Coolnewmobile, merged threads

bobstheboy

Nobody has posted who has gone to court. They seem to offer the cash back due, not the full amount. There is a difference of opinion as to whether you should hold out for the full amount. They may still settle out of court but is it worth the risk ? You just might lose because you refused a reasonable offer. Surely it is better to take the money than take a gamble ? Just my opinion and I know others disagree so I don't want a slanging match !

Bob

[Deleted User]

bobstheboy wrote: »

Nobody has posted who has gone to court. They seem to offer the cash back due, not the full amount. There is a difference of opinion as to whether you should hold out for the full amount. They may still settle out of court but is it worth the risk ? You just might lose because you refused a reasonable offer. Surely it is better to take the money than take a gamble ? Just my opinion and I know others disagree so I don't want a slanging match !

Bob

Bob,

Yes. I've read the thread and how you've fared. Remind me - they pay installment + court fees, didnt they?

Has everyone been offered just the installment or has anyone successfully got them to cough up for the lot?

I think I'd be the same as you and probably settle for just the installment paid etc and written confirmation that you were going to be OK for future claims. Then again, what if they try the same on installment 2? I think my pateince would run out if I had to go trhough the whole issue summons thing again...

agentsmith

hello, please see my post 5 or 6 up from here.....

bobstheboy wrote: »

Nobody has posted who has gone to court. They seem to offer the cash back due, not the full amount. There is a difference of opinion as to whether you should hold out for the full amount. They may still settle out of court but is it worth the risk ? You just might lose because you refused a reasonable offer. Surely it is better to take the money than take a gamble ? Just my opinion and I know others disagree so I don't want a slanging match !

Bob

Quentin

[quote=[Deleted User];6322167]Seems to be they always seem to settle in advance of the court date. Anyone had the whole cashback amount from them in one go or just the installment that was missed?[/quote]

See agentsmith's post above (871) for a success in getting the whole amount. Others have posted that they have been contacted once the summons has been received with an offer to pay just the missing instalment (plus costs) and to reinstate the contract for future instalments.

But it was them that broke the contract, so why accept their "kind" offer to reinstate it? It just gives them more opportunity to cause stress over the remaining instalments.

If a Defendant contacts you once you have issued a summons wanting to do a deal it is best not to negotiate with them. Tell them in the circumstances you cannot discuss the matter on the phone, and suggest they write to you, but that you are only willing to accept the amount claimed to close the matter.

Once they have breached the contract, and you end up issuing a summons to get your money from them you can ask for the whole amount outstanding from the original (though now broken - by them) contract.

Claim for the total outstanding, plus interest due on the instalment correctly claimed, and of course the court fee.

Put in your claim that their refusal to pay you despite your legitimate claim is a fundamental breach of the contract.

bobstheboy

Apologises all round - should have read Agent Smith's post carefully.

I am still happy to get my claim reinstalled. Good luck to everyone who has problems now and in the future - could be me !

Bob

[Deleted User]

I recently emailed T-mobile to tell them how they're resellers were ripping people off with the cashback deals.

Had a phone call from someone at T-mobile. They said they couldnt help with the cashback issue because the CNM were a separate company to T-mobile.

All he offered was that I could switch to a lower tariff if I wanted! I declined this kind offer - after all I definitely wouldnt get any more cashback if I did this !!!!

I did explain to the person that even though I appreciated that CNM were a separate company, they were a reseller authorised by T-Mobile. As such, T-mobile are linked, whether they like it or not, to the dodgy dealings of their resellers...

After all, T-mobile, I assume, have paid commision to CNM for the contract sold to me through them. They could, in theory, demand this back from CNM (assuming they've paid it) and give it to me !!!!

mobilejunkie

Dream on... all that would happen is that the dealer would go down the tubes and all its customers would be stuffed. It's easy enough to enforce your rights with this company and that is the wise thing for each person to do, as and where necessary.

trevorh

agentsmith wrote: »

All, good news - they settled. £386.:D

*If* you think you have a strong case - I suggest moneyclaim as the way to go.

Well done. Are you able to enter a Judgment by Admission at MoneyClaim as this could be a helpful precedent for others who have been treated the same way if they actually have to follow through in court.

Those of us who have settled for the missing cashback and the contract reinstated obviously can't do that and so I've just advised the court that I have received money from the defendant and the case is left dormant.
Trevor

Quentin

Judgement on Admission doesn't come into it when you use MCOL.

And it is highly unlikely a county court judgement would set a legal precedent (you need a high up judge to set a precedent - usually small claims are heard by a district judge)

In agentsmith's case it doesn't look as if it even got as far as a judgement.

folkestonelisa

Welll jumping for joy here as ive just received Junes cashback with only one email to them asking where it was. :j Thats my third one so only 2 more to go and ive sent one of them off already.