are mobiles.co.uk still in business?

Silk

Quentin wrote: »

If you refuse a cheque, that could prejudice things, as the court doesn't like being used in this way, and the judge could see it as the claimant's attempts to thwart the defendant paying them as being unreasonable.

Hi Quentin,
I agree which is why I was asking the question

marshallka

Silk wrote: »

Have you decided what to do if and when the cheque arrives ???

ie. accept delivery or not ?

I shall see about that one if the pigs do fly so to speak (to say I would accept would be like accepting their excuse again and I do not think they have actually sent one out and only time will tell). I have actually now received another email saying they have paid again and again apologised. Will not accept this excuse now though and want the contract ended and all my DUE cashbacks paid with help from the courts on this one. I shall not be accepting anything from mobiles.co.uk except for an end to this headache of a contract and my court fees paid. IF they have sent a cheque regardless they can reduce my claim for the full amount by that amount of money. The contract is still broken anyway and I am not going through this again with future claims.

Silk

marshallka wrote: »

I have actually now received another email saying they have paid again and again apologised.

I wondered if you would get another email as I saw the Rep was in cruising today at 1.30 but chose not to post :rotfl::rotfl::rotfl:

Guys_Dad

You say that you have started MCOL already. Do you not have to go through the motions of a LBA first or is that just a desirable but not mandatory convention?

I am sure Quentin or MJ will be able to give a definitive answer to that point.

Quentin

It is desirable.

The courts don't like being used as first line debt collectors, and a LBA shows the claimant has attempted to get paid before resorting to the courts.

If action is taken without the LBA, then the defendant can claim to the court that the legal action came out of the blue, and get the court to agree they won't have to pay the court fees (especially in cases where the payment crosses in the post with the summons). That means the claimant is left having got the money they were owed, but out of pocket as the defendant pays the court fees up front, and adds them on top of the debt when issuing the summons, and when winning the case would normally be given judgemenbt for the original debt plus the court fees.

marshallka

Quentin wrote: »

It is desirable.

The courts don't like being used as first line debt collectors, and a LBA shows the claimant has attempted to get paid before resorting to the courts.

If action is taken without the LBA, then the defendant can claim to the court that the legal action came out of the blue, and get the court to agree they won't have to pay the court fees (especially in cases where the payment crosses in the post with the summons). That means the claimant is left having got the money they were owed, but out of pocket as the defendant pays the court fees up front, and adds them on top of the debt when issuing the summons, and when winning the case would normally be given judgemenbt for the original debt plus the court fees.

I did send emails to Mobiles.co.uk and got ticket numbers but no replies. I also emailed them direct and got no reply. I did email the email addy posted on site for the CEO and it was only then after sending this that anyone actually bothered to reply. I was told that I would receive a cheque on Tuesday being today and it has not arrived. I am not listening to anymore and don't want the same thing happening again so I have asked that the contract be ended and ALL my cashback be paid as they have breached the contract. What would happen if I did not submit my claim to them on time? Would the contract be ended and all subsequence cashbacks be cancelled???????????

marshallka

Quentin wrote: »

It is desirable.

The courts don't like being used as first line debt collectors, and a LBA shows the claimant has attempted to get paid before resorting to the courts.

If action is taken without the LBA, then the defendant can claim to the court that the legal action came out of the blue, and get the court to agree they won't have to pay the court fees (especially in cases where the payment crosses in the post with the summons). That means the claimant is left having got the money they were owed, but out of pocket as the defendant pays the court fees up front, and adds them on top of the debt when issuing the summons, and when winning the case would normally be given judgemenbt for the original debt plus the court fees.

Quentin, trying to pm you.

Guys_Dad

The point about an LBA is it is a Letter Before Action in which you give them a reasonable time to pay you or you will take legal action.

You can demand that they pay you all of the outstanding cashback as they have committed a fundamental breach of contract. If they refuse, then you MCOL.

You will not win court sympathy by making unreasonable demands. Apart from the contract being with the network for the airtime, it is not reasonable to demand (a) you keep the phone (b) you get a full cashback and (c) the contract be ended. If you claim for all of that, you will almost certainly lose.

You need to rein in the emotions and be level headed over this. Follow the advice of those who have been down this path before and if MJ is back on line, then heed his advice. Quentin seems to be well informed as well. Personally, I have only used MCOL twice before - not on mobiles - and won judgment in full on both, but the matters were very different.

marshallka

Guys_Dad wrote: »

The point about an LBA is it is a Letter Before Action in which you give them a reasonable time to pay you or you will take legal action.

You can demand that they pay you all of the outstanding cashback as they have committed a fundamental breach of contract. If they refuse, then you MCOL.

You will not win court sympathy by making unreasonable demands. Apart from the contract being with the network for the airtime, it is not reasonable to demand (a) you keep the phone (b) you get a full cashback and (c) the contract be ended. If you claim for all of that, you will almost certainly lose.

You need to rein in the emotions and be level headed over this. Follow the advice of those who have been down this path before and if MJ is back on line, then heed his advice. Quentin seems to be well informed as well. Personally, I have only used MCOL twice before - not on mobiles - and won judgment in full on both, but the matters were very different.

I thought I was being level headed. I have given them time to look into my complaint and asked that they do so immediately. I have received ticket number saying they would reply but they never did. I have listened to the fact they said my cheque would be here by 1pm latest today and it has not arrived. I then thought it best to start a MCOL to ask that the courts help in ending the contract as they have breached it. I did not think I had actually done anything wrong here or used the courts for anything other than what they are there for???????? I only want my cashback contract ended as the airtime is with 02.

Guys_Dad

marshallka wrote: »

I thought I was being level headed. I have given them time to look into my complaint and asked that they do so immediately. I have received ticket number saying they would reply but they never did. I have listened to the fact they said my cheque would be here by 1pm latest today and it has not arrived. I then thought it best to start a MCOL to ask that the courts help in ending the contract as they have breached it. I did not think I had actually done anything wrong here or used the courts for anything other than what they are there for???????? I only want my cashback contract ended as the airtime is with 02.

First of all, I am on your side. Second, I understand fully the frustration and annoyance that you have suffered by their consistent failure to honour their t&c plus their letter/email to you.

All I am saying is that when you go to law, law has its own procedures and to win, you need to follow its "t&c" if you like. You have not, I think, advised the company that you intend to sue for the full amount and give them the opportunity to settle in advance. Quentin put it succinctly when he wrote "The courts don't like being used as first line debt collectors, and a LBA shows the claimant has attempted to get paid before resorting to the courts.".

In addition, they will reject any claim that is unreasonable and what you wrote that you wanted was unreasonable ( (a) you keep the phone (b) you get a full cashback and (c) the contract be ended.) Drop the contract ended part.

WE want you to get what you deserve and get one against the head by getting all of your cashback early. Just don't spoil it by either being greedy or failing to follow best practice.

And as I began, I - and others - are on your side.