Phones2uDirect new T&C's v3.7

OldFrosty

Phones2uDirect new T&C's state;"Cashback and Free Line rental promotions are processed on a strict first come first served basis; we aim to process applications within 45 days of receipt."My problem is that since they only 'aim' to send your cashback payments it might be difficult to sue them to enforce the contract.We have had to sue them twice already, which I accept is part of the cashback game - I would like to continue with them for a new contract as all my paperwork, form letters, summons forms etc etc have already been produced but I would like to know if their T&C's will preclude me suing them when the time comes.I am a seasoned 'cashbacker' (4 years and 12 contracts) so I am quite happy to play the game - so long as I know it is possible to win !Any thoughts on the new T&C's from someone "in the know" would be most welcome.Thanks

Pagan98

I've also just signed up to a new P2U contract as you only need to send in 3 claims and I'm prepared to sue if necessary.

I think their previous Terms said something similar. [Actually, I'm wrong. Their previous T&Cs stated that cheques would be sent within 45 days. However, other companies (e.g. Mobileshop.com) have similarly vague terms and my opinion remains the same as stated below.]

In my view as long as the 45 days has expired and you have written to them asking for payment within a further reasonable window (e.g. 14 days), you should win in court. The alternative is that they have an open-ended window in which to pay you, which would be an unfair contract term.

HTH.

Born2Save_3

Hi, as this thread is about P2UD and the inevitable small claims court submission, I wonder if someone could share the text (personal info removed/obscured) for a court claim that worked well for you.


My situation is :


* Followed the T&C's
* Sent claims by special/recorded delivery
* Had the first claim paid, by issuing a letter before action, to which they tried to time it so that I made the small claims court claim and paid me at the same time
* Issued a letter before action for the second claim
* About to send off the third and final claim
* Reported each time to Trading Standards
* No communication from P2UD, apart from first claim letter and cheque


If you could share the text it would be useful to many people, as I'm sure there are other people in a similar situation.


Thanks in advance.

OldFrosty

Born2Save,

If you have not tried the money claim online route - do so immediately - it is really simple and straightforward to do - I have just completed one with P2UD and was paid the court fees without a problem. I would make sure in future (if you don't already do so) that you photograph all the documents that you return to P2UD clearly and together - stapled where appropriate, so they cannot claim missing pages easily.

I had a nasty situation with Mobile Rainbow who claimed a missing page - I threatened them with the fact that I had good evidence of my claim being complete - they backed down in the end and even paid the money direct into my account within 48 hours (my condition for not continuing to court).

Obviously the photos don't prove what they received but in front of a judge I think that you will win as you are showing that you are well organised and thorough.

People keep asking me why I would continue with P2UD after all the trouble I have had with them - the reason is that I really feel I have covered all the bases with them now - I have template paperwork for every stage of the claim process and I have 2 court victories against them - I would presume that at some stage they will mark all my contracts as 'pay these now, he is a PITA !' - I understand that this is all a game and like most businesses they will deal with the most vocal and difficult (knowledgeable) first. I think that makes them a good prospect for myself. If Mobile Rainbow had not changed their T&C's I would have been happy to continue with them.

I notice that some companies are now not starting the cashback process until near the end of the contract period - this does not suit me and so I limit myself to companies tha start paying out (or not) before then.

I see MobileOutlet start paying after 12 months and PhoneBox after 4 months - although PhoneBox state that they will pay after 60 days - 14 working days to register claim - 28 further working days to pay (or process as they call it).

I would sue them and see how that works out - as long as you have the proofs of delivery and other supporting paperwork.

Regards

mikeyboy01_2

Old Frosty ,
When you claimed against P2u did you claim for the total cash back or just the cashback due at that time e.g all 12 months or just 6 or 9 month one ? , I am at my first cashback without receiving payment after 75 days and I am going to go down the money claim route , so just wandering if i can claim the whole 12 months in one go on the basis that they have not adhered to there own terms and conditions which were active at the time and made payment within 45 day period .:mad:

Born2Save_3

OldFrosty - Thanks for the reply

If you could share the actual text you used for the money claim online submission that would be useful to many people.

Like yourself I scan all the documents I sent to any mobile cash back company - what I also do is have my wife witness the contents of the letter and sign a letter to the effect that all the following copies were enclosed in the letter on a specified date to the mobile cash back company. My wife is a UK qualified lawyer and has taken the bar - she is also well connected legally, should things not turn out favorably. I would hope that this certified, witnessed contents of the letter would appease any 'missing documents' claims.

Thanks for your help - and like you I think that once you know the 'devil' you can play with the fire and not get burned - of course this 'hell' may not be eternal, which may be the greatest risk !

OldFrosty wrote: »

Born2Save,

If you have not tried the money claim online route - do so immediately - it is really simple and straightforward to do - I have just completed one with P2UD and was paid the court fees without a problem. I would make sure in future (if you don't already do so) that you photograph all the documents that you return to P2UD clearly and together - stapled where appropriate, so they cannot claim missing pages easily.

I had a nasty situation with Mobile Rainbow who claimed a missing page - I threatened them with the fact that I had good evidence of my claim being complete - they backed down in the end and even paid the money direct into my account within 48 hours (my condition for not continuing to court).

Obviously the photos don't prove what they received but in front of a judge I think that you will win as you are showing that you are well organised and thorough.

People keep asking me why I would continue with P2UD after all the trouble I have had with them - the reason is that I really feel I have covered all the bases with them now - I have template paperwork for every stage of the claim process and I have 2 court victories against them - I would presume that at some stage they will mark all my contracts as 'pay these now, he is a PITA !' - I understand that this is all a game and like most businesses they will deal with the most vocal and difficult (knowledgeable) first. I think that makes them a good prospect for myself. If Mobile Rainbow had not changed their T&C's I would have been happy to continue with them.

I notice that some companies are now not starting the cashback process until near the end of the contract period - this does not suit me and so I limit myself to companies tha start paying out (or not) before then.

I see MobileOutlet start paying after 12 months and PhoneBox after 4 months - although PhoneBox state that they will pay after 60 days - 14 working days to register claim - 28 further working days to pay (or process as they call it).

I would sue them and see how that works out - as long as you have the proofs of delivery and other supporting paperwork.

Regards

Clueless969

Hello folks :hello: I too am in the process of kicking PBD for trying to wriggle out of paying.:mad: Just sent the final letter yesterday and MCO is next on the agenda, unless they suddenly change their attitude.

I've popped up on here to collect any thoughts and suggestions that you might all be able to offer on the best way through to success. I do actually have copies of all my communications with them and sent the PBD (aka Mobile Media Systems) Complaints department 13 pages of stuff, plus the covering letter.

With regard to the MCO approach, how do you word the claim so that it falls within the 1,080 CHARACTER Limit ?????:eek:

As always, any help/comments/suggestions gratefully received.

Thanks everyone.

Quentin

Your initial claim doesn't have to be the full story. Just a brief statement of the facts.

But if you really can't keep the claim below the limit of characters, although you cannot use MCOL, you can still sue them via the small claims system.

Get the forms from your local county court