mobiles.co.uk messed up O2 upgrade & 7 mths later won't pay cashback

grumbler

I think you have to clarify, that it's the total cashback, not the airtime contract total price.

Silk

grumbler wrote: »

I think you have to clarify, that it's the total cashback, not the airtime contract total price.

Yep,
Sorry thats what I meant ...plus expences and interest of course :rotfl::rotfl::rotfl:

chrisbell_2

Thanks Grumbler:

Is the LBA different to Silk's suggested ultimatum? And does it have to be served in a specific way, sorry if that's a question I should know the answer to.

Hi Chris,
Because you don't wish to be in the position in another 6 months and have to sue again and they are denying liability for total claim rather than just 6 months

So does this mean sue for the total cashback, ie £450, rather than the total cost of the contract i.e. approx £720?

Quentin

You can only sue for the money they contracted to pay you. (Plus any other (proveable) expense their breaking the contract has put you to)

Silk

chrisbell wrote: »

Thanks Grumbler:

Is the LBA different to Silk's suggested ultimatum? And does it have to be served in a specific way, sorry if that's a question I should know the answer to.

So does this mean sue for the total cashback, ie £450, rather than the total cost of the contract i.e. approx £720?

Hi Chris,
It counts these days as any form of durable media ..so email will do but it would be best to send a paper copy too by Recorded snail mail ....but you can start from the date on email.

It's the £450ish you claim for ie what you are owed by them...plus X's and interest

Quentin

Silk wrote: »

It's the £450ish you claim for ie what you are owed by them...plus X's and interest

Although you can certainly claim interest on any late payment, you cannot claim interest on any of the remaining part of the £450 you are claiming (due to the breach of contract) but which is not yet due to be paid under the terms of the original contract.

chrisbell_2

Thanks everyone,

that's really helpful, even though it confirms that I really don't have any option but to sue.

Has anyone got any experience of whether CPW/mobiles.co.uk contest small claims actions or not?

Quentin

CPW companies generally play a game (though it all depends on the validity of individual claims):

They will defend the claim via their retained solicitor (using the system to buy time), whilst at the same time try and get you to accept an offer (and reinstate the contract) by direct contact.

Silk

chrisbell wrote: »

Thanks everyone,

that's really helpful, even though it confirms that I really don't have any option but to sue.

Has anyone got any experience of whether CPW/mobiles.co.uk contest small claims actions or not?

They start off all mouth and trousers and usualy fold at the last minute and settle ...they pride themselves about not being taken to court ..although loads do :rotfl::rotfl::rotfl:

chrisbell_2

Thanks

They claim that the account was opened by O2 and that they didn't receive any commission as a result. Do I need to prove that they did receive a commission or do I simply need to demonstrate that I have a contract with them and have fulfilled my obligations?