Earth Mobile Ceased Trading can anyone help

TradingStandardsRBWMonly

Eildor wrote: »

EM are still trading... how can I contact EM to ask them for my money then?

Hi

Well, as this is a Limited Company, protocol is to request it in writing, by sending it to the Registered Office. A consumer advisor would tell you to keep a copy of your letter, send it recorded delivery, and put in a time limit for a response (so that it does not simply drag on indeterminately). This would enable you to show a County Court that pre-action protocol had been complied with, if you later end up at Court to seek judgement on the breach of contract.

- Rob

coppers459

Hi Rob,

I sent you an email to your work, not sure if you received it as I did not want to ring you. Can you confirm you received it.

Kind Regards

Steve Gullen

TradingStandardsRBWMonly

coppers459 wrote: »

Hi Rob,

I sent you an email to your work, not sure if you received it as I did not want to ring you. Can you confirm you received it.

Kind Regards

Steve Gullen

Hi Steve - I got your email on 16-11-10. With yours we do not have a great level of detail to be going on with, I will email you some ideas as to how we might better identify any as yours, in case we can improve the level of information on your record.

Kind regards
Rob

Surf007

Hi Rob,

I think by what everyone is saying you are trying you best.

I just feel completely let down. Earth Mobile is a company that is still trading. People have sent their phones in, in good faith that they will get paid for the property.

If Earth Mobile has received the phones, which i assume like me have got a email stating they have them. Then they have sold them on, they would have received the money for them. Why did they then not send to money to the relevant customer. It seems simple to me, receieve phone, sell phone, send money out.

It would seem to me that there might even be an offence committed under section 2 Fraud Act or section 10. Earth Mobile knew that they were in trouble and to still ask for mobile to be sent in and state that payments would be made, is enough. He made it clear that the phones would be paid for knowing that he could not. He still sold the phones and then kept the money.

Just an idea

Eildor

Rob, since EM are still trading shouldn't TS be pressuring them to pay those who have sent their phones off to them? Have you spoken to EM and told them that they are obliged to keep to their contract? What has their response been?

Thanks

TradingStandardsRBWMonly

Surf007 wrote: »

It seems simple to me, receieve phone, sell phone, send money out.

If only all businesses made sure they had the money and sufficient stock before concluding a contract, but I don't think business economics works like that. Yours is a slightly simplistic view of how such a business would run, however I see your point. What a business like this should ensure is that there is always sufficient cash flow, so there is sufficient income to pay the customers. This can go wrong for a number of reasons, not having steady sales for instance - if it peaks and troughs, if some stock was overvalued at time of purchase and lower value at time of sale, if the stock value changes over time (which iphones certainly could do). It is often the cash flow that goes wrong causing businesses to go down - it was the same with Woolworths, despite being a good business they couldn't get the money in quickly enough to pay suppliers, so suppliers stopped deliveries. Additionally stock control problems can cripple a business, and it is no coincidence that the release of the new i-phone saw hundreds of people simultaneously offloading their earlier model whilst it still had considerable value.

Thanks for your views on the Fraud Act, it would of course be inappropriate for me to discuss any matters relating to our law enforcement function on a public forum relating to an ongoing case.

All the best - Rob

TradingStandardsRBWMonly

Eildor wrote: »

Rob, since EM are still trading shouldn't TS be pressuring them to pay those who have sent their phones off to them? Have you spoken to EM and told them that they are obliged to keep to their contract? What has their response been?

Thanks

Our involvement at this time is all about ensuring that EM honour their contractual obligations as best as they can, i.e. to compensate people or seek restitution and send phones back. As soon as customers started reporting problems with EM I made contact and held a series of meetings with them. EM maintain regular dialogue with me and are well aware of their obligations. It is for them to make a public statement if they chose to, rather than for me to give a second-hand version of their views on this. My own personal view on this is that EM did not want to find themselves in this difficult position, lacking income and sorting out the problems and would much rather be still trading at full pelt. To their credit, they have not tried to run away from it, but have continued to make reasonable efforts to sort through the stock and resolve what they can. I know it is inevitable that there will be some losers in this, and not everyone will get their phone back, or a level of compensation that is adequate and I feel genuinely sorry for those people. It has been worth spending some time on trying to get people their phones back, because there are hundreds of people that have been happy with that.

All the best.
- Rob

Eildor

Sorry Rob, I don't quite understand. You have said that EM have not gone into administration and are trading as we speak, how then can they not pay us what we are owed?

If I want to send them a recorded delivery, what address should I use? I've tried e-mailing them numerous times, but of course, being the honest company they are they haven't replied. Clearly they have no intention whatsoever of putting things right regardless of what they have told you. If they want to continue trading then they should at least intend to pay what they owe even if it takes some months. You have said that they own some stock, why then aren't they selling that stock and paying us what they owe?

TradingStandardsRBWMonly

Eildor wrote: »

Sorry Rob, I don't quite understand. You have said that EM have not gone into administration and are trading as we speak, how then can they not pay us what we are owed?

If I want to send them a recorded delivery, what address should I use? I've tried e-mailing them numerous times, but of course, being the honest company they are they haven't replied. Clearly they have no intention whatsoever of putting things right regardless of what they have told you. If they want to continue trading then they should at least intend to pay what they owe even if it takes some months. You have said that they own some stock, why then aren't they selling that stock and paying us what they owe?

Hi

EM have had some cashflow, stock control and administrative difficulties this is why they cannot simply pay everyone the amounts initially contracted for.

You send any recorded delivery correspondence to the registered office address: Earth Mobile Ltd, 141 Dedworth Road, Windsor, Berkshire SL4 5BB.

I hope this is helpful to you.

Kind regards
Rob

Eildor

Can you advise me on what to write in the letter? Is there a template or something perhaps? Are you able to assist me with this or should I send another e-mail to CD?

Thank you for your help, much appreciated.

Eildor