Earth Mobile Ceased Trading can anyone help

Guys_Dad

I agree with the last paragraph.

Still think it could be a long haul trying to move liability to Russell personally, though. But, we shall have to see.

On the point of Eidor going down county Court route, I think it's good money after bad at this point in time, but what do you think?

Silk

Guys_Dad wrote: »

On the point of Eidor going down county Court route, I think it's good money after bad at this point in time, but what do you think?

I think it depends on whats sums are involved ...If it was £30 or so I would probably wipe my mouth and walk away but if it was £100 or over I would be tempted to go ahead

It's a waste of time going for the company as it would be fruitless.

The case against Russell is airtight and easy enough to prove all that would be needed is a snapshot of the declaration of cease of trading and a statement or two from customers who have since received their phones back.

I think though that if someone was thinking of doing it then it needs doing sooner rather than later because the big fish will be circling by now and lining up to take their bite.

The problems when an individual issues against a company in trouble is that you get shoved to the back of the que behind the big boys ...whereas against another individual it's first come first served unless of course he goes for bankruptcy

Guys_Dad

Just been reading back through the thread and particularly at the 2 or 2 posts by Rob starting at #233.

I can't see where they said they were ceasing to trade and, in fact, that they wanted to go on trading. Certainly a big creditor would kybosh that, but if Rob is right and Russell had a duty to try to settle with customers "

As I see it, while Earth Mobile (EM) are still trading, they must meet their contractual obligations and pay people for phones sent in. This is why we have asked them to with either pay people, or where that is not possible to compensate them (by sending the phone back). This has been the best possible outcome from a bad situation. It is still not ideal because many have been without phones for a long time now, and may have suffered additional expenses wher

e they were reliant on the payment coming through from Earth Mobile."

..............then it seems he would be damned if he did and damned if he didn't.

But when did they cease trading as a company? And by that I don't mean stopped taking in phones.

(I know that Directors have a duty to cease trading when they find that financial matters are out of hand, but defining that that point is very difficult to prove. )

Silk

Guys_Dad wrote: »

But when did they cease trading as a company? And by that I don't mean stopped taking in phones.

(I know that Directors have a duty to cease trading when they find that financial matters are out of hand, but defining that that point is very difficult to prove. )

Hi GD,
They anounced they ceased trading on the 9/08/2010 from that date the duty of care in the winding up procedure starts,
The only buisiness they can carry on with is for the pupose of winding up ie paying debts, returning hired stuff, cancelling orders etc etc etc.
The company will still exist of sorts untill all final debts have been settled and corporation tax etc etc has been paid but a certain amount of this depends on whether it's members winding up or creditors or compulsary etc



I think what Rob was getting at was that they had not informed any of the official bodies etc. However making a public statement on their website is enough notice for the general individual.

I have to say I think that Rob's contributions on here have been an excellant asset to those who have been taken by the company and he has gone far beyond his call of duty ...Well done Rob

Eildor

Silk wrote: »

I think it depends on whats sums are involved ...If it was £30 or so I would probably wipe my mouth and walk away but if it was £100 or over I would be tempted to go ahead

I was originally owed £93.50. It's not a large sum, and I wont miss it... I just don't feel as if people like Russell should be able to get away with taking peoples money and not even making the effort to rectify the situation.

Silk

Eildor wrote: »

I was originally owed £93.50. It's not a large sum, and I wont miss it... I just don't feel as if people like Russell should be able to get away with taking peoples money and not even making the effort to rectify the situation.

Well by the time interest and ex's are added it would take it well over the £100 I would probably go for it too
Keep us posted how you go on

LittleMe25

I was originally taken for £300+ when I sent my phones in July 2010. Although Trading Standards have tried to retrieve these there has been little success. Now that TS are no longer able to access the phones stock, how am I able to check if the phone is even still with Earth Mobile or if they have sold it in which case how do I log a claim for the money back - this is a considerable amount and would like to get it back!

Laubirch

Silk wrote: »

Well by the time interest and ex's are added it would take it well over the £100 I would probably go for it too
Keep us posted how you go on

They stung me at the beginning of July for £96.50 which is a considerable amount to me at this time!!
Rob has suggested we all form a 'class action' and work together to get our money back, I am more than willing to go down this route with others.
Seeing as Russell doesn't even show willingness to answer any letters or emails regarding our phones why should we let him of this!!!
Personally i feel robbed by EM, weeks before i sent in my phone my handset was around the £85 mark, when i sent it in it had risen to £96.50. Then dozens of phone calls, each stating my cheque was in the post or it must be lost in the post ill send out a new one, then comes weeks of no answering any phones, emails or letters then Russell left a nice message on the website to say it had ceased trading!! No personal email, letter or anything, he's truely ripped us right off, these are not the actions of a man who cares about his customers, i feel he has done it on purpose to pay off the debts that could damage him with no consideration for any of us that he's conned. He knew when he accepted our phones that he could'nt pay for them so why take them!!!!

Any of you interested in taking action against this man as a team???

P1calicious

I have been on to Trading Standards about this since Aug last year & I was owed nearly £500 for 2 iPhones so needless to say I have been furious. I have sent so many pieces of paper I finally gave up
Very frustrating!

skinfreak

Having just checked Companies House, EM Ltd are still trading or at least registered as Active. What the hell is going on? Are they an ongoing concern or not?