Earth Mobile Ceased Trading can anyone help

seaniboy

Ownership ALWAYS lies with a seller until FULL part/full payment/exchange in any financial transaction agreed...demand mobile return, full payment and as a last resort if disposed of/unknown whereabouts go via small claims against the director/s regardless of VL or else you will NEVER see FULL payment - your the seller and the law protcts you to FULL agreed payment and the ownership stays with you till that point, small claims could even get FULL retail price to replace your "lost" asset, most small claims judges would allow for deprication though on mobile age, condition is irrelvant with no proof of handset from either party given its "missing" status.

Olumy

This is my story with Earthmobile through emails. Pls read.

I got email confirmation on 15/07/2010 that my handset passed engineer's test and I would be paid within 14 days.!

When the cheque didn't come in the post I called Earth Mobile on 30/07/2010 and the staff I spoke to said he was going to prepare the cheque and post it first class to me.!

I called again on Mon 3rd August. The same male staff picked the phone and assured that he prepared the cheque and pit it in the post. !When I told him that he said first class , he replied yes but not necessarily next day delivery.!

Since 4th of August the phone has rang unanswered till I checked your website yesterday and I found out the company is not operating any more.!

I would like to know if there is anybody to contact to resolve the issue of my payment. !I would like telephone number or email address and the name to contact please.!

Thank you.!


I got this 15 July 2010

Dear <#FIRSTNAME#>

Further to the receipt of your handset and the completion of our engineers tests we are pleased to confirm that your phone has passed our tests and the valuation for your handset is that published on our website at the time of your order £241.00

Your order has now been passed to our acccounts department for processing and your payment will be raised and posted in due course.

We endevour to pay all our customers within 14 working days of receipt of the phones being received, however this can vary during busy times of the year.

We would like to thank you for using our services and hope that you will visit again soon and recommend friends and family as an opportunity to make some extra pounds for redundant phones.

!

Regards

Earthmobile Ltd

Silk

seaniboy wrote: »

Ownership ALWAYS lies with a seller until FULL part/full payment/exchange in any financial transaction agreed..

Sorry Sean it's not agreed
I've explained what the legal situation is ...there are thousands and thousands of companies which are owed fortunes from defunct LTD companies that have gone bump and it is very rare that any of them get the goods they have suppled returned.
A private individual is treated just the same as any other creditor I'm afraid

seaniboy

Not in a small claims court...take all the proof of your return request, then full payment request, VL does not protect the directors from small claims while in VL/L.

Silk

seaniboy wrote: »

Not in a small claims court...take all the proof of your return request, then full payment request, VL does not protect the directors from small claims while in VL/L.

The action is against a LTD company untill it can be proven the Directors have done something wrong.
Untill you can prove dodgy dealings it would be kicked out and up to now we don't know whats gone on

jiggens83

Whether or not ownership of the phone lies with you or Earthmobile seems to me to be a something of a moot point at the moment as you can bet that the phones still in the office (if there are indeed any) are either phones that are not able to be sold on or are of little resale value (who honestly thinks it is likely that their 3GS will still be there) so the real question that we need to know at this time is If this was a scam of some sort or a guy that was in well over his head. I for one think that this was a scam and if you read all of the posts this only helps to confirm my thoughts, therefore I shall be taking all of the information I can find to the Police this weekend and will of course let you all know how I get on, if in the interim anyone has any additional information that would suggest that this was a con to relieve you of your phone with no intention of paying for it then please post something.
Does anyone know how long the website was going?

Silk

jiggens83 wrote: »

Does anyone know how long the website was going?

Four and a Half Years.

Guys_Dad

seaniboy wrote: »

Not in a small claims court...take all the proof of your return request, then full payment request, VL does not protect the directors from small claims while in VL/L.

Back when the Utilities were being sold off in the 80's, a number of British Gas shares were sold immediately by small investors or a quick profit. One of the companies buying the shares - and one that had been trading for some time - was liquidated by the stock exchange or another authority immediately after the Gas flotation.

Thousands of investors had sent their certificates in and were awaiting payment at that time. None of them got their money as they had agreed to sell the shares and, once received, became the assets of the business, even though not paid for. The sellers became unsecured creditors and, I believe, received 10p in the £ or so.

And tracing the original owners of the shares was easy as they all had numbers on them that were recorded by the registrar. Now if they didn't get their share certificates back, just why do you thing this case is any different?

sammyt_3

I have had exactly the same problem. Sent my sony ericsson w995 off on the 1st of June. Recieved an email saying that it has passed the tests etc. Rung them on the 1st of august they said they have been busy and that it would be sent out that day. Rung them today and they have ceased trading. Definatley think its fraud. Have written to watch dog. Not sure what else there is we can do?

Suzanne2006

It seems to me that most people here are all talk!! Someone must live near the address supplied for this man that has stolen from all of us??? If I did I would be straight round there to find out what is going on. There is no reasonable explaination for what has happened, you are attempting to judge him compared to what you or any decent person would be doing or thinking. He clearly knew what was going to happen, he was lying to people about their cheques while still happily sending envelopes out and accepting more phones for the next couple of months (when I sent mine)!! I was sent an email (as I'm sure everyone else was) with the name field and order number both not filled in confirming the offer, again just stalling for time while the company was shut down and website deleted. A decent person wouldn't just put ceased trading on their site and no more information. We will never see a penny of the money we are owed. No I don't know how he sleeps at night, but there are many that wouldn't give a damn and would even be laughing while reading our comments.