Phones2UDirect.co.uk - POC

Steve_xx

gtz101 wrote: »

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

You cannot simply declare bankruptcy without actually being bankrupt. The companies in question here are all viable and therefore ought to be taken to task when they fail in their contractual obligation.

gtz101

I know what you mean, but what I'm saying basically is that is never likely to happen. I mean does anyone know any retailer who has had to sell off its assets or goods or forced to pay a customers casback? I don't think so.

I mean I am not saying they should or shouldn't but its never likely to happen I think.

Steve_xx

gtz101 wrote: »

I know what you mean, but what I'm saying basically is that is never likely to happen. I mean does anyone know any retailer who has had to sell off its assets or goods or forced to pay a customers casback? I don't think so.

I mean I am not saying they should or shouldn't but its never likely to happen I think.

If the company concerned is still viable, ie not in administration, then it will have no need or likelihood of selling its assets in order to meet a claim. However, the bailiffs could turn up at its offices and demand the payment due.

A company, when it is in 'administration' has all of its assets siezed by court order, and then those that are owed monies are paid out, in a prescribed order and always assuming that there is any value there is the first place. Joe public is normally the last in the queue.

Pagan98

JPR wrote: »

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.

Is it really worth their while travelling to my local court on the off chance? After all, I don't believe that I have to advise them that I won't be attending. Anyway, I may decide to attend as it will be an educational experience.

gtz101 wrote:

I mean does anyone know any retailer who has had to sell off its assets or goods or forced to pay a customers casback?

Presumably they see sense when the other option is the bailiff seizing their computers or maybe a few of those snazzy new phones.

Steve_xx wrote:

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.

Indeed, or if I say "to hell with the cashback" I could always go for a winding up order myself...!

BritSwedeGuy

I know a lot of people (about 90% from the look of it!) are put off by the thought of suing, but really these guys are no better than burglars. They run their business from the outset with the aim of tricking you out of your money. (Allegedly)
I've filed against them, they've issued a defence and I'm continuing with it - it's at my local court.

Pagan98

BritSwedeGuy wrote: »

I've filed against them, they've issued a defence and I'm continuing with it - it's at my local court.

Good luck then. What defence have they used, if you don't mind me asking?

ndurve

They never bothered to reply to the claim i issued. what happens now?

Pagan98

Success!

Cheque received today for the cashback and court fees. :T

Pagan98

ndurve wrote: »

They never bothered to reply to the claim i issued. what happens now?

ndurve - have they failed to enter a defence after you issued a money claim? If so you can request judgement by default. If this is granted, the court writes to the defendant instructing them to pay you. If they still don't respond you can request the court to enforce the judgement. See here: http://www.hmcourts-service.gov.uk/infoabout/claims/noreply/index.htm

Steve_xx

Excellent news and well done to you for your tenacity!

I note that you mentioned that it was your first cashback that was amiss. Have you claimed via the court for all of the others in case you encounter a similar problem with you next claim? Or will you deal with each one in the same way as this one?