Phoneboxdirect (merged threads)

ritac1

mouseclick wrote: »

My sentiments exactly.

Got up in bad mood this morning, so decided to take it out on PhoneBox Direct. Completely and utterly p....... off by them messing me about.

Just spend best part of 1 hour writing to them and to cut a long story short have given them until 15th August to pay what they owe me or will issue a County Court Summons for the monies owed plus my costs. Going in the mail this afternoon Recorded Delivery.

Lets see what happens.

(Carphone Warehouse will be next!)

fedupwithphonebox

ritac1 wrote: »

Got up in bad mood this morning, so decided to take it out on PhoneBox Direct. Completely and utterly p....... off by them messing me about.

Just spend best part of 1 hour writing to them and to cut a long story short have given them until 15th August to pay what they owe me or will issue a County Court Summons for the monies owed plus my costs. Going in the mail this afternoon Recorded Delivery.

Lets see what happens.

(Carphone Warehouse will be next!)

I think I'll challenge their Terms and Conditions under the Unfair Terms in Consumer Contracts Regulations, in particular sections 5, 7(2) and Schedule 2 section 1 subsections e,j,o. The Director General of Fair Trading or relevant director of a consumer association (I'm debating whether the Director General of Telecommunications would be appropriate) is required to make a decision on the fairness of the terms. Given the recent decision that 60 days is a minimum fair time limit it is unlikely any decision would go against that as it would effectively be one trying to overule the other. Would it be useful if I posted my letter on this website, perhaps if we all ask for this review of the T&Cs we will have a better chance of having them overruled (and there is no necessity to worry about going to court)?

mouseclick

Are you all aware of http://www.moneyclaim.gov.uk/? Saves you finding a court house. Remember to serve legal documents on the company's registered office, which can be found at http://www.companieshouse.gov.uk/WebCHeck/fastrack/.

As of 30/7/07, the details for company 04440806 is:
MOBILE MEDIA SYSTEMS LIMITED,
22 THE ROPEWALK,
NOTTINGHAM,
NOTTINGHAMSHIRE NG1 5DT

This is just an accountants office, nevertheless it is the registered office and should be used for the service of legal documents. Check though, on the day you serve the documents, just in case it changes. The check is free. So is advice from your local citizens advice bureau, I would advise you to check with them, and contact http://www.consumerdirect.gov.uk. Then pay your court fees, sit back, and wait. Bear in mind that threats such as counterclaims are all part of the game if they have a strong legal team, however, Consumer Direct and the CAB should reassure you that your case is watertight, assuming you have done things properly. If you are thinking of court action, it may be worth forking out £8 to do a search at http://www.registry-trust.org.uk/ to see if the company has any previous county court judgements against it. If this figure is quite low, then perhaps you can assume that they pay up before the case goes to court. My oh my, I am almost tempted just out of curiosity...

Quentin

mouseclick wrote: »

..... Then pay your £15, sit back, and wait....

There is a (non refundable) fee to pay to issue a summons via the courts - there is a sliding scale of fees, dependent on the total you are claiming from the Defendant, but the starting point is £30 (for a claim up to £300). After that it's £50 (claim £300 - £500) and £80 (Covers £500 to £1000).

You can add the court fee on to the total claim you are making, so if you win, the Defendant will be ordered to repay this to you along with the amount you claimed.

Note that if the Defendant does not comply with any judgement you win against them, then enforcement is at your expense - though these costs get added to the total you are owed. If the Defendant has no money, (or goes into administration/liquidation etc whilst you are trying to get the money, then all court and enforcement fees paid are lost along with the money you were originally owed).

mouseclick

fedupwithphonebox wrote: »

I think I'll challenge their Terms and Conditions under the Unfair Terms in Consumer Contracts Regulations, in particular sections 5, 7(2) and Schedule 2 section 1 subsections e,j,o. The Director General of Fair Trading or relevant director of a consumer association (I'm debating whether the Director General of Telecommunications would be appropriate) is required to make a decision on the fairness of the terms. Given the recent decision that 60 days is a minimum fair time limit it is unlikely any decision would go against that as it would effectively be one trying to overule the other. Would it be useful if I posted my letter on this website, perhaps if we all ask for this review of the T&Cs we will have a better chance of having them overruled (and there is no necessity to worry about going to court)?

Wow, that's a heavy one! I am unfamiliar with that legislation. I had a quick look at the key fact sheet on this at http://www.dti.gov.uk/consumers/fact-sheets/page38609.html though, and I am not sure this is appropriate for individuals. In the FAQ, they state:

Q3. What does a consumer do if a firm refuses to accept that a term is unfair?
For the individual consumer, the Regulations mean that if a business refuses to accept that a term is unfair, the consumer can ask the help of the court. If the court agrees with the consumer, the business will not be allowed to rely on that term. But, it is essential for the consumer to seek legal advice before becoming involved in a dispute that could lead to court proceedings.

Q9. Where can I get advice about unfair contract terms?
The DTI does not deal with individual consumer enquiries or complaints. If you have an enquiry please contact Consumer Direct at: www.consumerdirect.gov.uk (Tel: 08454 04 05 06). Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

Which ever way you pursue it - good luck!

mouseclick

Quentin wrote: »

There is a (non refundable) fee to pay to issue a summons via the courts - there is a sliding scale of fees, dependent on the total you are claiming from the Defendant, but the starting point is £30 (for a claim up to £300). After that it's £50 (claim £300 - £500) and £80 (Covers £500 to £1000).

You can add the court fee on to the total claim you are making, so if you win, the Defendant will be ordered to repay this to you along with the amount you claimed.

Note that if the Defendant does not comply with any judgement you win against them, then enforcement is at your expense - though these costs get added to the total you are owed. If the Defendant has no money, (or goes into administration/liquidation etc whilst you are trying to get the money, then all court and enforcement fees paid are lost along with the money you were originally owed).

Thanks for that, it's been a while since I have taken out a small claim, I guess like everything else the price has gone up

I will amend my post... done.

PS anyone interested in a private Google Group or some other means of exchanging information privately for those pursuing legal action? For example, only one of us needs to do a company or CCJ search, we could share the info, and the costs.

Wahm

hi - I am a victim of the 'missing one page scam' and am thinking of the small claims court but given this.....

mouseclick wrote: »

Further comments:
A bit worried because I found a comment here by miEsperanza1970 dated 13 June which said:

Spoke to Nottingham Trading Standards about PBD / they said their experience was that each phone reseller will fold at some point and leave people with an unpaid cashback...PBD should be folding in the next 12mths and taking alot of money with them.

and this

Quentin wrote: »

Note that if the Defendant does not comply with any judgement you win against them, then enforcement is at your expense - though these costs get added to the total you are owed. If the Defendant has no money, (or goes into administration/liquidation etc whilst you are trying to get the money, then all court and enforcement fees paid are lost along with the money you were originally owed).

is it not a bit mad to take them to the small claims court? If the company folds then it means that we lose even more money than just what is lost in the scam?

I dont know what to do. I want to do something about this as its outrageous, I have contacted my provider, Phone Box Direct, Consumer Direct and BBC Watchdog... any suggestions?

I stand to lose 336 - I received my first cashback.

cv65user

i recv the below email

Dear *****,
Thank you for your email. We have checked our systems and we have not received a claim for this order, if your claim was delivered to our office after the 30th July 2007 then it will be awaiting to be loaded.
Regards
Customer Care
Mobile Media Systems Limited

i chked on recorded delivery and thy recv my leter on 31/07; does that mean they wont scan in till nex week so that means my claim is over the 21days that means i lost my cash back??

Quentin

If the recorded receipt date of 31/7/07 is within the time scale allowed, then they cannot refuse to pay you on the grounds the claim arrived too late.

cv65user

Quentin wrote: »

If the recorded receipt date of 31/7/07 is within the time scale allowed, then they cannot refuse to pay you on the grounds the claim arrived too late.

i think its juts one day short? because my bill date is on 9/07 , didnt get bill till 15th then sent and they recv on 31st , whereas i has to send it back within 21days as on their t&c which would make it the 30 th aug , but theyve recv my claim on 31st so its one day short ?