Letter of Demand from Buymobiles.net

mobilejunkie

caverncity wrote: »

I have emailed a letter with an offer for the average cost of the phone in todays market or a replacement phone but I will need to buy another phone. I have not heard anything back in relation to my offer but received a new letter of demand instead this time headed A1 Comms, the other was headed buymobiles.
Not sure if its being ignored so will have to post it recorded instead.
I have found the Sales of Goods Act 1982 which refers to supplying goods free during a contract but as a layman its a bit hard to understand most or all of it or if any applies to this and if in my favour or not.
If they choose to ignore my offer then that wont go in their favour and if it does got to a debt recovery I shall as mentioned be sending a Cease & Desist letter for the amount they are asking.

It has been brought to my attention by A1 that i had two contracts this wasnt pointed out and no way was I aware of it. If this is the case of two contracts one being with T-Mobile and one with A1 then the phone was surely lent to me for a period of 24 months and in my eyes that is a loan agreement to which I never signed nor did I receive by post a hard copy of an agreement to sign. Unless I am wrong thinking it is a loan?

A1Comms is the real company (and the one who would sue). It doesn't need to be pointed out that you have two contracts. You are buying from a dealer. The network contract has nothing to do with the phone the dealer supplied. That is always a totally separate contract with its own t&c, which are clearly laid out on Buymobiles' website for those who care to look. No doubt people who don't also don't check the t&c for their credit cards, bank accounts, energy supply or a million other things - but they are provided, just as these are, for those who do. I purchased a tv on-line this morning. Before doing so I DID c heck the t&c on their website. The fact they weren't on the order is both reasonable and acceptable.

Silk

boatman wrote: »

Perhaps they have a right to take you to court, in which case you would have to take tmobile to court for your loss of a phone. Or just tell them it broke, send them a few pieces ;-). Do the t&c's say it has to be a working phone you send back?

Why on earth would the OP take T-Mobile to court? it's hardly T-Mobiles fault he chose to end the contract

mobilejunkie

Or that he had a separate contract with Buymobiles - which has nothing to do with the network contract. It demonstrates how lacking peoples' knowledge is on how dealer and contract law works.

caverncity

Well sent letter of dispute asking to negotiate to which according to royal mail they have received today. I also received today a letter through the post exactly the same as the email asking for said debt to be paid, this time though it was broken down as £300 plus £60 VAT for the phone, a phone that is two years old discontinued and was only £279 on release and later reduced to £199.
Earlier on I also received via email from A1 Comms a standard Final demand with no reference to my letter or previous email I sent asking to negotiate.

mobilejunkie

That won't help their case should they commence legal proceedings.

caverncity

if I decide to pay the full amount of the demand in protest can I inturn take them to a small claims court to try and get all or part of it back. I am prepared to pay some of it, its current worth if it according to them wasnt my phone but as they are ignoring me I was thinking of paying all of it to stop it going to a debt recovery or court. I rang t-mobile too and they cant understand why they are asking for the cost of the phone and will (if they do) send a letter to confirm I paid up by buying out my contract and have fulfilled the term. thanks

mobilejunkie

Again - it's nothing to do with T-Mobile.

You could, but I wouldn't.

corf999

You have breached the contract you had with A1 comms, I'd chalk this down to experience and pay the money and walk away.

caverncity

Well just an update. Finally received a reply from my email/letter telling me the £360 was what they paid for the phone. They also said they would accept my offer of £120 which has been paid and account now closed. Time to move on I think!

jillyr

caverncity wrote: »

Well just an update. Finally received a reply from my email/letter telling me the £360 was what they paid for the phone. They also said they would accept my offer of £120 which has been paid and account now closed. Time to move on I think!

I am glad things are sorted for you however anyone else who has a similar issue don't cave in. There are many reason why things that you have seemingly agreed to may not be enforceable and contract law is quite clear in the fact that damages for a supposed breach of contract should not be punitive and should only leave the parties in the same situation they would have been in should the contract have been fulfilled. They could say you have to give them your first born child if you breach but no court would enforce that. I had a similar situation with this company, a phone having been lost with a few months left to run so rather than buy another phone we paid the contract to the end less a minimal discount discount (£5) for early payment and the service via T Mobile was ended. We also got a letter from buymobile.net saying we had terminated early and demanding this magical £358 but refused point blank to pay it having fulfilled in total our financial obligations. What buymobiles.net demanded WAS punitive, the most they lost was the commission on £5 and we actually, tongue in cheek offered to pay them that. In the end we told them to take us to court and magically a few days later we had an email cancelling the debt and apologising for any inconvenience caused. They are just trying to scare people.