Coolnewmobile, merged threads

Lynsey

bobstheboy wrote: »

LOL - just beat me to it

The more help the better, that's what forums are for, or at least they should be.

Lynsey

Lynsey

Rajastyle, T&C's sent.

Lynsey

RajaStyle

Thanks Lynsey, bunch of scumbags i'll nail them yet !

Lynsey

RajaStyle wrote: »

Thanks Lynsey, bunch of scumbags i'll nail them yet !

You're welcome. Incidentally which claim form did you send??
Did you print them off straight away around your contract starting or did you print them off later than July 1st??
They only used the one link which was a bit naughty.

Lynsey

RajaStyle

As i have 3 contracts with them and the first 2 were past the 1st claim stage, I just used the link provided in my original email from them in March at the time of claim in August and printed one off then. I am pretty sure I don't remember reading the request for the 'handset despatch form' but then as the document was modified on the 28th of june it may have done, but I am sure it didn't. Or maybe it was the fact that I had 3 contracts with them i subconsiously did what I did with the other 2 and provided everything bar the handset despatch form.

However logically speaking if I took a contract out in March and the document and their terms changed on 28th June, what reason would I not have to throw the hanset despatch form away anyway ? I am sure it wouldn't stand in court.

P.s. If you right click on the new pdf claim form and click properties it gives the date when it was changed.

Lynsey

You're right it wasn't required for March contracts and this is what you need to tell them. If you weren't told to send it with the original T&C's it is not required. Once this is pointed out it should be sorted, but CNM are difficult to deal with. Maybe the claim form you sent asked for it, but it should be irrelevant to your claim.

Lynsey

Lynsey

insurgente

Insurgente

The consensus here is that you should go for all outstanding cashbacks plus the court fee.

Agentsmith managed to get them to pay all this amount saving any future hassle.

Others of us have settled for the refused cashback and reinstatement of the contract (as CNM had said that all future claims were null and void)

Hope that helps and good luck.
Trevor

nice one, cheers for the help....

I sent them a letter a while back, threatening such legal action. But I sent it normal post rather than special delivery.... which was probably stupid; i got lazy and didnt want to keep throwing money at this. So should I go for MCOL or send a letter, properly this time, via MCOL?

To be honest I'm just worried about losing more money, which is probably the fear on which these companies thrive. If I make a MCOL claim and they decide to fight it; it gets towards the date and they're still fighting it...what happens if i just bail? I.e. would i 'just' lose the 30 quid MCOL money? I really can't be arsed to start paying their court fees or anything

Quentin

Don't embark on a county court action before first sending a Letter Before Action. Ordinary mail will do.

And don't bother embarking on one if you are unsure if you will win. Though if you have stuck rigidly to the contract conditions then you will win.

And don't embark on one unless you are sure the Defendant has some money to pay you when you win.

If you have paid the court fees for issuing a summons, and they defend the summons, you then have to pay another fee for the hearing.

All fees are added to your claim to be paid by the defendant when you win.

If you withdraw the case prior to the hearing then the case is closed, and no more fees are to be paid. (Unless the Defendant makes a counterclaim against you, in which case your withdrawal won't stop the counterclaim being heard - unless that is also withdrawn by the Defendant).

Lynsey

Quentin wrote: »

Don't embark on a county court action before first sending a Letter Before Action.

100% agree with that, you have got to give them a chance to rectify things first, but knowing CNM :rolleyes: , you will probably have to sue.


Lynsey

Asiya_2

Insurgente,
I am not sure too whether it was a good idea to send LBA in normal post. The reason to send LBA via recorded delivery is to cover your back so that CNM don't complain that they didnot receive LBA and therefore didnot have a chance to rectify mistake before legal action (knowing them they wouldn't havedone it anyway). This may go agianst your case.

If i were you, i would have sent a second and final reminder letter to sort out the mistake with a copy of the 1st LBA and would only give them 10 days max before commencing legal action.

Be very sure whether you want to go via legal route and contact your local trading standards for more help and advice.

insurgente wrote: »

nice one, cheers for the help....

I sent them a letter a while back, threatening such legal action. But I sent it normal post rather than special delivery.... which was probably stupid; i got lazy and didnt want to keep throwing money at this. So should I go for MCOL or send a letter, properly this time, via MCOL?