Express Mobiles/ Yes mobiles out of business?

Quentin

In what way did they miss-sell orange to you?

hmp45

Express Mobiles promised to pay me cashback of the full amount paid to Orange for my contract. They have not done this. Therefore they are in Breach of the Contract they sold to me. Express Mobiles by making me such an offer, induced me into entering into a Contract with Orange which was a misrepresentation. My legal adviser has said that Orange should be responsible for the actions of their Agents.

Quentin

Unfortunately lots of companies have behaved like this.

Orange have never intervened yet.

How are they responsible for a retailer getting into financial difficulties?

killerkev

I have know received the papers from the courts it is to be transferred to Southampton this is no problem for me but Telco Ltd T/A Express Mobile who I filed the claim under are saying my contract was with Yes Mobile not them but the cheque i received was from Telco . I know other people have received cheques from Telco, what would help me is if anyone has copies of cheques from Telco that i could have to present in court this would be great .

Quentin

The drawer of the cheque is not necessarily the other party in the contract. (EG, you could contract with someone to fix your roof, but the cheque paying the roofer could come from anywhere - your wife/partner/building society etc).

Make sure you have named the defendant correctly in your claim, otherwise you may find that even though you win the case, the judgement cannot be enforced.

(The post on this page regarding an update from TS does mention the company is yes mobiles ltd)

killerkev

thanks for the info i had already filed the claim before the bit about yes mobiles was posted as Express Mobiles had never informed me who my contract was with i just assumed as the cheques came from

Telco

that was who i issued the claim against .
i will argue in court that as my contract was with Express who the parent company is irreverent .As they never informed me any

different

All this may be of no use anyway as by the time it comes to court the whole group will be in administration anyway

Quentin

If you have the wrong defendant named in the documents, then although the hearing could take place (at your expense), and the judgement given in your favour, then it will be a judgement against either a non existent or wrong defendant. If, however Telco turn up at the hearing (and they are truly not the correct defendant), you will lose and be ordered to pay their costs.

As previously posted, a judgement against the wrong defendant will be unenforceable, and just mean even more money and time wasted.

killerkev

Quentin wrote: »

If you have the wrong defendant named in the documents, then although the hearing could take place (at your expense), and the judgement given in your favour, then it will be a judgement against either a non existent or wrong defendant. If, however Telco turn up at the hearing (and they are truly not the correct defendant), you will lose and be ordered to pay their costs.

As previously posted, a judgement against the wrong defendant will be unenforceable, and just mean even more money and time wasted.

I agree with everything you are saying even though i can prove that Telco /Yes Mobiles/Express Mobiles all operate with the same staff members, same premises , Telco have the details of all Yes Mobiles /Express customers as long as Telco/Yes Mobiles have different company numbers they can say I belong to which ever one they like, I will ask for prove of my contract with Yes Mobile,but as i have said it will be of no use anyway because they are going under in-fact if you Phone they say they are now Telco and have no connection with Telco Limited

Sid08

Dear all

I have a court date and i claimed against Telco, they will be defending the claim. I think i do have enough proof to show in court that Express Mobiles are or was Telco but i am also having doubts because Telco are stating that my issues are with Yes mobiles a.k.a EM.

What if they prove thier not EM in court but like I said i do have alot info to prove they were EM once upon a time or may be they still are.

I am confused??? Maybe i should change the defendant details to Yes Mobiles. Anybody have advice??

Sid

killerkev

Sid08 wrote: »

Dear all

I have a court date and i claimed against Telco, they will be defending the claim. I think i do have enough proof to show in court that Express Mobiles are or was Telco but i am also having doubts because Telco are stating that my issues are with Yes mobiles a.k.a EM.

What if they prove thier not EM in court but like I said i do have alot info to prove they were EM once upon a time or may be they still are.

I am confused??? Maybe i should change the defendant details to Yes Mobiles. Anybody have advice?? Sid

the problem we will have when we get to court is proving a direct link two companies are registered Telco Limited (co. no. 5078200) &Yes Mobiles (co.no. 5153040) both at the same address. Telco Limited have moved to different address in Hampshire and Yes Mobile have operated from the same address.When everyone took out their contracts with Express Mobiles there was no mention of any parent company on the phone or in any paper work so Telco can say the contract is with who the like can anyone prove different ???? The cheques i received were from Telco Limited T/A Express Mobile and that is what i will use in court , it might not legally hold up, remember we are dealing with companies that have set out to miss lead customers i.e my first contact they said "we are representing Orange"no mention of a different company