Small Claims Court - Mobiles.co.uk

Aginoth

I am in the unfortunate, but not totally unexpected, position of having to sue Mobiles.co.uk

I need a postal address for them to enter on moneyclaim so they can be served.

The only address I can come up with is:

Mobiles.co.uk
6 Greenhill Crescent
Watford Business Park
Watford
WD18 8RF

Is this there premises or is it one of the many sub offices of their parent company Carphone Warehouse?

Oh and for info having to sue them because they are refusing to provide me with a Statutory Refund for Faulty Goods under SOGA 1979 Section 54, and denying there responsibilty to collect delivered faulty goods for return (para 36 of SOGA 1979 Section 54)

It's pretty cut and dried that they owe me the money but they just keep sending me the company line of "Our Policy is to Exchange within 28 days" or "after 28 days if a fault develops we'll repair" not at all grasping that this is a manufacturing fault, and the goods were not fit for purpose, phone was turned on once and at first use fault was immediately apparent, Mobiles.co.uk were informed of rejection of goods.

anyway...they have until the end of today to answer me or the papers go in


Edit...
Their "refund policy statement" as referenced in their Terms and Conditions of Sale makes interesting reading neither the Refund Policy Statement nor the Terms and Conditions of Sale make any reference to SOGA1979

mobilejunkie

Before instigating a claim you need to send a formal Letter Before Action. That should also go to the registered office; it should be found somewhere on their website, possibly in any "about us" section (haven't got time to look right now). Send to it cpw's proper name, "T/A Mobiles.co.uk". Make sure the letter includes a set time for them to put things right and clearly states that you sill issue procedings immediately after that if they do not, including at that point court and incidental expenses plus statutory interest. The LBA doesn't need to go recorded.

Aginoth

mobilejunkie wrote: »

Before instigating a claim you need to send a formal Letter Before Action. That should also go to the registered office; it should be found somewhere on their website, possibly in any "about us" section (haven't got time to look right now). Send to it cpw's proper name, "T/A Mobiles.co.uk". Make sure the letter includes a set time for them to put things right and clearly states that you sill issue procedings immediately after that if they do not, including at that point court and incidental expenses plus statutory interest. The LBA doesn't need to go recorded.

Already done. an emailed notice before action is legally acceptable, and I have the delivery and read receipts just in case

plus they replied to it with the same banal unenforcable nonsence

will be sending a formal letter covering the communications so far to them tomorrow for clarity and completeness

Guys_Dad

Interesting topic, but have you a few more details such as dates/times etc.?

From what you write, it appears that you detected that the handset was faulty on day 1 and they refused to replace it under DSR within the first 7 days???

A bit more information would be welcome.

mobilejunkie

Aginoth wrote: »

Already done. an emailed notice before action is legally acceptable, and I have the delivery and read receipts just in case

plus they replied to it with the same banal unenforcable nonsence

will be sending a formal letter covering the communications so far to them tomorrow for clarity and completeness

As far as I am aware the LBA should be by letter. What's your source for an emailed LBA being acceptable?

Aginoth

Guys Dad...bit more info...

handset was purchased mid-November, too good a price to miss. and was not opened until 25th Dec (By my Mother in Law of all people !!!)

Contacted Manufacturer Helpline on 27th Dec when it opened, informed was manufacturing fault (with no solution), they informed me to return to retailer as faulty and not fit for purpose.

Tried to call mobiles.co.uk but they were closed until new year for customer enquiries.

emailed first contact with mobiles.co.uk on 1st Jan to Customer services, been playing email tennis since then.

In the meantime have purchased different handset to replace gift, so don't need faulty one replace so going for statutory right to refund.

MobileJunkie.....From the legal profession (in which my wife works) many large law firms are now paperless and serve much of there legal papers by email. emails are as enforceable as a letter, have been for many years, you can be served nearly any legal document by email. There are a very few legal papers that have to be served in paper or parchment and signed witnessed in ink.

As long as you have proof of delivery, such as smtp routing certificate, delivery receipt, read receipt or a bog standard reply the communication is legally served in the majority of case.

As a letter Before Action doesn't require an acknowledgement it matters not one jot how it is served, but as always always better to have proof; as I said electronic receipts are good enough.

As an Aside since last year it has been legal (and tested in court) that you can be served by facebook.

Guys_Dad

Aginoth wrote: »

Guys Dad...bit more info...

handset was purchased mid-November, too good a price to miss. and was not opened until 25th Dec (By my Mother in Law of all people !!!)

Contacted Manufacturer Helpline on 27th Dec when it opened, informed was manufacturing fault (with no solution), they informed me to return to retailer as faulty and not fit for purpose.

Tried to call mobiles.co.uk but they were closed until new year for customer enquiries.

emailed first contact with mobiles.co.uk on 1st Jan to Customer services, been playing email tennis since then.

In the meantime have purchased different handset to replace gift, so don't need faulty one replace so going for statutory right to refund.

MobileJunkie.....From the legal profession (in which my wife works) many large law firms are now paperless and serve much of there legal papers by email. emails are as enforceable as a letter, have been for many years, you can be served nearly any legal document by email. There are a very few legal papers that have to be served in paper or parchment and signed witnessed in ink.

As long as you have proof of delivery, such as smtp routing certificate, delivery receipt, read receipt or a bog standard reply the communication is legally served in the majority of case.

As a letter Before Action doesn't require an acknowledgement it matters not one jot how it is served, but as always always better to have proof; as I said electronic receipts are good enough.

As an Aside since last year it has been legal (and tested in court) that you can be served by facebook.

Regrettably, it may not be quite as simple as you think.

First of all - was the handset acquired as part of an air time contract or bought as either PAYG or sim-free? If it was PAYG/sim free, then things are clearer and you can reject it under SOGA as you say - once the reseller has had a chance to check that this is indeed the case and not just a customer changing their mind.

7-day examination under DSR doesn't apply in your case as it was over a month between purchase and inspection.

However, if it was bought as part of an airtime contract, then that is another can of worms altogether. Perhaps you could answer that point before any more speculation?

Thanks.

Bikertov

Aginoth wrote: »

I am in the unfortunate, but not totally unexpected, position of having to sue Mobiles.co.uk

I need a postal address for them to enter on moneyclaim so they can be served.

The only address I can come up with is:

Mobiles.co.uk
6 Greenhill Crescent
Watford Business Park
Watford
WD18 8RF

From their website, their address is given as:

Mobiles.co.uk is a trading division of Carphone Warehouse Limited registered in England
Registered number: 06320783
Registered office: 1 Portal Way, London, W3 6RS

That is where you can serve legal notices etc.

Aginoth

Guys Dad

It's Sim Free, hence indeed why I can reject it under SOGA shame that doesn't apply to the Mother in Law ;D

Guys_Dad

Aginoth wrote: »

Guys Dad

It's Sim Free, hence indeed why I can reject it under SOGA shame that doesn't apply to the Mother in Law ;D

Good. That's simpler then. No complications with an airtime contract to cloud the issue.

A favourite website of mine says about DSR

"Faulty goods
The consumer is protected under the regulations within the cooling off period. Once the period has expired, the Sale of Goods Act 1979 then protects the consumer. Under the Sale of Goods Act 1979, the goods must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

If the goods are faulty, the consumer can ask either for a refund, or for the goods to be repaired or replaced at no cost to them, or for compensation."

I suspect that, as most of their business is contract-linked, the CS rep is not trained in the SOGA and that they will offer settlement before it gets to court when the legal team get involved.

Good luck. :beer:

Silk

Bikertov wrote: »

From their website, their address is given as:

Mobiles.co.uk is a trading division of Carphone Warehouse Limited registered in England
Registered number: 06320783
Registered office: 1 Portal Way, London, W3 6RS

That is where you can serve legal notices etc.

Sorry to say that one was wound up on 17th Dec 2010

The Liquidators were Campbell, Crossley & Davis, they wound up Geek Squad and Fresh at the same time

Link for those interested http://www.london-gazette.co.uk/issues/59642/notices/1270243/all=%22mobiles.co.uk%22

Date:23 December 2010 Issue Number:59642 Page number:24607 Publication Date: Thursday, 23 December 2010
Notice Code: 2431
Resolutions for Winding-up
FRESH TELECOM LIMITED
(Company Number 03843665)
(formerly Value Telecom Limited)


MOBILES.CO.UK LIMITED
(Company Number 06320783)
(formerly Meaujo (736) Limited)


GEEK SQUAD UK LIMITED
(Company Number 06032807)
(formerly CPWCO 10 Limited)
(All of) 348/350 Lytham Road, Blackpool, Lancashire, FY4 1DW
(All of) 1 Portal Way, London, W3 6RS


At general meetings of the above named Companies, duly convened and held at 1 Portal Way, London, W3 6RS, on 09 December 2010, the following Resolutions were duly passed:
“That the Companies be wound up voluntarily and that Ian Williamson, of Campbell, Crossley & Davis, 348/350 Lytham Road, Blackpool, Lancashire, FY4 1DW, (IP No: 8013), be and is hereby appointed the Liquidator of the Companies for the purposes of such winding-up.”
Further details contact: Ian Williamson Tel: 01253 349331, Email: [EMAIL="r.ianwilliamson@crossleyd.co.uk"]r.ianwilliamson@crossleyd.co.uk[/EMAIL]

Fiona Catherine Bembridge, Director



17 December 2010.