Small claims court - last resort - is it a good idea?

ally18

Hi,
I have explained my situation before as I am still waiting for cashback to be paid from a mobile phone contract taken out in Sept. I should have recd the £155 in October but the company appear to be fobbing me off, so far technical difficulties stopped the cheque from being issued then they say I have had two cheques issued but both have mysteriously not arrived.

I am now completely fed up with dealing with this company (Beepy Mobiles) and wondered if I could try and get my money through the small claims court. I have not done this before so wondered if anyone had any advice, would it be possible etc?

£155 is still a large amount of money to me and I don't want to lose it, in fact why should I when it was part of their mobile deal!!!!!!!!

Thanks for any help you can give.

robt_2

Have you sent them a Letter Before Action?

ally18

I don't know if I termed it correctly but I have sent an email requesting the matter be dealt with within 7 days to their care team.

Their response was to say another cheque was in the post, so I decided to wait again but that was 11 days ago and nothing.

I have prepared a letter to send to the MD of Beepy Mobile and their parent company. Should these now be the LoA?

nickmack

ally18 wrote: »

I don't know if I termed it correctly but I have sent an email requesting the matter be dealt with within 7 days to their care team.

Their response was to say another cheque was in the post, so I decided to wait again but that was 11 days ago and nothing.

I have prepared a letter to send to the MD of Beepy Mobile and their parent company. Should these now be the LoA?

You need to make it clear to them you are about to instigate court proceedings.

If you haven't done so, write to their registered address and tell them what you are expecting from them and give them 14 days to provide it.

State that if this is not forthcoming, you will begin legal proceedings without further notice.

Title the correspondence 'LETTER BEFORE ACTION'

Guys_Dad

Also keep your eye via Google on the state of the company. You may win your claim - in fact if you have emails or letters claiming that the cheque has been sent, I would place money on you winning, but if the company goes to the wall, then you won't get your cashback.

Read up on MCOL and see the various stages, but I would go for it. Also search web for a template LBA.

Good luck.

PNPSUKNET

It maybe the post, allow until after christmas as courts will see it possibly as a postal problem or ask them to send it recorded del

NeverInDebt

You must send them a letter warning of court action I am currently taking someone to court

send it recorded delivery and marked

[FONT=&quot]Notice of intent to proceed to Small Claims Court

[/FONT][FONT=&quot]By the way in my own experience taking someone to court is a pig[/FONT][FONT=&quot]


[/FONT]

gjchester

Guys_Dad wrote: »

Also keep your eye via Google on the state of the company. You may win your claim - in fact if you have emails or letters claiming that the cheque has been sent, I would place money on you winning, but if the company goes to the wall, then you won't get your cashback.

This is probably the most important bit of the post.

Phonebox Direct, Excel Communications Cool New Mobiles and Earth Mobile are examples where payouts slowed and got delayed before they went into administration.


See http://www.moneysavingexpert.com/phones/coolnewmobile-phoneboxdirect-help
I hope it's simply a xmas slow down but I fear thats another mobile co going to the wall as they can't make the payments.