Taking mobile networks to court for cashback payments

Former_MSE_Wendy

This thread is in relation to the Mobile Cashback article.

If you have decided to take court action against your network provider over cashback problems please report them here so that others can learn from your experiences.

stu0012

Here is some info I got from the Which website that suggests Consumer Credit Act 1974 is the one to use against them. I have amended the content to make it specific to me and put it into a complaint letter to Vodafone, but the gist is fine as it is. I will post again when I have a result:

I have 2 phones purchased through Mobile Media Systems Ltd during July of last year. Both were purchased with a 12 month contract with Vodafone at £35 per month with a promise of 12 months free line rental. I was due to receive a total of £420 in cash back cheques during my contract period for each phone purchased.
I had sent my first claim form (which has since been returned to me by Royal Mail) when Mobile Media Systems Ltd trading as Phoneboxdirect went into administration. I have since been offered a half-price line rental by you on one of my contractswhich I have accepted without prejudice to pursuing the matter further. However, the unit set up to deal with this issue at Vodafone has failed to return my calls in relation to the other contract.

By allowing Mobile Media Systems Ltd to offer airtime contracts, I contend that Vodafone has represented to consumers that Mobile Media Systems Ltd had Vodafone’s authority to offer airtime on its behalf at certain rates including reduced rates through the use of cash back. As it was not specifically mentioned in the contract that the cash-back was provided by Mobile Media Systems Ltd and not Vodafone, I further contend, therefore, that Vodafone is liable to meet the cash back on the basis that the cash back forms part of the airtime contract.
In addition:
Arguments under the Consumer Credit Act 1974



A “pay monthly” airtime contract is a credit agreement. Therefore, Vodafone is subject to the “unfair relationships” provisions in the Consumer Credit Act 1974.
I believe the airtime contract to be unfair, by reason of omission by Vodafone, as provided for in the unfair relationship provisions of the Consumer Credit Act 1974. I contend that Vodafone failed to take reasonable steps to control the marketing of its services by Mobile Media Systems Ltd, so as to prevent customers from being induced to sign up for contracts by misleading or otherwise unfair cashback schemes, and its failure to take reasonable steps to ensure that Mobile Media Systems Ltd would remain in existence and have the financial ability to meet their cashback obligations.

I suggest that a court would have the power to discharge sums payable by me under the airtime agreement with Vodafone and to require Vodafone to repay sums previously paid by me, under sections 140A and 140B of the Consumer Credit Act, of a total of the whole amount of the cashback obligations of Mobile Media Systems Ltd.
I contend that the entire cash back cost of £420 per phone is payable by Vodafone under the provisions of the Consumer Credit Act 1974 as detailed above. I have experience of successfully pursuing claims in the Small Claims Court and will not hesitate to commence proceedings against Vodafone if a satisfactory conclusion to this matter cannot be reached by the end of February.
However, I am not an unreasonable man. Therefore, I do not expect the entire cost of this cash back to be borne immediately or, indeed, in advance of the end of my 12 month contract. I would accept a £35 per month per contract credit for the remainder of the current 2 contracts with the promise that the contracts will be renewed and the residual amount not yet returned (e.g. £420 - £140 = £280) be available at the end of the contract period to purchase new handsets and offset the cost of new contracts as a kind of ‘Vodafone Voucher’ and to retain my custom for the medium term. This proposal is instead of my claiming 2 x £420 from Vodafone (the anticipated minimum contract cost for 12 months) through the Small Claims Court. Please indicate your acceptance of this offer, or your suggestion of an appropriate alternative, within 14 days of the date of this letter.

salimakbar

Any news from Vodafone?

salimakbar

shere1

Whys the provider liable ?

Did the mobile provider authorise the retailer to offer cashback deals ? No

People should have done their homework before taking out cashback deals with mickey mouse retailers.

This is just grasping at straws and sour grapes. Learn from your mistakes and move on.

alnsv1000s

The UK Court Service must be thankfull for Cash-Back.

They have done very well out of it, with all this action being taken.

Save your money, get the right contract for you, that you can afford in the first place.

workit

let us know when you hear more please mate !

stu0012 wrote: »

Here is some info I got from the Which website that suggests Consumer Credit Act 1974 is the one to use against them. I have amended the content to make it specific to me and put it into a complaint letter to Vodafone, but the gist is fine as it is. I will post again when I have a result:

I have 2 phones purchased through Mobile Media Systems Ltd during July of last year. Both were purchased with a 12 month contract with Vodafone at £35 per month with a promise of 12 months free line rental. I was due to receive a total of £420 in cash back cheques during my contract period for each phone purchased.
I had sent my first claim form (which has since been returned to me by Royal Mail) when Mobile Media Systems Ltd trading as Phoneboxdirect went into administration. I have since been offered a half-price line rental by you on one of my contractswhich I have accepted without prejudice to pursuing the matter further. However, the unit set up to deal with this issue at Vodafone has failed to return my calls in relation to the other contract.

By allowing Mobile Media Systems Ltd to offer airtime contracts, I contend that Vodafone has represented to consumers that Mobile Media Systems Ltd had Vodafone’s authority to offer airtime on its behalf at certain rates including reduced rates through the use of cash back. As it was not specifically mentioned in the contract that the cash-back was provided by Mobile Media Systems Ltd and not Vodafone, I further contend, therefore, that Vodafone is liable to meet the cash back on the basis that the cash back forms part of the airtime contract.
In addition:
Arguments under the Consumer Credit Act 1974



A “pay monthly” airtime contract is a credit agreement. Therefore, Vodafone is subject to the “unfair relationships” provisions in the Consumer Credit Act 1974.
I believe the airtime contract to be unfair, by reason of omission by Vodafone, as provided for in the unfair relationship provisions of the Consumer Credit Act 1974. I contend that Vodafone failed to take reasonable steps to control the marketing of its services by Mobile Media Systems Ltd, so as to prevent customers from being induced to sign up for contracts by misleading or otherwise unfair cashback schemes, and its failure to take reasonable steps to ensure that Mobile Media Systems Ltd would remain in existence and have the financial ability to meet their cashback obligations.

I suggest that a court would have the power to discharge sums payable by me under the airtime agreement with Vodafone and to require Vodafone to repay sums previously paid by me, under sections 140A and 140B of the Consumer Credit Act, of a total of the whole amount of the cashback obligations of Mobile Media Systems Ltd.
I contend that the entire cash back cost of £420 per phone is payable by Vodafone under the provisions of the Consumer Credit Act 1974 as detailed above. I have experience of successfully pursuing claims in the Small Claims Court and will not hesitate to commence proceedings against Vodafone if a satisfactory conclusion to this matter cannot be reached by the end of February.
However, I am not an unreasonable man. Therefore, I do not expect the entire cost of this cash back to be borne immediately or, indeed, in advance of the end of my 12 month contract. I would accept a £35 per month per contract credit for the remainder of the current 2 contracts with the promise that the contracts will be renewed and the residual amount not yet returned (e.g. £420 - £140 = £280) be available at the end of the contract period to purchase new handsets and offset the cost of new contracts as a kind of ‘Vodafone Voucher’ and to retain my custom for the medium term. This proposal is instead of my claiming 2 x £420 from Vodafone (the anticipated minimum contract cost for 12 months) through the Small Claims Court. Please indicate your acceptance of this offer, or your suggestion of an appropriate alternative, within 14 days of the date of this letter.

benjyf

I just issued a county court claim against T-mobile, so let's see what happens!
Will keep you posted

benjyf

As I said, I issued a county claim court claim against T-mobile and they didn't respond within 14 days, so I requested that the judge decide and he decided for me. If they don't pay up now, I have the choice of sending in the bailifs!

gushussain11

Dear All Peace

I am not sure what is the matter with 'Which'.

They have caused me a number of issues when assisting consumers and hoped they would have removed such advise in regards to Consumer Credit Act 2006.

As far as I am concerned the Airtime Agreement is a exempt agreement to which allegations of relationships being unfair can not be enforced.

Peaceful Regards
Gus Hussain

benjyf

It took a bit of time, but I finally have a cheque from T-mobile! Now I shall call them up and request a much better deal for the next 11 months or I'll sue them again!

benz52

benjyf wrote: »

It took a bit of time, but I finally have a cheque from T-mobile! Now I shall call them up and request a much better deal for the next 11 months or I'll sue them again!

Hi benyjf,

I am taking Orange to court with my cash back contracts. Can you possibly post your arguments to the court?

Thanks
benz52