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Quentin

You should send claims to the address they gave you in the ts + cs (11).

The conditions require that when making claims condition 11 must be complied with.

PP9552099

Quentin wrote: »

It would help others if you could let us know how long ago you were granted the warrant, and why your money remains unpaid after winning judgement last June.

I only finally won the case from last June in December. I applied for a warrant in January.

coolio_2

How come yours took so long to get to a hearing? Mine also took as long btw.

Anyway, a quick question, do they lose by default if they do not turn up to the hearing?

Quentin

No. But it doesn't go in their favour if they just don't show up without any reason being given.

You still have to present your case to the judge who will refer to anything they have said in their original defence before giving judgement.

coolio_2

Excellant, their only defence was 'we won't do it again' and I have proof they've breached that twice since. They have even admitted as such in writing.

Haroldstotle

Fantastic thread. Thanks to all for making it an excellent reference.

I have sent a LBA, but am now thinking whether I should cut my losses and call it a day. I called T-mobile to try and reduce my tariff, but their customer services specifically stated that they would not change the tariff until 11 months. I asked if there were any exceptions and she said none had ever been given, even for exceptional circumstances. I said that if I found any then she was intentionally misleading me and I gave her an opportunity to remedy the situation. She stood my her position.

Alas, I did some surfing. There are numerous occasions when people have changed their tariff. Better still, I note that on the back of my last bill it states "You can also move to a lower priced plan after your first 6 months". I am waiting for them to call me back. I hope to move from £42.50 to £20 or £25 a month. It means I guarantee saving myself ~£120+, rather than pursuing MCOL hoping TMO don't go bust. Others may wish to consider a similar strategy???.

caroline7758

Well, I've been to Valley Parade this morning and had the same experience as oxheys- they showed me a cheque for the full £216 without any trouble but said the boss wasn't there to sign it so they'd put it in the post.I got them to (reluctantly) give me a note confirming this. Will let you know when/if it arrives.

Just to add- the bloke I saw didn't want to give me a written note because he said he'd sent me an email. Have just checked my inbox and it's just the standard email saying my claim has been received (not even accepted!).Glad I didn't take no for an answer! The note he gave me says my cheque will be dispatched today.

dale01

Hi Caroline,

I hope you get your money. I bet they say it is in the post and it does not turn up. You will probably have to go back down there to get another cheque after they try and get out if it.
If I lived closer i would also go down there but it is a 7.5 hour round trip. Just not worth it. As i might not get the money.

mira

Caroline, I hope too you get your money. The only thing that came to my mind when you said they told you that they will post it "they will soon tell you that it has been lost in the post" like they usually do in their defences. I hope this doesn't happen in your case though.


I also was thinking, when the bailiffs attend their offices to collect the money for a claimant, will the staff also tell him that the boss isn't there to sign the cheque? How funny. I think the bailiff in that case will collect anything from their premises if they don't pay the cheque on the spot. I don't think the bailiff would wait for another day to collect the cheque.

This is my understanding of how the bailiffs work. If i'm wrong plz correct me.

Quentin

Bailiffs don't mind - they get paid each time they attend.