Taking mobiles.co.uk to court for non payment of cashback

uranian

So unfortunately I didn't read all the horror stories about mobiles.co.uk never paying cashback a year ago when I took out 2 contracts with them. The deal was 15 months free line rental @£15 per month, claiming months 6, 9, 12, 15 & 18 on a 24 month contract, so total cashback should be £450. Despite numerous emails and bills sent at requested dates, I've never seen anything other than an automated email response from them.

I'm reading about small claims court as the only real resolution to their theft, wondering if anyone knows if you win the case, do you get the court fees back? According to the court's website, it costs £45 to issue a claim, £50 for the hearing, so approaching £100 just to begin to get these b'stards to honour their contracts. Also wondering if anyone else has bothered to do this and how it's gone. It's not a huge amount of money but it !!!!es me :mad: off that should I break the contract, I'll get charged immediately/bad credit rating/etc., yet if they do the same, nothing happens until I bother my !!!! to go to court.

Should there be any helpful solicitor reading who might want to offer advice as to how to go about this (as I've never been to court), certainly appreciated, too.

Snakeeyes21

where do you get your figures from? itll only cost £35 to start a claim for that amount at https://www.moneyclaim.gov.uk you can add the claim cost on to the claimed amount.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf

chances are they will pay up as soon as they get the court papers.

Failing that its an easy process, just submit your evidence, recorded delivery of bills, emails etc etc they submit their defense if they have one, get issued a court date, they wont turn up, you win by default......

uranian

i'm not allowed to post links as a new user, but from the same site you linked to; second figure is if it goes to court.

i figure it likely they'll pay up if i do make the effort to even start the process, too. what i don't know is even if i win, can i claim the costs back of the court case (the second figure is what's charged for the hearing, if i understand it correctly) as well as the amount they've stolen?

rev_henry

Do it, don't worry about it. If you win (you should do) you'll get all your fees back, plus you might wanna add £50 compensation to the total claim. I have done this before, not to a company as big as CPW which mobiles.co.uk is part of, but a bunch of Indian shysters trading as Mobile Rainbow if anyone remembers. It made them pay up some of the money, before they disappeared off the face of the earth.
Anyway, my point is that someone as big as CPW cannot do that and cannot hide behind virtual offices where bailiffs cannot take stuff from. So you have every chance of success. As snakeeyes says, they'll probably pay up as soon as the papers come through, failing that they might try delaying tactics - waiting until the last min to submit defence, or just not replying so you win by default, but only after a month or so. If they do actually submit a defence the court date will be your local court, not theirs, so it will simply be easier and cheaper for them to just pay up and not turn up.

Lynsey

As long as you have done all as per the T&C's, just issue a LBA giving 7 days to pay (10 or 14 days if you want) before going via Moneyclaim Online.
If all is well at your end, it won't get to court - though you might have to initiate it (go through the motions).

Strangely enough, I've just submitted my 1st claim with these today - letter/bill should get there tomorrow. Once received they have 56 days to pay, or they get a LBA. Never ever allow any claim to go past 56 days (after receipt) before immediately chasing up.
I've been waiting long enough now to put in my 1st claim and it has the added complication of being a ported claim - but also has been acknowledged as being updated on my account.

Good luck, just be firm.

Lynsey

uranian

i'm assuming that none of Leeds Bradford Airport, logical block addressing or the London baptism association relate to the LBA you mention, Lynsey, but thanks for the advice anyway!

Lynsey

Sorry, I've used the term "LBA" so many times now and take it for granted.

LBA = Letter Before Action. This gives them a final chance to sort things as per the T&C's before action would commence. Just send it to the correct address and NOT Leeds Bradford Airport or anything else you may come up with.

Lynsey

owitemisermusa

Hmmm, uranian, read up lots! There's a lot of info about LBA and Moneyclaim on the forums.

mobilejunkie

Well now, everyone seems to think all you have to do is issue a LBA and then if needbe raise a claim and they'll pay. Although this CPW spin-off appears to react when threatened in that way I would NOT raise the claim unless you can PROVE that you DID comply with every part at the correct time AND that they RECEIVED your claims. I wouldn't advise anyone to sue UNLESS they can do all of that. Court costs will also be part of the claim as will statutory interest - BUT if you don't win you'll lose that too.

I am particularly concerned that someone has waited all this time, not done their research beforehand and is unclear about suing. IS the evidence unequivocal or merely your word that they have failed to honour the contract? If the evidence is as shoddy as the rest the risk is they won't pay. If the evidence is strong and clear in every respect - you sue, they lose (so they WILL pay up before it gets to court). This is the second occasion in a few days where people have recommended suing; I always do PROVIDED you have ALL your ducks in a row. You can't do that retrospectively; you must always work on the assumption that they will require you to sue FROM DAY ONE - not months later. It is my suspicion in this case that the evidence may not be so firm.

The fact this IS cpw is an advantage. They won't be able to disappear or ignore. That does not mean suing will produce the desired result unless you can prove everyhting properly to the satisfaction of the court (and to avoid going to court, to the satisfaction of CPW!).

rev_henry

mobilejunkie wrote: »

Well now, everyone seems to think all you have to do is issue a LBA and then if needbe raise a claim and they'll pay. Although this CPW spin-off appears to react when threatened in that way I would NOT raise the claim unless you can PROVE that you DID comply with every part at the correct time AND that they RECEIVED your claims. I wouldn't advise anyone to sue UNLESS they can do all of that. Court costs will also be part of the claim as will statutory interest - BUT if you don't win you'll lose that too.

I am particularly concerned that someone has waited all this time, not done their research beforehand and is unclear about suing. IS the evidence unequivocal or merely your word that they have failed to honour the contract? If the evidence is as shoddy as the rest the risk is they won't pay. If the evidence is strong and clear in every respect - you sue, they lose (so they WILL pay up before it gets to court). This is the second occasion in a few days where people have recommended suing; I always do PROVIDED you have ALL your ducks in a row. You can't do that retrospectively; you must always work on the assumption that they will require you to sue FROM DAY ONE - not months later. It is my suspicion in this case that the evidence may not be so firm.

The fact this IS cpw is an advantage. They won't be able to disappear or ignore. That does not mean suing will produce the desired result unless you can prove everyhting properly to the satisfaction of the court (and to avoid going to court, to the satisfaction of CPW!).

I quite agree with all this. You do have to get your house in perfect order before claiming through Moneyclaim.

TREVORCOLMAN

mobilejunkie wrote: »

Well now, everyone seems to think all you have to do is issue a LBA and then if needbe raise a claim and they'll pay. Although this CPW spin-off appears to react when threatened in that way I would NOT raise the claim unless you can PROVE that you DID comply with every part at the correct time AND that they RECEIVED your claims. I wouldn't advise anyone to sue UNLESS they can do all of that. Court costs will also be part of the claim as will statutory interest - BUT if you don't win you'll lose that too.

I am particularly concerned that someone has waited all this time, not done their research beforehand and is unclear about suing. IS the evidence unequivocal or merely your word that they have failed to honour the contract? If the evidence is as shoddy as the rest the risk is they won't pay. If the evidence is strong and clear in every respect - you sue, they lose (so they WILL pay up before it gets to court). This is the second occasion in a few days where people have recommended suing; I always do PROVIDED you have ALL your ducks in a row. You can't do that retrospectively; you must always work on the assumption that they will require you to sue FROM DAY ONE - not months later. It is my suspicion in this case that the evidence may not be so firm.

The fact this IS cpw is an advantage. They won't be able to disappear or ignore. That does not mean suing will produce the desired result unless you can prove everyhting properly to the satisfaction of the court (and to avoid going to court, to the satisfaction of CPW!).

Good advice from MJ as usual.

When suing you really need to attack each CB claim in turn, quickly.

IE conform with all the T&C and then if nothing LBA giving them notice, not wait until they all build up.

Then Claim (ie Moneyclaim online).

The OP does not look very efficient (ie now 1 year down the line?) You must be sure you have complied with everything before going down the LBA/Sue route.