Phones2UDirect.co.uk - POC

Pagan98

Hi everyone.

I am about to issue a claim against Phones2UDirect.co.uk Ltd for the first installment of my cashback [snip]

I would welcome any comments/suggestions on my POC. Thanks.

[snip]

MrsMondragon

For a start they wont give you back the thirty pounds court costs, thats for sure. I never got my thirty pounds back, but I just cant be bothered to chase them any more, its far too much hassle. Good luck....you will need it with these cowboys.

Steve_xx

How did the defendant confirm that they had received your claim? Did they give written confirmation, if not, they could change their mind and insist that they had not received it.

In the letter you wrote asking for payment by 25 May. Did you send it recorded delivery and do you have proof of delivery? This will help your case if you did.

I'm wondering if it may be possible, since they have breached the contract, that you might be able to claim the remaining cashbacks now?

We need some legal advice on this issue of claiming cashbacks. Perhaps the CAB might be able to help or Consumer Direct or the Office of Fair Trading?

Pagan98

MrsMondragon wrote: »

For a start they wont give you back the thirty pounds court costs, thats for sure. I never got my thirty pounds back, but I just cant be bothered to chase them any more, its far too much hassle. Good luck....you will need it with these cowboys.

I've seen your thread where they've tried this before. However, as once I've submitted the claim I'm not prepared to settle without the costs, I'll just let it go to court and see what the District Judge has to say.

Pagan98

Steve_xx wrote: »

How did the defendant confirm that they had received your claim? Did they give written confirmation, if not, they could change their mind and insist that they had not received it.

Sent by Royal Mail Special Delivery and I have the electronic proof of delivery.

Steve_xx wrote: »

In the letter you wrote asking for payment by 25 May. Did you send it recorded delivery and do you have proof of delivery? This will help your case if you did.

Yes, sent Recorded and I have the proof of delivery.

Steve_xx wrote: »

I'm wondering if it may be possible, since they have breached the contract, that you might be able to claim the remaining cashbacks now?

We need some legal advice on this issue of claiming cashbacks. Perhaps the CAB might be able to help or Consumer Direct or the Office of Fair Trading?

I am very interested in this suggestion but need advise on whether it is possible.

Pagan98

Right, claim submitted via MCOL. I debated giving them a few more days but they've already had 66 days to pay up including 10 working days notice of my intent to file a claim.

Pagan98

Can I ask whether others who have resorted to the County Court to get their cashback have attended court?

I expect Phones2UDirect to pay up before the case gets in front of a District Judge, but if they don't I am inclined to ask the court to consider the case on the basis of the submitted argument as it will cost me more to attend than is at stake.

gtz101

even if it reaches the court stage, theres still nothing to stop them from paying you. It has happened before with people.

JPR

If you decide not to attend court, then they are more likely to attend themselves. They do read these postings and if they can work out who you are then that will influence their decision.

If a court ruling goes against them, they are likely to pay out - they will try to discourage you to continue with the case but if the Judge finally rules against them, they will play fair.

If you put in a case for a partial claim of the entire year's cashback, then the Judge is likely to ask whether both parties will to contest the whole year's claim. This will be to stop repeat claims of effectively the same case. This will be done in Chambers.

Steve_xx

gtz101 wrote: »

even if it reaches the court stage, theres still nothing to stop them not paying you. It has happened before with people.

They can be forced to pay up by means of a 'warrant of execution'. This involves a bailiff visiting the defendant and taking monies or goods upto the required value.

gtz101

Not really. Nothing stops them from declaring bankrupt or going out of business which means you get nothing.

This is not like a bank loan where they are going to ask them to surrender their assets in order to pay customers cashbacks