out of her way to help out. Eventually sorted it all out and got some nice bonus extras thrown in (though obviously would have preferred not to have the hassle).

All cashbacks came slowly and eventually but I did get texts or e-mails letting me know they had received cashbacks (which was more than I got from e2save in the past). Original cheques were handwritten and signed but they've obviously gone more automated now.

Overall happy but I feel for all the less fortunate people who are posting here and whoever I buy my next phone from I'm weighing up whether these cashback deals are worth the hassle. (although including referrals I did come out of my latest contracts £70 in profit so can't compain.)

Good luck to all sorting out cashback issues

gromituk

Neillgb wrote: »

Gromituk,

Have you taken legal action against CNM. Simple question, no big words required in response.

Neill

No I haven't - for the simple reason that I haven't been refused any cash-backs (yet).

I hope those words are small enough for you to understand. :rolleyes: