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  1. #1
    Lobster
    Guest
    SWMBO and I both have substantial outstanding cashback applications; one
    from buymobilephones and one from phones2udirect; both sent in by
    recorded delivery on 31 July. Both are the first cashbacks applied for
    on the respective contracts; in both cases I followed the complex
    instructions to the letter.

    I've chased by email several times - politely so far - but am being
    ignored. Am fully prepared to pursue in the small claims court if
    necessary, should it come to that.

    How long do people give these outfits before putting the boot in?
    Anyone successfully gained cashbacks via the courts (or the threat of
    using that route?). (I'm a fairly old hand at cashback deals, with great
    success hitherto!)

    David



    See More: Cashback deal unpaid - when/how to escalate claim?




  2. #2
    Paul Harris
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    In message <[email protected]>, Lobster
    <[email protected]> writes
    >SWMBO and I both have substantial outstanding cashback applications;
    >one from buymobilephones and one from phones2udirect; both sent in by
    >recorded delivery on 31 July. Both are the first cashbacks applied for
    >on the respective contracts; in both cases I followed the complex
    >instructions to the letter.
    >
    >I've chased by email several times - politely so far - but am being
    >ignored. Am fully prepared to pursue in the small claims court if
    >necessary, should it come to that.
    >
    >How long do people give these outfits before putting the boot in?
    >Anyone successfully gained cashbacks via the courts (or the threat of
    >using that route?). (I'm a fairly old hand at cashback deals, with
    >great success hitherto!)
    >

    Seems strange if you followed the instructions and did everything right
    as both of them normally settle fairly promptly and should have done so
    by now. The wriggle factor is normally when the instructions have not
    been followed to the letter but it isn't good enough if they are not
    responding.

    I think that I would write giving them a couple of weeks to settle and
    warning that if they do not do so I would be making a claim. I can't
    quote an example off hand but yes it has been done successfully.
    --
    Paul Harris



  3. #3

    Re: Cashback deal unpaid - when/how to escalate claim?


    Lobster wrote

    > How long do people give these outfits before putting the boot in?
    > Anyone successfully gained cashbacks via the courts (or the threat of
    > using that route?). (I'm a fairly old hand at cashback deals, with great
    > success hitherto!)
    >
    > David


    I suspect that 52 days (as of today) is long enough.

    Send them a "final letter before action" by recorded delivery informing
    them to pay up within seven days or you'll issue a claim via the small
    claims track of your local county court.




  4. #4
    Lobster
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    [email protected] wrote:
    > Lobster wrote
    >
    >> How long do people give these outfits before putting the boot in?
    >> Anyone successfully gained cashbacks via the courts (or the threat of
    >> using that route?). (I'm a fairly old hand at cashback deals, with great
    >> success hitherto!)

    >
    > I suspect that 52 days (as of today) is long enough.


    Well that's my thought too...

    > Send them a "final letter before action" by recorded delivery informing
    > them to pay up within seven days or you'll issue a claim via the small
    > claims track of your local county court.


    Will do.

    I'd probably use moneyclaim.gov.uk to issue the claim. Never done this
    before - how much does it cost to do it? Can't seem to find the answer
    on their site without actually registering and actioning it.

    Presumably if the claim went through and the outcome was in my favour,
    then the phone co would be ordered to pay for my fees, right? But what
    happens if - as will probably happen in reality - they pay my cashback
    *after* receiving a summons, but before the case is heard (Is that how
    it works?) Do I have to kiss goodbye to my fees then?

    Thanks
    David





  5. #5

    Re: Cashback deal unpaid - when/how to escalate claim?


    Lobster wrote:
    >
    > I'd probably use moneyclaim.gov.uk to issue the claim. Never done this
    > before - how much does it cost to do it? Can't seem to find the answer
    > on their site without actually registering and actioning it.
    >
    > Presumably if the claim went through and the outcome was in my favour,
    > then the phone co would be ordered to pay for my fees, right? But what
    > happens if - as will probably happen in reality - they pay my cashback
    > *after* receiving a summons, but before the case is heard (Is that how
    > it works?) Do I have to kiss goodbye to my fees then?
    >
    > Thanks
    > David


    for a claim of upto £300 the fee is £30.

    Once they've received your paperwork from the Court, they have 28 days
    to respond to the Court; simply sending you a cheque for the original
    amount is no longer an option available to them.

    Having recently successfully pursued a claim via MoneyClaim, I can
    elaborate further if you need any further help.




  6. #6
    Lobster
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    [email protected] wrote:
    > Lobster wrote:
    >> I'd probably use moneyclaim.gov.uk to issue the claim. Never done this
    >> before - how much does it cost to do it? Can't seem to find the answer
    >> on their site without actually registering and actioning it.
    >>
    >> Presumably if the claim went through and the outcome was in my favour,
    >> then the phone co would be ordered to pay for my fees, right? But what
    >> happens if - as will probably happen in reality - they pay my cashback
    >> *after* receiving a summons, but before the case is heard (Is that how
    >> it works?) Do I have to kiss goodbye to my fees then?

    >
    > for a claim of upto £300 the fee is £30.
    >
    > Once they've received your paperwork from the Court, they have 28 days
    > to respond to the Court; simply sending you a cheque for the original
    > amount is no longer an option available to them.
    >
    > Having recently successfully pursued a claim via MoneyClaim, I can
    > elaborate further if you need any further help.


    Thanks a lot Noel: we'll see what happens - I'll report back here in due
    course!!

    David




  7. #7

    Re: Cashback deal unpaid - when/how to escalate claim?


    Lobster wrote:
    >
    > Thanks a lot Noel: we'll see what happens - I'll report back here in due
    > course!!
    >
    > David


    Good luck!

    The key is: do it............initiating legal action without a
    solicitor is an intimidating prospect.

    Might I suggest

    www.justclaim.co.uk

    A quite excellent site that will guide you through the various
    procedures.




  8. #8
    The Drone
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    In article <[email protected]>, Lobster
    <[email protected]> writes
    >[email protected] wrote:
    >> Lobster wrote
    >>
    >>> How long do people give these outfits before putting the boot in?
    >>> Anyone successfully gained cashbacks via the courts (or the threat of
    >>> using that route?). (I'm a fairly old hand at cashback deals, with great
    >>> success hitherto!)

    >> I suspect that 52 days (as of today) is long enough.

    >
    >Well that's my thought too...
    >
    >> Send them a "final letter before action" by recorded delivery informing
    >> them to pay up within seven days or you'll issue a claim via the small
    >> claims track of your local county court.

    >
    >Will do.


    I've not sued anyone myself but:

    In general the loser pays the winner's costs.

    For the avoidance of doubt, you might include in your "final letter" a
    point about them becoming liable for your costs if you have to initiate
    court action.

    >Presumably if the claim went through and the outcome was in my favour,
    >then the phone co would be ordered to pay for my fees, right? But what
    >happens if - as will probably happen in reality - they pay my cashback
    >*after* receiving a summons, but before the case is heard (Is that how
    >it works?) Do I have to kiss goodbye to my fees then?


    I would state "7 days" in my final letter but wait 14 days before
    initiating action to allow for any postal delays. That way no-one can
    accuse you of precipitate or fractious action.
    --
    Peter



  9. #9
    PL
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    Lobster wrote:
    > [email protected] wrote:
    >> Lobster wrote


    >> I suspect that 52 days (as of today) is long enough.

    >
    > Well that's my thought too...



    It would help your case to be sure of your facts. What do they say
    about the refund period in the terms and conditions you signed up to?

    I'm with E2Save and, without checking, I think they give themselves 60
    days from receipt of valid application.

    The moral to my tale is that you can't sue for breach of contract, if
    they...well, aren't in breach of contract.

    ..



  10. #10

    Re: Cashback deal unpaid - when/how to escalate claim?


    The Drone wrote:
    >
    > In general the loser pays the winner's costs.
    >
    > For the avoidance of doubt, you might include in your "final letter" a
    > point about them becoming liable for your costs if you have to initiate
    > court action.
    >


    The winning party can claim some costs. The amount of these costs is
    strictly limited.

    The winning party can claim:

    (a) any court fees paid
    (b) money to compensate for loss of earnings for themselves and any
    witnesses, up to a maximum of £50 per day
    (c) travelling and overnight expenses for themselves and any witnesses
    (d) the cost of an expert's fees, up to a maximum of £200

    In the OP's case, he won't be liable for anything if he loses.

    He will, however, be able to add to his claim (a) and (b).

    Because he's suing a company, the case will be heard at his local court
    so (c) is irrelevant and (d) doesn't apply.




  11. #11

    Re: Cashback deal unpaid - when/how to escalate claim?


    The Drone wrote:
    >
    > In general the loser pays the winner's costs.
    >
    > For the avoidance of doubt, you might include in your "final letter" a
    > point about them becoming liable for your costs if you have to initiate
    > court action.
    >


    The winning party can claim some costs. The amount of these costs is
    strictly limited.

    The winning party can claim:

    (a) any court fees paid
    (b) money to compensate for loss of earnings for themselves and any
    witnesses, up to a maximum of £50 per day
    (c) travelling and overnight expenses for themselves and any witnesses
    (d) the cost of an expert's fees, up to a maximum of £200

    In the OP's case, he won't be liable for anything if he loses.

    He will, however, be able to add to his claim (a) and (b).

    Because he's suing a company, the case will be heard at his local court
    so (c) is irrelevant and (d) doesn't apply.




  12. #12

    Re: Cashback deal unpaid - when/how to escalate claim?


    The Drone wrote:
    >
    > In general the loser pays the winner's costs.
    >
    > For the avoidance of doubt, you might include in your "final letter" a
    > point about them becoming liable for your costs if you have to initiate
    > court action.
    >


    The winning party can claim some costs. The amount of these costs is
    strictly limited.

    The winning party can claim:

    (a) any court fees paid
    (b) money to compensate for loss of earnings for themselves and any
    witnesses, up to a maximum of £50 per day
    (c) travelling and overnight expenses for themselves and any witnesses
    (d) the cost of an expert's fees, up to a maximum of £200

    In the OP's case, he won't be liable for anything if he loses.

    He will, however, be able to add to his claim (a) and (b).

    Because he's suing a company, the case will be heard at his local court
    so (c) is irrelevant and (d) doesn't apply.




  13. #13
    Flop
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    Lobster wrote:
    > [email protected] wrote:
    >
    >> Lobster wrote
    >>
    >>> How long do people give these outfits before putting the boot in?
    >>> Anyone successfully gained cashbacks via the courts (or the threat of
    >>> using that route?). (I'm a fairly old hand at cashback deals, with great
    >>> success hitherto!)

    >>
    >>
    >> I suspect that 52 days (as of today) is long enough.

    >
    >
    > Well that's my thought too...
    >
    >> Send them a "final letter before action" by recorded delivery informing
    >> them to pay up within seven days or you'll issue a claim via the small
    >> claims track of your local county court.

    >
    >
    > Will do.
    >
    > I'd probably use moneyclaim.gov.uk to issue the claim. Never done this
    > before - how much does it cost to do it? Can't seem to find the answer
    > on their site without actually registering and actioning it.
    >
    > Presumably if the claim went through and the outcome was in my favour,
    > then the phone co would be ordered to pay for my fees, right? But what
    > happens if - as will probably happen in reality - they pay my cashback
    > *after* receiving a summons, but before the case is heard (Is that how
    > it works?) Do I have to kiss goodbye to my fees then?
    >
    > Thanks
    > David
    >
    >


    Be careful.

    Check the T&Cs. BMP have changed their system ( I dont know how long
    ago). But previously, they stated that you were only to contact them
    after 56 days. Neither the earlier or current T&Cs define how quickly
    they have to pay.

    My experience was that they (BMP) were very slow with the first
    repayment and by return of post for the second.

    I suspect that they will try to lose some claims on first application.
    They do not have to pay out then for second or third.

    Usually, a 'Letter before Action' will dislodge the payment as -
    assuming they intend to pay you - they will not want additional costs of
    a court case. Nor the publicity that legal action will win - they could
    risk losing some of the applications that they have rejected as 'out of
    time' etc.

    best of luck

    Flop




  14. #14
    Lobster
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    Flop wrote:
    > Lobster wrote:
    >> [email protected] wrote:
    >>
    >>> Lobster wrote
    >>>
    >>>> How long do people give these outfits before putting the boot in?
    >>>> Anyone successfully gained cashbacks via the courts (or the threat of
    >>>> using that route?). (I'm a fairly old hand at cashback deals, with
    >>>> great
    >>>> success hitherto!)
    >>>
    >>>
    >>> I suspect that 52 days (as of today) is long enough.

    >>
    >>
    >> Well that's my thought too...
    >>
    >>> Send them a "final letter before action" by recorded delivery informing
    >>> them to pay up within seven days or you'll issue a claim via the small
    >>> claims track of your local county court.

    >>
    >>
    >> Will do.
    >>
    >> I'd probably use moneyclaim.gov.uk to issue the claim. Never done
    >> this before - how much does it cost to do it? Can't seem to find the
    >> answer on their site without actually registering and actioning it.
    >>
    >> Presumably if the claim went through and the outcome was in my favour,
    >> then the phone co would be ordered to pay for my fees, right? But
    >> what happens if - as will probably happen in reality - they pay my
    >> cashback *after* receiving a summons, but before the case is heard (Is
    >> that how it works?) Do I have to kiss goodbye to my fees then?
    >>
    >>

    > Check the T&Cs. BMP have changed their system ( I dont know how long
    > ago). But previously, they stated that you were only to contact them
    > after 56 days. Neither the earlier or current T&Cs define how quickly
    > they have to pay.
    >
    > My experience was that they (BMP) were very slow with the first
    > repayment and by return of post for the second.
    >
    > I suspect that they will try to lose some claims on first application.
    > They do not have to pay out then for second or third.


    Oo-er. In fact the BMP payment I'm waiting for IS the second payment,
    cos I screwed up the first one (misinterpreted their horrendous T&Cs and
    thought I had to apply one month later than I did, so I was out of time
    and didn't send it in). I couldn't see anything about invalidation of
    future payments though, but you've worried me know - where does that
    come from? (Either way SWMBO's application to is unaffected though).

    David



  15. #15
    Paul G
    Guest

    Re: Cashback deal unpaid - when/how to escalate claim?

    In message <[email protected]>, Lobster
    <[email protected]> writes
    >Oo-er. In fact the BMP payment I'm waiting for IS the second payment,
    >cos I screwed up the first one (misinterpreted their horrendous T&Cs
    >and thought I had to apply one month later than I did, so I was out of
    >time and didn't send it in). I couldn't see anything about
    >invalidation of future payments though, but you've worried me know -
    >where does that come from? (Either way SWMBO's application to is
    >unaffected though).


    http://www.buymobilephones.net/store...ms.ihtml?id=12
    Point 16.1 (in the current terms and conditions)

    "Acceptance of claims for the second and third installment will depend
    on acceptance of all previous claims"
    --
    Paul G
    Typing from Barking



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