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

Lynsey

mobilejunkie wrote: »

I am particularly concerned that someone has waited all this time,

This is what always amazes me as well. Issues need to be "nipped in the bud" ASAP - it's absolutely crazy to allow this to get as far as it has once a merchant has breached the T&C's.
Get angry and sort issues ONE day after a breach, not many, many months later.
Hopefully this member will eventually sort things, IF all is in order and has followed the T&C's correctly to the letter.

Lynsey

TREVORCOLMAN

Lynsey wrote: »

This is what always amazes me as well. Issues need to be "nipped in the bud" ASAP - it's absolutely crazy to allow this to get as far as it has once a merchant has breached the T&C's.
Get angry and sort issues ONE day after a breach, not many, many months later.
Hopefully this member will eventually sort things, IF all is in order and has followed the T&C's correctly to the letter.

Lynsey

It will of course be much harder because they have left it so long, even if they have followed the t&c to the letter.

Lynsey

TREVORCOLMAN wrote: »

It will of course be much harder because they have left it so long, even if they have followed the t&c to the letter.

Exactly - I hope the OP still has all the proof the correct bills were sent on time. The OP hasn't made it clear if the cashbacks had been confirmed.

Lynsey

martindow

rev_henry wrote: »

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.

Is this correct? I understood that the defendant could ask for the case to be moved to their local court.

mobilejunkie

They can ask, but actually it's usually the plaintiff who asks for it to be moved to their local court. Since the individual is suing a company that is usually granted. I might be wrong on this but think that's the way the on-line claim system works, although when I've taken companies to court through the old paper system you apply to your local court (on-line claims go to a central point and are allocated from there - I've only been involved in that system once and can't recall whether you had an initial choice for the hearing - it didn't get that far because the case was clear and easily proveable and, in case you're wondering, it WAS a cpw clone!).

As for ythe timescale; the only difficulty in that regard would be to actually organise and prove each and every breach as time fades. It's quite simple; if the prrof is clear a year has no bearing - but if the proof isn't quite irrefutable it won't have any bearing either but the result may not be the same!

TREVORCOLMAN

mobilejunkie wrote: »

They can ask, but actually it's usually the plaintiff who asks for it to be moved to their local court. Since the individual is suing a company that is usually granted. I might be wrong on this but think that's the way the on-line claim system works, although when I've taken companies to court through the old paper system you apply to your local court (on-line claims go to a central point and are allocated from there - I've only been involved in that system once and can't recall whether you had an initial choice for the hearing - it didn't get that far because the case was clear and easily proveable and, in case you're wondering, it WAS a cpw clone!).

As for ythe timescale; the only difficulty in that regard would be to actually organise and prove each and every breach as time fades. It's quite simple; if the prrof is clear a year has no bearing - but if the proof isn't quite irrefutable it won't have any bearing either but the result may not be the same!

All the ones I have done have automatically been directed to my Local Court. Never got to an appearance though.

mobilejunkie

Were they on-line claims or paper applications to your local County Court?

TREVORCOLMAN

mobilejunkie wrote: »

Were they on-line claims or paper applications to your local County Court?

On line but paper copies arrived thro post.

rev_henry

martindow wrote: »

Is this correct? I understood that the defendant could ask for the case to be moved to their local court.

I think they can, but they have to have a pretty good reason for it, they can't just request it for convenience. As its individual vs large company it will go to the claimant's local court.