Is mobiles.co.uk in liquidation?

Jakemaxcat

Is mobiles.co.uk in liquidation?

A couple of days ago I ordered a phone contract from mobiles.co.uk (Company No. 06320783). Since then I have become aware that mobiles.co.uk (according to Companies House website) are in Liquidation. As I had cashback as my "free gift", if the company goes out of business I will not be able to claim cashback from a company that no longer trades, but I will be left with an expensive phone contract for the full length of my contract.

Even though mobiles.co.uk is part of Car Phone Warehouse (which trades under a different company number), I'm not sure if it will continue to pay any of mobiles.co.uk's debts if it stops trading.

As I haven't even received the phone yet, I contacted mobiles.co.uk to say that I am now aware of the above information and want to cancel under the distance selling rules. I was told that the Companies House website was wrong and that they are not in Liquidation (I would love to believe them). I said that when DHL deliver the phone, I won't sign for it as I have already requested the cancellation. I was told that as it was already with DHL I would have to accept it and return it at my expense (£5.50). If I didn't sign for it and DHL didn't return it to them within 7 days, then I would be liable for the phone and all payments for the duration of the contract.

I have a few questions, which I hope someone can answer :-

1) Does anyone know if mobiles.co.uk are really in liquidation?
2) Should I accept and sign for the package when DHL deliver then send it back at my expense, or refuse to sign for it ?
3) What is the best/safest/legal way of getting out of this contract ?
4) Can mobiles.co.uk really start charging me for a contract if I haven't received/accepted the phone?
5) Would Car Phone Warehouse have any legal/financial responsibility if mobiles.co.uk does go out of business?
6) Am I liable for the return costs of the phone if I wasn't made aware at the time of purchase that the company could be in liquidation and that my cashback was unlikely to get paid?

Silk

Jakemaxcat wrote: »

1) Does anyone know if mobiles.co.uk are really in liquidation?
2) Should I accept and sign for the package when DHL deliver then send it back at my expense, or refuse to sign for it ?
3) What is the best/safest/legal way of getting out of this contract ?
4) Can mobiles.co.uk really start charging me for a contract if I haven't received/accepted the phone?
5) Would Car Phone Warehouse have any legal/financial responsibility if mobiles.co.uk does go out of business?
6) Am I liable for the return costs of the phone if I wasn't made aware at the time of purchase that the company could be in liquidation and that my cashback was unlikely to get paid?

1/ Yes they are but was because of reorganisation from earlier last year
2/ I would, and hold it for collection by mobiles.co.uk
3/ Under DSR's you can cancel withingn 7 working days following delivery do it by email and by recorded post
4/ They do although they shouldn't
5/ Interestingly when I looked at their reorganisation quickly last year I thought it might have been seperated for selling out but who's to know what might happen
6 No costs are down to them so just tell them to arrange collection

Silk

Jakemaxcat wrote: »

I contacted mobiles.co.uk to say that I am now aware of the above information and want to cancel under the distance selling rules. I was told that the Companies House website was wrong and that they are not in Liquidation (I would love to believe them).

It's documented here ....
http://www.london-gazette.co.uk/issu...biles.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.

Exhortation

It looks like a tidying up of business to me. I think what has happened is that the directors have brought all the private limited companies under the umbrella of the PLC (which is registered at the same address) and that it is nothing more sinister than that. You could always try emailing the address listed if you wanted to be sure, though.

mobilejunkie

Ignore it. This crops up regularly with several cpw companies. A complete red herring.

Buzby

I certainly would not accept the handset if DHL deliver it, as you then have to pay for its return (which you will be liable for under DSR).

They are telling porkies - what you never got, cannot be charged to you. Next time, don't buy from firms that lie.

Silk

Buzby wrote: »

I certainly would not accept the handset if DHL deliver it, as you then have to pay for its return (which you will be liable for under DSR).

Hi Buzby,
No that could be fatal if it goes missing in the returns process with failure to deliver.
Far better to keep control of the situation and keep it where you know where it is.
You don't have to pay for the reurn at all, the cost is down to the supplier under DSR's, they will arrange collection but you have to push them for it

Snakeeyes21

Silk wrote: »

Hi Buzby,
No that could be fatal if it goes missing in the returns process with failure to deliver.
Far better to keep control of the situation and keep it where you know where it is.
You don't have to pay for the reurn at all, the cost is down to the supplier under DSR's, they will arrange collection but you have to push them for it[/QUOTE]

Thats only the case if they dont state that the return postage is at the buyers expense.

Im sure a CPW company will have this in their T&C somewhere.

Silk

Snakeeyes21 wrote: »

Thats only the case if they dont state that the return postage is at the buyers expense.

Im sure a CPW company will have this in their T&C somewhere.

Thats very true if it is in writing in a contract that you have received , whether it is or not with them I don't know ?

Wintermute

Silk wrote: »

Hi Buzby,
No that could be fatal if it goes missing in the returns process with failure to deliver.
Far better to keep control of the situation and keep it where you know where it is.
You don't have to pay for the reurn at all, the cost is down to the supplier under DSR's, they will arrange collection but you have to push them for it

If you refuse delivery then it'll returned back to mobiles.co.uk, if it goes missing while being returned it'll be no different from it going missing in transit as the OP will never have been in possession of the phone.

Under the DSR you're liable for returning the item as long as it's mentioned somewhere on their site, but they have to give you a full refund including delivery they charged you (not any delivery you paid to return the item).

Wintermute

I'm not sure how much of the DSR actually applies to mobile phone contracts, but the following is taken from http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf ;

Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.