are mobiles.co.uk still in business?

Quentin

Silk wrote: »

...I also get the impression there may be gagging clauses when they settle if it goes to court but thats only a guess.

No there are no gagging clauses from them.

I suspect very few end up in court with a judgement based on the evidence (they know which ones they cannot win, and make a full offer at the eleventh hour to settle up, and presumably those that they do take to court they think they will win - and if they do we don't hear about it!)

They sometimes slip up on the admin side and end up with a judgement by default (ie they forget to deal with the summons whilst internally corresponding with the customer, thus they cannot go back to court after the default judgement and ask for it to be set aside on the grounds they never got the documents when the claimant has had correspondence from them trying to do a "deal")

Quentin

marshallka wrote: »

You are right Quentin. If though by Tuesday nothing arrives (and I shall be HERE to sign) then I shall be doing my LBA.

The problem you have is that now they are alerted to you, and if it doesn't come on Tuesday, and you send an LBA, they have another bite at the cherry to apologise profusely and get your cheque to you.

marshallka

Quentin wrote: »

The problem you have is that now they are alerted to you, and if it doesn't come on Tuesday, and you send an LBA, they have another bite at the cherry to apologise profusely and get your cheque to you.

No way would I allow them another bite of the cherry. I don't actually believe their excuse to us today but if the cheque is not here on Tuesday they have breached their contract and no amount of excuses would stop me going further. (MCOL). I have already stated in my email to the CEO I would be starting legal proceedings and that my email was a letter of complaint.

Are you thinking I would lose because I have given them a chance to put things right? Is that how a court would see things? If it is then its a very unfair legal system!! I know with the OMbudsman service (I know these type complaints cannot go to FOS) they will not accept a complaint until the firm has had a chance to put things right.

Lynsey

Silk wrote: »

Lynsey will moan I've not updated them

Me moan?? I don't know what you are talking about.

I only moan about dodgy companies, the ones trying to put one over on their customers - unfortunately there are plenty about!!!!!!!

Lynsey

Quentin

marshallka wrote: »

no amount of excuses would stop me going further. (MCOL). I have already stated in my email to the CEO I would be starting legal proceedings and that my email was a letter of complaint.

Are you thinking I would lose because I have given them a chance to put things right? Is that how a court would see things? If it is then its a very unfair legal system!!.

If you are meaning an MCOL for fundamental breach, that could fail (as you have accepted their shortcomings to date, and not embarked on any legal action).

(You seem keen to do it now - but by corresponding with them and not going for fundamental breach you do seem to have accepted their excuses and offer to pay you what they owe you next week under the terms of the contract)

But if the cheque doesn't come, then LBA/MCOL for the money outstanding, and that will succeed.

Lynsey

Marshallka, there is two ways of dealing with your issue. You can try and sort it amically or you can go the LBA route - you can do both in tandem of course, that's what everyone in these situations need to decide.
Dealing with Mobiles.co.uk staff is not easy as witnessed on this forum and your emails from them backs this up - they will try any dubious trick to avoid payment, not necessarily to everyone, but definitely a percentage. Those who lack the fight are "easy pickings" for them.
It must work for them, despite tarnishing their company - seems strange to me, but must be profitable or they are trying to deter people from taking cashback deals by fear and hoping for more straight forward lucrative deals (maybe both).
I hope you get this sorted as planned and your cheque arrives as stated, hopefully they then know you know how to deal with their tactics and stop messing you about the next time. Unfortunately there will be some other innocent to follow on, who might just lack the fight.
For the future though, go straight in with a LBA - you also have enough evidence to show what these cowboys are like. They don't really deserve a second chance.

Lynsey

Guys_Dad

I am still fascinated how they manage to say they can get a cashback cheque out in 2 days when they claim it takes 28 to go through the system.

Lynsey

Guys_Dad wrote: »

I am still fascinated how they manage to say they can get a cashback cheque out in 2 days when they claim it takes 28 to go through the system.

It's up to 28 days.
This one will be sent recorded delivery, guaranteed next day - unless Mr Dunstone is personally delivering it by hand. :rotfl:

Lynsey

Quentin

When push comes to shove, they miraculously have an old fashioned cheque book, which they pull out, hand write a cheque, and send it by special delivery.

Quentin

Lynsey wrote: »

Marshallka, there is two ways of dealing with your issue. You can try and sort it amically or you can go the LBA route -

No - Marshallka wants to end her contract (with cpw), on the grounds that they have broken it.

There is no chance they will do this "amically"!