Anyone done a LBA and followed it up?

ianG

Silk wrote: »

I suppose to get back to the OP's question "Anyone done a LBA and followed it up?"
The answer is everyone who has taken out a claim through the courts has followed it up
In order to make a claim you have to do a LBA in order to comply with Civil Procedure Pre-Action Protocol.

If it was me in the OP's situation providing I could prove the debt could be traced to Shebang I would follow it up without hesitation. Shebang are reputed to have something like £100m turnover

I would tend to agree with GD that it is fairly painless.
Having experiance of taking quite a number of companies to court, both in a business and private capacity over the years I've only had to attend court once (which was a waste of time as the debtors never turned so judgement was awarded anyway)

On a couple of occasions I've had to resort to further lengths to get paid, including one of which I had their bank account frozen (cost £100 but well worth it) we were paid 3 days later.

A trick I learnt many years ago was when possible send a copy of the LBA to the directors home address as well as the business address. This has the advantage of letting them know you are serious and that you know where they live and may also add some persuasion from the people they live with. Well worth the extra postal cost usualy.

Thanks again Silk. I should have sent that LBA to the directors. I had a dispute with Optical Express where they provided shoddy goods and charged over 300 quid. I dug out the MDs address (somewhere in Scotland as it happens) and demanded my money back. I did get there in the end so it can work without resort to the courts.

I am verging on the application to MCON just investigating the costs. I have a hard copy of the delivery confirmation with a signature from Royal Mail and they never replied or disputed my emails.

Guess I am good to go then!

mobilejunkie

Then you need to convince them that you ARE going to take action by sending the LBA. THAT just costs a stamp. I HAVE gone that far with Shebang (rather than the subsidiary who were making it impossible on DAY ONE to claim the cashback). I gave them the shortest possible (reasonable) time to comply hoping they wouldn't - but with just two days to go before I pressed the button they made me an offer I couldn't refuse and (throughout two contracts) I had no more real problems. However, my contact has now left and times change.

Silk

mobilejunkie wrote: »

Then you need to convince them that you ARE going to take action by sending the LBA. THAT just costs a stamp. .

Hi MJ,
The OP has already sent a LBA last week ...............

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

.

mobilejunkie

Then it depends solely on who to sue (I went for Shebang at the time rather than the subsidiary) and whether they are solvent. With the proof of delivery, the LBA done and nothing forthcoming that is the only action left. We are assuming the LBA was sent correctly and to the correct place. Depending on exactly what has happened to the dealer in terms of its owership, that could be Shebang or A1.

On the website now it says:-

"This website is owned and operated by; intomobilephones.co.uk, Shebang Technologies Group Ltd, Logistics House, Drayton Fields Industrial Estate, Sopwith Way, Daventry, Northamptonshire, NN11 8PB",

although on the "About us" page it's blank. Also, I think Intomobilephones was on TCB - it isn't any more.

Guys_Dad

Quentin wrote: »

Where do you draw that logic from?

It seems that with no experience of taking legal action to get money out of a mobile phone cashback company you tell us it will be a "pretty painless process", which you now say really means you are unlikely to have to attend court! Quantum leap or what? And glibly advise appointing bailiffs if you don't get paid after winning a judgement without mentioning the extra £100 in costs that would involve!

And the OP should be worried by subsequent info that has turned up in the thread.

Paying out for MCOL for this outfit seems dangerous!

You really are a venomous little gnome with a long memory aren't you?

See that bit in bold above? Allow me to re-post my first post again

Guys_Dad wrote: »

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.

I defy anyone with experience to disagree that, compared with any other court, MCOL/SCC is pretty painless.

And, thanks Silk, although in a mobile sub-forum, the question was Anyone done a LBA and followed it up? and I have.

Quentin

Guys_Dad wrote: »

.....You will then be able to claim the amount if the company is still in business. They will either pay up or you can appoint bailiffs to collect or seize goods.

It's a pretty painless process.

You seem to have forgotten that this was your "glib" advice to the OP regarding getting bailiffs involved!

And what's with the personal abuse? Totally unnecessary.

Guys_Dad

Quentin wrote: »

You seem to have forgotten that this was your "glib" advice to the OP regarding getting bailiffs involved!

And what's with the personal abuse? Totally unnecessary.

Clearly you can not tell the difference between "advice" and factual information. I did not advise OP to appoint bailiffs, simply stated - and quite correctly - that "if the company is still in business" and decided not to pay, then (in line with direct.gov.uk web site) appointing a bailiff is an option.

And,although you are correct in saying that it costs to appoint a bailiff, the SCC will add the bailiff costs to the amount claimed from the defendant.

"Remember, the court cannot guarantee you will get your money back, and a fee is payable for any action you take. Although the court will add the fee to the money the defendant already owes, the court cannot return what you have paid if you do not get your money from the defendant, or if the court refuses your application."

For absolute clarity, unless the defendant is a company that is known to be still trading, financially sound etc, then appointing bailiffs could be throwing money down the drain, but, it remains an option that can be used in appropriate circumstances.

As for the "it's a pretty painless process", that was aimed at the SCC/MCOL process, not any subsequent reference to bailiffs or company not paying up.

Quentin

Although you continue to choose which bit of your "advice" was intended for the OP, and which wasn't, at least you have stopped your unneccessary personal abuse.

Shame you couldn't go as far as removing it if you cannot bring yourself to apologise.

Guys_Dad

Not inclined to.

You have nit-picked on more than one of my posts in various threads since our disagreement over the personal abuse I accused you of when Ben from mobiles.co.uk was your target. I don't recall you apologising for your words then, which was in excess of my comment.

You belittled my posts on this thread because they were not gained from experience of taking mobile cashback sites to SCC, despite the fact that the thread asked a generic question about LBAs and taking it further and did it in a "put down" waspish way.

However, I don't intend to hijack this thread further by arguing with you further. IanG has, I think, had his question answered and, unless any other contributor can add light to his question, then irrelevant "noise" (if that can be applied to written posts!) isn't likely to be of help to him.

Quentin

I don't recall belittling your posts, however I certainly recall "Ben" being abusive.

And haven't "belittled them here", just disagree with some of your points.

Are you "Ben" in disguise?