Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #61
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    Default Re: Mobile Phone Xchange - probs?

    If you have 5 minutes, please can you call Consumer Direct and log the call with them - they will open a case and note that you are dealing with this, but the information will be passed on to Trading Standards to monitor and deal, as have the previous complaints made to them.

    Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
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  2. #62
    Basic Account Holder primrose57 Novitiate

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    Smile Re: Mobile Phone Xchange - probs?

    Will call them now!


  3. #63
    Basic Account Holder llcoolg10 Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    They've been posting on another forum as a "happy customer" too, guess internet word of mouth really does worry companies eh?

    There must be some profit to be made off these handsets if its worth this amount of hassle


  4. #64
    Basic Account Holder vickij Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    i have just joined this site as wish i had read all your posts before i sent my phone to this company. they offered me £53 for my phone i sent it recorded delivery and they have now offered me £9 for my phone saying the touch screen is damaged which i know it is not as i kept it in a case with a screen protector on it. i have phoned and e mailed them and i refuse to pay them £10 to get it back. the man on the phone had the cheek to ask if i wanted to pay £20 as a good will gesture!!!!!!!!!!!!!


  5. #65
    Basic Account Holder primrose57 Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Hi
    After paying my £10 reluctantly and phoning more than once every day I eventually received my iphone back which according to them had faulty buttons and so scratched needed a new screen but was as I said in such good condition that I sold it on ebayicon for £230!! - I wish I had never come across this company- they are rubbish!!


  6. #66
    Basic Account Holder spacebaby Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    I wish I had found this forum last week - I had an Nokia N96 is near perfect condition - they quoted £103 online so I paid the £5.50 to send it registered to them and awaited the cash in my bank account. It never arrived so I checked back on the site to find to my horror that the phone had been accepted but the payout was just £21.

    Checked my email and finally found an email buried with all the spam which at first glance is just a confirmation email confirming they have received the phone but when you then scroll down through it you find at the botton a report which claims the phone was faulty - keys not working, not powering on, screen faulty etc all of which are fake claims. The email was sent late on Tuesday and gives me 3 days to reject the claim - I take this as Wed, Thu & Fri as you have to assume an email sent late Tues won't be received or viewed until the following day at the earliest and their email also said I had until Friday 7th to contact them. I replied to the email to reject but it came back later as an invalid email address - they send out their bogus fault emails using a no reply email account - clever. I then tried calling but couldn't get through, finally I got a message saying they were closed.

    I found another email address on their website so have emailed them saying I want the phone back or else, especially as they said I've got 3 days to reject and it's still day 3 as far as I'm concerned, just because they have gone home isn't my problem. I've also threatened Trading Standard and Watchdog if they don't respond as their claims of the phone being faulty are false and in my opinion a criminal act.

    Also checked their T's & C's and to be honest, I can't see how they can be legally binding - They state that if your phone is faulty they will send you a counter offer by email or text - both of which offer no guarantee of deliver but here is the bit which I find hard to believe can be legally binding - they then go on to say that they are not responsible if you don't receive your email/text for whatever reason. Isn't this a license to just make up false reports, claim to email people and then claim they didn't respond so they get to keep a perfect phone and the sending receives a payment which barely covers the cost of postage??

    These people deserve to be behind bars. It will be interesting to see what reply I get, if any... Either way I'm reporting them for fraud seeing as many other people on this forum have had the same bogus fault report.


  7. #67
    Basic Account Holder Greener7979 Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Whatever you do - do not send a mobile phone to a company called mobile phone xchange (Sell, recycle and get cash for you mobile phone - Mobile Phone Xchange).

    I sent them my genuine Apple Iphone 3G which they said they would give me £170 for, I then got an email saying that the phone is a fake and that they would give me £0 for. It was bought in the apple store and is definitely not a fake!!!!

    I have not been able to get in touch with anyone at mobilephonexchange since and I believe they are now selling my phone themselves and I will not see it again.

    Just a friendly warning incase anyone is thinking of sending to them...DON'T unless you want to be ripped off!!!!


  8. #68
    Basic Account Holder llcoolg10 Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Quote Originally Posted by Greener7979 View Post
    Whatever you do - do not send a mobile phone to a company called mobile phone xchange (Sell, recycle and get cash for you mobile phone - Mobile Phone Xchange).

    I sent them my genuine Apple Iphone 3G which they said they would give me £170 for, I then got an email saying that the phone is a fake and that they would give me £0 for. It was bought in the apple store and is definitely not a fake!!!!

    I have not been able to get in touch with anyone at mobilephonexchange since and I believe they are now selling my phone themselves and I will not see it again.

    Just a friendly warning incase anyone is thinking of sending to them...DON'T unless you want to be ripped off!!!!

    Send them a letter recorded delivery asap, they wont answer your calls or emails. They have no right to sell your phone on, genuine or not unless u consent. Also get onto consumer direct for some advice as it gets logged in a case file and forwarded to Trading Standards, and by the sounds of things its gonna end up a big file!


  9. #69
    Basic Account Holder chesham Highly informative chesham Highly informative chesham Highly informative chesham Highly informative chesham Highly informative chesham Highly informative

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    Default Re: Mobile Phone Xchange - probs?

    I originally started this post this in the hope that search engines would pick up this thread and people would see it!

    However, if you have had a problem with them, then follow the above steps - get in touch with Consumer Direct, make a complaint and follow it through!! Grrr!

    Here is a templateicon letter that worked for me and feel free to edit and do whatever needs doing.


    Mobile Phone Exchange
    Mountcliff House
    154 Brent Street
    London
    NW4 2DR

    Re: Order Number XXXXXX

    To Whom It May Concern,

    I write to you with regards to my mobile phone, which was sent to you on [date]

    Prior to sending my phone, I registered my details with you and requested a freepost envelope to send you my phone. I received a quotation for [£xxx], to which I responded and duly packaged and sent my phone as instructed by Recorded Delivery to you.


    After receiving the phone, I have received an e-mail from you advising that the phone was damaged and that you were offering a reduced price of [£xxx] - EDIT - change this part to suit your circumstances (i.e. reduced price, worthless, it's a fake etc).

    On receiving this e-mail, I followed your instructions on e-mailing you if I did not agree with the prices, and requested that my phone be sent back to me. I received an e-mail advising that you would not return my phone to me, and that you would consider re-negotiating a price for my phone.

    However, I rejected this and asked for my phone to be sent back to me. My reasons for requesting this are as follows:

    • The phone was packaged securely in bubble wrap and thick padding to ensure that no damage could be done whilst in transit.
    • You claim the phone was damaged in transit, therefore I need evidence for Royal Mail for them to investigate this issue, as it was they who packed the phone.
    • The damage to my phone will not cost the difference of £xxx to repair.
    • One internet forum suggest that more than 50% of persons who send their phone in receive lower offers due to “damage” to their phones (these details have been sent to the Office of Fair Trading)

    Therefore, I request again that my phone is sent back to me at my home address within 14 days of this letter. No contract has been entered into as I have NOT accepted payment nor have I accepted any other mount which you have offered. Consequently, the phone is still legally my property and I will now take steps to recover it.

    The Supply of Goods and Services Act 1982 require a supplier of a service to carry out that service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge. Under this act, any term which seeks to impose terms or conditions which restricts or excludes a consumer’s rights in regards to a supply of goods and/or services may be deemed as reasonable or unfair.

    You have informed me that under your terms and conditions, I am not entitled to receive my property back. However, as no money has been exchanged and no offer has been accepted, you have no legal right to exclude my right to the request of my property to be returned.

    Therefore, I would request that if you maintain the phone arrived damaged, you provide evidence that the phone was damaged prior to it’s delivery to the address on the label. I have evidence to show that the phone was in perfect condition prior to it being sent, and that sufficient packaging was used to send the phone to you.

    At this present time, you are in breach of contract of the service you purported to provide due to this breach, I am not confident that you will execute your responsibilities under contract. Therefore, I now wish for the phone to be returned to me. As previously advised, I am happy to make arrangements and pay for the costs of its return to myself. Should you ignore my rejection and send payment to me, this will be immediately returned to you, but will not negate the 14 days from this letter in which I am requesting my phone to be returned to me.

    Should this not happen within 14 days, I will have no further choice but to issue legal proceedings for the recovery of my property and other associated costs.

    Please note that this letter has been drafted following advice from the Office of Fair Trading who has allocated this case a reference number of XXXXXXXXXX.

    I await your prompt reply.


    Yours Faithfully,



    JO BLOGGS

    Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
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  10. #70
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    Default Re: Mobile Phone Xchange - probs?

    NOTE: Until their offer is accepted, there is no formation of a contract - this includes a cheque received, and formation is not until you have banked it. In the case of bank transfers, there is a grey area as they will argue that the transfer of money indicates the formation of a contract and the transfer of property under a sales contract has been completed - WRONG! Contracts form after consideration (i.e. money has been transferred) AND offer and acceptance completed; they may have offered, but they will not be able to prove that you have accepted AS LONG as you respond to the initial estimate in a negative way.

    Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
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  11. #71
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    Default Re: Mobile Phone Xchange - probs?

    And the letter which got my result:

    Mobile Phone Exchange
    Mountcliff House
    154 Brent Street
    London
    NW4 2DR

    FINAL NOTICE BEFORE LEGAL ACTION

    Re: Order Number XXXXXX

    To Whom It May Concern,

    I write to you with regards to my previous letter dated [date], a copy of which is enclosed.

    In this letter, I made it perfectly clear that I was not happy with this situation, and gave you a reasonable amount of time in which to rectify the situation and by which means. You have failed to respond, and have failed to rectify this situation.

    In order to rectify the situation, I request that you address the following points: [edit where necessary]


    · The mobile phone is to be returned to myself. I will absorb the costs incurred for it to be delivered back to me. If this is not possible, you must explain why the phone cannot be returned.
    · Your reason why you have transferred the sum of £XXXX into my bank account/cheque made payable to myself for £XXXX, after I made it perfectly clear in my e-mail to you (which you have acknowledged by reply) that I was not happy with this amount. This amount has now been frozen, and will remain so until this matter is dealt with.
    · Should the phone not be returned to myself, then I request that you send the sum of £XXX to me by way of a cheque (made payable to myself) or by BACS transfer (with a remittance advice posted immediately to my home address) for the outstanding amount based on the original quotation.


    I have been left with no other option but to look into seeking legal redress through the courts. This letter hereby gives you notice that, unless this matter is resolved within 10 days, I will instigate legal proceedings without further notice. The cost of this will be added to my claim, in addition to any incidental costs and interesticon (where appropriate).

    Yours Faithfully,



    JOE BLOGGS

    Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
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  12. #72
    Basic Account Holder logixhel Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Quote Originally Posted by Greener7979 View Post
    Whatever you do - do not send a mobile phone to a company called mobile phone xchange (Sell, recycle and get cash for you mobile phone - Mobile Phone Xchange).

    I sent them my genuine Apple Iphone 3G which they said they would give me £170 for, I then got an email saying that the phone is a fake and that they would give me £0 for. It was bought in the apple store and is definitely not a fake!!!!

    I have not been able to get in touch with anyone at mobilephonexchange since and I believe they are now selling my phone themselves and I will not see it again.

    Just a friendly warning incase anyone is thinking of sending to them...DON'T unless you want to be ripped off!!!!
    Get back in touch with them and tell them to return your phone - they have no right to keep it and as such is theft. Even if they insist on you paying for it's return at least you can re-sell your phone yourself.


  13. #73
    Basic Account Holder Delboy2424 Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    For my tuppence worth:

    Complete rip off site - basis being:

    Offer above and beyond most other sites dealing with your phone sale - Enticing the customer
    Offer you less than the value more often than not with apparent cosmetic damage before or in transit Leaving you in a quandary - sell or return
    Charge you £10 to return your phone Make you feel as if it worth the hassle
    Counter you with a "goodwill" gesture Still under the value of the phone but enough to make you think

    My story:

    Sent my phone - valued at £90 - a "minor" surface scratch to phone - fully sealed and foam packed sent special delivery - £6
    Got valuation at £60 - due to "excessive screen damage" and facia damage (go figure based on others experiences here....)
    Phoned to complain - within 10 seconds I was offered a £10 gesture of goodwillicon, not even a discussion about it - Customer support had not even seen the phone (apparently)

    Value now £70 or £10 to return... the quandary now is ebayicon, I know I could get £80-£100 for this phone easy...do I take the chance and sell or pay another £10 to get it back - £16 spent on postage....I decided to sell but...


    In my opinion, they clearly are looking at bringing you in with a big offer, then have no intention of paying you anywhere near - ok you can argue I got £20 less, but believe me it was not a £20 deduction imo but I cant be arsed with the hassle...this likely to be the case for most people who want "something" for their phone but not to be ripped off - I am guessing they are working to margins having reviewed some of the stories on here and a circ 20% drop in price in my case probably underlines this.

    They know they have you by the [naughty word] from the off due to the fact you arent going to pay nearly £20 to get your phone sent and back again...I still find it amazing the guy said (Clarence Clinkett) - "it is a known issue with under values and complaints so we offer the gesture of goodwillicon all the time, I dont need to see your phone.." - underlines everything to me.... THEY HAVE NO INTENTION OF PAYING YOU ANYWHERE NEAR WHAT YOU BELIEVE YOU CAN GET

    Hopefully this will help someone out in making a decision - in all cases there are good and bad service, but for me I wont be revisiting them again in a hurry...if you also think this is the only site with irrate customers check out this forum.... http://forums.moneysavingexpert.com/....php?t=1572229


  14. #74
    Basic Account Holder Samantha84Lynch Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Quote Originally Posted by oldmanofhoy View Post
    I purchased a new Nokia E72 as a replacement for my Nokia E71 and rather than sell my Nokia E71 privately I decided to give Mobile Phone Xchange a try. I submitted my E71's IMEI number as required and I received an offer of £99.00p for the phone by return. I decided to accept the offer and posted off my E71 by Special Delivery. I waited three days and I then received an Email from Mobile Phone Xchange telling me my phone had been accepted and the £99.00p quoted would be paid into my paypalicon Account when a further three days had elapsed from the date I received the acceptance Email Exactly three days later on the 4th March 2010 I received a notification from Paypal that Mobile Phone Xchange had paid me £99.00p which I have now transferred into my Bank Account. In conclusion I would stress that the above account of my dealings with Mobile Phone Xchange is genuine and hopefully it might help to set somebody's mind at rest.

    I did the exact same thing. Upgraded to a Nokia E72. Sent MPX my Nokia E71. Was offered £91 initially. They then claimed it was water damged and offered me nothing! That was a week ago. I have tried emailing and ringing to get my phone back but I'm getting nowhere. I'm davasted that this company has ripped me off completely and shamelessly.


  15. #75
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    Default Re: Mobile Phone Xchange - probs?

    I hope you have all reported them to Consumer Direct? The file must be spilling over by now...

    Out of interesticon, I recently sent the same (make and model) phone to Mazuma mobile, and got the money the next day - exactly what was quoted. And they even promise to send it back free if you disagree with their price. Hopefully, someone will read this thread before sending their phone!

    Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
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  16. #76
    Basic Account Holder marmy261 Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    another unhappy customer here - was offered £80 for a good as new phone, then when I sent it off, the valuation was reduced to £40 due to cracked case - which is rubbish! Man on phone upped offer to £55 - so we will see if that materialises! Wont be using them again thats for sure


  17. #77
    Basic Account Holder caspergrimaldi Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    i sent them my iphone 3G, works perfectly, no scratch or anything. It was quoted £134.
    They received it fine but emailed me saying they are willing to offer me £0.

    Of course they put no reason so I get angry. Try to call, no one picks up the phone. I email them and I do get a reply saying my phone is STOLEN and therefore they cannot offer me money for it NOR send it back to me!!!!

    Are they kidding?!! I replied back with my thoughts on the situation and that I've had this hone for a year and half, and was using it as pay as you go. i bought it off a friend (who is still a friend and has a 3GS now) and he never declared it stolen or lost. Plus this phone, when he sold it to me, was not attached to any provider anymore, so there was no way to declare it stolen.
    I also asked for a proof of what they said, they replied back that they pretty much don't care and of course didn't provide proof. I replied again, 6 days ago and still no answer.

    I am definitely going to Trading Standards.
    Tks for this forum topic.


  18. #78
    Basic Account Holder lexallan Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Is anyone still having problems with MPX? Last post was March last year.

    Unfortunately, I read this forum two days after receiving my revised offer of £88, for a HTC Desire S in immaculate condition, original offer was £142. It was well packaged and sent special delivery (£5.90), but they have quoted the old chestnut that my screen was suffering from 'excessive wear and tear'. Utter crap, the phone was like new!!!

    I have rejected their reduced offer via email and will keep you posted on what transpires

    Thanks to all who have posted advice on this forum, especially 'chesham', I feel better prepared to deal with these charlatans.

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  19. #79
    Basic Account Holder lexallan Novitiate

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    Default Re: Mobile Phone Xchange - probs?

    Hello everybody,

    Promised an update, so here it is.

    I think I was quite lucky, I got the full £142 originally offered, deposited to my bank account. However, they did only pay the reduced offer of £88 (after ignoring my emails advising my refusal to accept this revised offer), they then paid the remaining £54, but only after I sent a further email and phoned and spoke with marc walters.

    My phone: HTC Desire S, used but in fantastic condition, apart from the slightest scratch on the top left corner of screen it was unmarked, perfect working order, restored to factory settings, battery fully charged.

    Would I use mpx again in the future... No. I did end up getting a good price for my phone, but it took a number of emails, a telephone callicon, and I'd posted the 14 day return draft letter (mentioned previously in this thread) by recorded delivery, this letter was not needed in the end, but did no harm sending it anyway.

    I thought I'd done my research by visiting comparemobilephonerecycli ng.co.uk, mpx gets a rating of five stars, they also offer the best quote. Why do they get a five star rating? I would like to think there is a number of satisfied customers of mpx out there, but going by my own experience and other disatisfied customers listed on this site and also other forums, there are quite a few people who would certainly not give mpx a five star rating. I have concerns regarding the acuracy of 'ratings' on some comparison websites.

    There are a number of phone recycling companies that don't charge you £10 to get your phone back, reduce their original quote if your phone is scratched, and answer the occasional email.

    They even sent me an email after everything got sorted, asking me to refer a friend to mpx. Ha ha ha ha ha ha... Ha, mpx take comedy too far!

    Prior to mine there's not been any posts for a while, this could indicate that there are fewer dissatisfied customers, who knows. I'm only commenting on my own experience, that bares striking similarities to the experience of many members of this forum.

    ATB


  20. #80
    Basic Account Holder virgopunk Novitiate

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    Angry Re: Mobile Phone Xchange - probs?

    Well,
    it would seem that I'm one of the latest victims of MPX's rather dubious business practices. Briefly, I had a quote of £115 for my Samsung Galaxy S in spotless condition, sent via Special Delivery in their own packaging, recieved a revised quote of £70 due to a "cracked battery case". Contacted them they said they get the phone rechecked and get back to me in 24 hours. Three days later no response. So I called and spoke to a crap customer service advisor who said he'd speak to his supervisor. Two minutes later he said that they could offer me £83. I refused and saked for the phone to be sent back along with a photographic evidence of the damage (so I could claim on the Royal Mail insurance. The photo I received showed the smallest of scratches, which I'm positive wasn't there when the phone was posted and couldn't have happend in transit due to the nature of the scratch. I also couldn't be sure the photo was of my phone and I wno't know that till I get it back.

    The customer advisor said that they would never use a phone recycling company and that they keep their old phones. I found this a very strange thing to be saying. He said that if I wanted the phone back I'd have tp pay the adminicon charge of £10 but this could only be paid by cheque or paypalicon. When I asked for the PayPal email address he said that only his supervisor could give me this info and that he had just gone into a meeting (depsite the advisor speaking to him just two minutes earlier). He gave me the name of his supervisor as Andy Douglas and said he would call me back within 24 hours.

    It was then that I thought I'd check out thsi site for any similar experiences with MPX...well what a surprise to find that they've been doing exactly the same thing to many other customers for several years!!

    Here's what I think:
    They offer a great quote to come up in any comparison sites thus ensuring they get the lions share of customers. They then revise the quote and hope that the additional sweetner will be enough to secure your phone, despite this being considerably less than the original quote.

    I'm sure they think "Well they probably got the phone for free so what do they care".

    They then make it extremely difficult for you to get your property back by utilising delaying tactics and crappy returns policy hoping that will also secure your property.

    End result? They make a huge profit on the phones sent to them knowing that they have you via their questionable T & Cs.

    I've written to them via their basic email address but I'm also sending a copty to Marc Walters via recorded delivery. Their business practices suck and appear almost like a virtual mugging.

    What's so wrong with expecting a decent service from a business? Particularly one that counts vodafoneicon as one of their customers?

    I only wish I'd investigated MPX via this site before getting involved with them. I expect I'll continue to struggle with them for the next few weeks to get either the original quote or my property back.

    What I find very worrying is that it seems like the phones are either damaged on purpose by someone (as I said my phone was in mint condition before posting) or that or the damaged was caused by Royal Mail Special Delivery in a padded envelope. But why would MPX not state that the phone arrived in damaged packaging? If I make a claim on the insurance, since this would be the logical thing to do, could it be said that MPX are also defrauding Royal Mail if the damage didn't occur en route? Obviously I have no way of knowing exactly how my phone was damaged but, to keep from being too paranoid I would have to assume it was in the Royal Mail system...wouldn't I?

    Just another example of the culture of rip-em-off and get what you can from them that seems to be the culture among so many businesses in this country nowadays.



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