Anyone done a LBA and followed it up?

ianG

Hi, I am seeking action against intomobilephones.co.uk who have a redemption plan that has paid out in dribs and drabs over the 18 month contract. I am now pursuing the second last payment (that was due in June), sent emails, sent a LBA a week back but with zilch response.

In the past when they were late a call or email did get things moving but this situation with no acknowledgement makes me want to get my money that is owed. I have followed the rules, used Recorded signed for tracking for all correspondence and kept all the posting evidence.

So, has anyone else gone to court (using Money Claim On Line - I've registered) and succeeded?

Thanks

Quentin

Yes.

Read up on fundamental breach of contract, and claim for this. Ask for the full amount outstanding on the deal, not just the late payment, and also ask for interest on the late payment.

(Remember winning in court is an expensive victory if the defendant cannot pay - do your checks before spending any money on a court claim)

ianG

Quentin wrote: »

Yes.

Read up on fundamental breach of contract, and claim for this. Ask for the full amount outstanding on the deal, not just the late payment, and also ask for interest on the late payment.

(Remember winning in court is an expensive victory if the defendant cannot pay - do your checks before spending any money on a court claim)

Thanks, so by doing checks do you mean about their ability to pay at all? Are they bankrupt etc?

Guys_Dad

Quentin wrote: »

Yes.
(Remember winning in court is an expensive victory if the defendant cannot pay - do your checks before spending any money on a court claim)

I would agree with this last point. I have twice been to the small claims court - once on behalf of a friend - won both times but the other parties have simply fled. Bailiffs can be a waste of time too as they don't seem to be to proactive in my experience.

But in the context of mobile companies, as long as they are solvent - go for it.

Quentin

ianG wrote: »

Thanks, so by doing checks do you mean about their ability to pay at all? Are they bankrupt etc?

Yes .

Buzby

Since the cost of recovery will we way more than the benefit you will be pursuing, the pragmatic approach is to learn and move on. The industry is rife with tales of non-performing cash back schemes, and even if you are in the right, if they DO defend, will point to some minor transgression on your side invalidating the claim, and pursue you for their costs.

I'd not bother.

mobilejunkie

Nonsense. Provided you have (and can prove it) done everything correctly AND they don't go bust you will win - and the only costs would be the court fees, which you will also recover (plus statutory interest). Anyone letting a (solvent) company get away with not paying is a real mug and shouldn't be touching cashback contracts with a bargepole.

J_B

L B A :undecided

Leeds Bradford Airport maybe?????????????

Guys_Dad

There is a fair bit on the web about this mob - including https://forums.moneysavingexpert.com/discussion/2699567

Not a lot of it is flattering either.

Hindsight, but always do a Google search on any company you intend to do remote business with.

Guys_Dad

J_B wrote: »

L B A :undecided

Leeds Bradford Airport maybe?????????????

Most suitable for the fly-by-nights.

Quentin

Buzby wrote: »

Since the cost of recovery will we way more than the benefit you will be pursuing, the pragmatic approach is to learn and move on........

This is ill informed advice, and should be ignored.

Assuming the defendant is a "won't pay", rather than a "can't pay", then the cost of recovery will be paid by the defendant.

And if you sue for fundamental breach, then the "recovery" could run to £100s, depending on the deal, and how long it has been running.

There is no need to put down breaches like this to experience and move on.

Cashback is a game that has rules, and as long as you stick to the rules, the defendant cannot simply win by pointing out a "transgression", as you will be able to show there have been none!

In short ignore this "advice".