Earth Mobile Ceased Trading can anyone help

Silk

welshman1982 wrote: »

If things go down the administrator route all that you actually have by sending an item via recorded/special delivery is proof that an item you sent was received thanks to the electronic proof of delivery/signature for that item.

That is all that you would need to back up your emails and agreement that you would send the phone to them and you have a receipt for it being received ...the fact that it doesn't say what was in the parcel would not come into it.

welshman1982 wrote: »

My 2 mobiles were sent via Royal Mail Special Delivery on 5th August and signed for by Denis on 6th August at 9.47am. Mind you looking at the signature online it looks nothing like Denis, whatever name was signed started with R.

It doesn't matter who signed for it so long as someone did.
Going off what you are saying if they received the phones on the 6th and they announced cease of trade on the 9th and you did not agree to the sale then they have to return the phones to you.

Eildor

Silk wrote: »

That is all that you would need to back up your emails and agreement that you would send the phone to them and you have a receipt for it being received ...the fact that it doesn't say what was in the parcel would not come into it.

It doesn't matter who signed for it so long as someone did.
Going off what you are saying if they received the phones on the 6th and they announced cease of trade on the 9th and you did not agree to the sale then they have to return the phones to you.

When does agreeing / disagreeing come into it? Once they test the phone as far as I am aware the deal is done since the price was agreed before you sent the phone off. You only have the option to reject the deal if they adjust how much they want to pay you; if you then refuse you get your phone back.

Is this not how it works?

Silk

Eildor wrote: »

When does agreeing / disagreeing come into it? Once they test the phone as far as I am aware the deal is done since the price was agreed before you sent the phone off. You only have the option to reject the deal if they adjust how much they want to pay you; if you then refuse you get your phone back.

Is this not how it works?

I've never dealt with them I assumed from other posts that you sent them a phone and they made you an offer ...either the price agreed/advertised or a reduced one ?
If you accepted it the phone was theirs and also if you didn't reply it was theirs (anyone know what time limit was put on this bit ???)

Either way it's basic contract law ...an offer has to be made and then accepted even if it's by default.

sampal

Actually,this site was actually recommended by a recycling mobile comparison site...............................

welshman1982

Silk wrote: »

if they received the phones on the 6th and they announced cease of trade on the 9th and you did not agree to the sale then they have to return the phones to you.

Would be nice if they did return the phones to me but from what Denis said earlier they'll be in a holding unit. How is access to items in the holding unit going to be gained?

Guys_Dad

welshman1982 wrote: »

Would be nice if they did return the phones to me but from what Denis said earlier they'll be in a holding unit. How is access to items in the holding unit going to be gained?

This is the sheer logisitcal and legal problem

From post #123
:

"Further to your message, any handsets received will be held at our business address along with many hundreds of handsets that will need to be sorted in due course. Our offices are currently closed and all of my staff have been laid off. Whilst I can understand your anger, I am unable to help with individual requests whilst we are looking at our finances and the stark choices for Earth Mobile, should we go into administration or not we will make every effort to return all handsets received after our ceased trading announcement. I am trying to save you a wasted journey as I will not be able to access the office, and will not be paying anybody on my doorstep. There will be a further statement in the next few days and would advise that you wait until its released. Russell Tilbury"

Then, from Dennis

"We are sympathetic to the situation customers of Earthmobile Ltd are in and have passed all detail we are able to Trading Standards. Legally we are potential creditors pending any administration or liquidation. We have no legal right at this time to enter the rented units or to permit entry by any 3rd party unless they are in possession of a court issued warrant"

Dennis has said that there may be a couple of unopened bags from the mail/carrier that are on the premises. I am sure that the administrator or whoever may find it easy to return these and i am sure that no MSE member would refuse to pay return postage under the circumstances.

But until Russell gets round to either appointing an administrator or Trading Standards etc step in, then as there is no one there to deal with it, you will need to wait.

I don't know what steps creditors can take to force matters faster but you can be sure of one thing - it will cost you more than the value of the phone if you involve lawyers unless you have a group action.

Silk

sampal wrote: »

Actually,this site was actually recommended by a recycling mobile comparison site...............................

I would imagine thats the case as they had a referral scheme so websites got a kick back for a sale etc

Silk

welshman1982 wrote: »

Would be nice if they did return the phones to me but from what Denis said earlier they'll be in a holding unit. How is access to items in the holding unit going to be gained?

In your case the phones will have to be returned to you because you still own them.
You can't get access without a court order which means you are in the hands of Russell untill someone is appointed.
Untill someone is appointed he cannot conduct any new business such as buying or selling anything belonging to the company.
He can however in the process of winding up the company return any items of stock or machinary that does not belong to the company.
You are going to be in a better position than most because of the timing of your delivery to him.
I would imagine it will be about 2 years at least before any of the creditors receive anything but your should be a simple case of return.
Should you not get the phones returned and you were to find out he had disposed of them then that would be good news for everyone because he would have broken the law and left himself wide open for everyone to claim

welshman1982

So its a case of good news bad news. Good news I still own the phones and should see them returned, bad news I'm in the same boat as everyone else waiting to see/hear what happens next.

hlutter

Hi,

I sent a iPhone 3G via special delivery to this storage unit for Earth Mobile. This was recorded as received on the 9th August signed by "Dennis". I can prove this as I have the royal mail tracking number.

So in reply to the earlier quote from Dennis, why was my phone accepted on the 9th August, 3 days after Earth Mobile notified you that they had ceased trading?

If anyone has any advice on my situation i would appreciate it. I am in the pot of people that technically still own their phones as they either sent them after the ceased trading notification or never received an offer for the phone.