Mobile Affiliates (CoolNewMobile+PhoneBoxDirect+Phones2YourDoor) in Administration

RajaStyle

Picture this if Northern rock went bust and you had a mortgage with them does that mean your mortgage free and no longer have to make payments ? because you got your mortgage from a broker that went bust or the bank itself ?

Big_Dreams_2

Originally Posted by ItsIllak

1/ I made a contract to enter into a 12 month phone contract @ 35/month in return for £420 in staged payments, £35 up front and a new mobile phone. This contract was entered into with Mobile Affiliates (MA) AKA Coolnewmobile (CNM).

WHY is it that a substantial proportion of board members seem to think this is our problem? Entering into a contract, as a consumer is not a risk. It's a contract - there are obligations and remedies. I simply can't see how Vodafone would hope to defend their position of invoicing against a now defunct contract.

I accept that the administration agreement protects the limited company (MA) from existing debts (in my case £140 that I've spent on line rental so far), but I'm baffled as to why anyone thinks I should continue paying Vodafone something that's not going to be re-embursed as agreed.

Anyway, my plan of action is that I'm asking Vodafone to issue me with any sort of proof that they have a contract with me, if they are unable to do so (and I can't see how they would be able), I'll be ceaseing my direct debit, and in the unlikely event they bring it to court, turning up with their failure to provide me with evidence of contract.



For heavens sake, why won't people listen to what is being said on these boards, and why the hell don't they read the paperwork they are provided with?????????????????????????????

If you signed up with CNM on the internet then the full terms and conditions relating to your contract with CNM and the one relating to Vodafone were on the website and you had to tick a box to say you had read them. If it was done over the telephone then CNM would have sent you the two separate contracts in the post. You should always keep copies of any contracts you enter into!

They are two entirely separate contracts, the CNM one for the cashback and the Vodafone one for the airtime and if you didn't read them then its your own fault. The fact that CNM lured us in with offers they couldn't fulfill has nothing whatsoever to do with the Vodafone contract.

What more is there to say except if you cancel your direct debit with Vodafone then you deserve all you get from the backlash you will receive from the credit reference agencies and the Courts when Vodafone issue proceedings against you!

mobilejunkie

sjain2:- if you follow well-known bad advice you are the one who will pay the price. If you read these threads you will have the choice of not so doing.

ItsIllak

RajaStyle wrote: »

Picture this if Northern rock went bust and you had a mortgage with them does that mean your mortgage free and no longer have to make payments ? because you got your mortgage from a broker that went bust or the bank itself ?

Yes, if you are loaned money by Northern Rock and it is wound up without it's assets (loan book) being sold to someone else then you don't owe anyone any money. I think that's a little beside the point though, not to mention quite unlikely! If the loan book was sold, agreements to individuals would have to be retained. If Northern Rock had agreed to pay me 5% of my repayments back, refusal to do so by the new owners would constitute a breach of contract and I could seek remedy.

What the situation here is that Vodafone appear to think that I am liable to continue my side of the bargain when the other side has been breached. That is simply not how contracts work. Regardless of the content of a contract, if a major clause is broken, it can be taken as breached and remedy sought. Breach of that major clause can also often result in the whole contract being null and void. In this case, a remedy I would accept (putting me £140 out of pocket on the contract) would be to simply terminate the whole thing and move on. I think that's quite generous.

Final point on this. It's not as if Vodafone (who authorised, had agreements with and paid MA as their agents) were unaware of what was happening. They need to take responsibility for allowing it, participating in it and profiting from it.

mcmanlyn

I think RajaStyle's point was if you went through a financial advisor who set you up with a loan/mortgage through NR, then the FA went bust! You'd still have to pay your loan/mortgage.

Fact is you agreed to a 12 month airtime contract with Voda - cashback or no cashback! Best you can hope for is that Voda will give you a discount (and if you go in guns blazing I doubt they'll help!) cancel your DD and you will end up with a default/CCJ.

Big_Dreams_2

ItsIllak if you really want to take it further then go and see a solicitor and waste even more of your money.

Honestly, there's no helping some people is there!

deandhinsa

In answer to the member who is confused ..........Okay, I wanted to get over the problem that I had got myself into. I wanted to keep my number on three but still wanted to investigate a new deal with three that gave me a cash back deal. By talking to three I was able to get this with PBD and then port the number from my old deal to the new one. During the process PBD went bust. Result=Ported my number from last years cash back deal with CNM to new deal with PBD. Remained on three network(which I am more than happy with). I then posted my reply on this forum.

Rung three again today explained the situation and they stated "although I am responsible for the contract" I have to contact CNM for last years cash back deal and the the new cash back deal with PBD but they will fight my corner as the network provider, to get my total amount of £769.50. Therefore, to some it up, I am being looked after by three by
a) allowing me to keep my special number going
b) making them take some responsibility for the situation I am in after PBD and CNM went bust .

After all they are the network provider for these dealers. Hope this makes sense.

Regards

Dean

Neillgb

ItsIllak wrote: »

Sorry, did I miss a beat somewhere - Was there a newsletter that said consumers no longer had any rights?

Where is the hole in this...

1/ I made a contract to enter into a 12 month phone contract @ 35/month in return for £420 in staged payments, £35 up front and a new mobile phone. This contract was entered into with Mobile Affiliates (MA) AKA Coolnewmobile (CNM).

2/ CNM reneged on a substantial part of their contract by virtue of entering into an administration agreement, and explicity in a public statement by said administrators.

3/ CNM are no longer in a position to defend their contracts, which have been clearly breached.

4/ My only contact with Vodafone (in my case) was to pay invoices that they sent to me based on my contract with MA.

WHY is it that a substantial proportion of board members seem to think this is our problem? Entering into a contract, as a consumer is not a risk. It's a contract - there are obligations and remedies. I simply can't see how Vodafone would hope to defend their position of invoicing against a now defunct contract.

I accept that the administration agreement protects the limited company (MA) from existing debts (in my case £140 that I've spent on line rental so far), but I'm baffled as to why anyone thinks I should continue paying Vodafone something that's not going to be re-embursed as agreed.

Anyway, my plan of action is that I'm asking Vodafone to issue me with any sort of proof that they have a contract with me, if they are unable to do so (and I can't see how they would be able), I'll be ceaseing my direct debit, and in the unlikely event they bring it to court, turning up with their failure to provide me with evidence of contract.

Before you respond to this telling me that I took risks, that I should accept the situation, that I am being unreasonable etc, think about it for a few seconds. Instead of wasting that valuable typing time, go bend over for some other corporation - maybe send Sony or Littlewoods a cheque as a goodwill gesture for christmas?

Consumers rights are based on the law. The law as it stands is that you have a contract with vodaphone and they are perfectly entitled to enforce said contract as the law stands at the moment. YOu know you have a contract with them as well as they do.

CNM/PBD have breached their contract with you. You can take them to court, at your expense. You will win. You can then proceed to enforce the courts judgement, at your expense. You will get nothing as they have nothing.

Don't get me wrong. I feel that the networks action with regrds to cashbacks is immoral. I am with 3 and i have lost money.

With regrds to vodaphone and the contract proof issue.,bear in mind that they are the biggest compamy in the uk. They could, if they wished, employ a legion of lawyers to fight their case.

They won't though. They will blank you and continue to collect the direct debits. If a direct debit is returned it will go on your credit reference file. The consequences of this are well documented on this website. They will sell the debt and you will receive grief from a debt collection agency. Possibly even as far as ccj's/bailiffs dependant on the amount due.

Also consider that Vodaphone have probably already paid CNM/PBD a commission in good faith.

Also consider that the longer you leave it to accept the half price line rental arrangement with Vodaphone the longer you will be paying the full whack!

Sorry, but I feel people should be realistic(and i'm jealous coz i'm with 3!).

rhinooooo

I got a 12 month contract - Vodafone Anytime 500mins + 250 texts for £35 via PhoneBoxDirect. It was a full cashback offer.

I'm 5 months in and just sent my first cashback request recently.:rotfl:

I have just spoken to Vodafone. I talked to the cancellations department (option 2, then 4 available on 191). The lady was very kind, took my details , and informed me of the special team that will contact me within 7 days to suggest a new pricing plan. Most interesting is that I pressed her on what they were, and she mentioned that some people were still getting £5 a month!

So, I'm very hopeful I can mention that when they call me back.

Good luck to anyone trying to sort this out.

Big_Dreams_2

Can I please refer anyone who is still insistent that they have a claim on their airtime provider to read the new article from Martin Lewis at
http://www.moneysavingexpert.com/phones/coolnewmobile-phoneboxdirect-help

This will reitterate everything I have said, along with others.

There are also contact details for all of the major airtime providers.