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I am taking these people to court.

 

Recently I had an old Blackberry mobile to sell. A search online brought up Cash4phones as offering the best price of £51.00, so off it went to them. Few days later I received an email saying they had received but due to excessive wear and tear the offer was reduced to £17.00. This I knew was untrue as the phone was in pristine condition. When I tried to reject this offer they demanded £8.95 to return it.

 

 

On their website there are sections entitled "how it works" and "FAQ's". No where in these sections is the £8.95 return fee mentioned. No where on their initial email offering the £51.00 was this fee mentioned. Yes, it is in their T&Cs and yes I did check a box saying I agreed, but I still find this underhand.

 

I telephoned the company to tell them I was not happy and they said they will take another look and will call me back between 6.00pm and 7.00pm that evening. They did not call. Phoned them next day and they then claimed they had found further damage, the screen cover had been broken and glued. They emailed me pictures and I was horrified by what I saw. There was a huge scratch on the screen and the Perspex cover over the screen had been crudely glued.

 

Further calls were made, I told them I was rejecting their offer, I also emailed rejecting their offer. They tell me that the only way I can reject it is to do so via the page on their website. This would also mean accepting the £8.95 return fee. They say if I do not reject it in this way within 5 days they will deem it as that I have accepted the £17.00 which will be paid to my account and that will be an end to the matter.

 

I am very angry. Last night I completed the MCOL online form, I am taking this to court. If I have to drive down to North London to attend the hearing it will involve costs and a day off work. I don't care, this is not about the money anymore.

 

If you Google "cash4phones" you will come across many similar stories to mine. They are doing this everywhere. They need to be stopped.

 

So, what do you all think? Do I have a leg to stand on?

Edited by citizenB

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Everything you say makes sense. However, any chance that you took pics of the phone before you sent it off?

 

Because you are an individual, the claim will be heard in your court - not theirs - but it will be your word against theirs - unless they want to bottle it.

 

I would wait a bit and try to gather evidence.

 

Frankly I would look around the internet and start acquiring evidence. On a quick search I found some complaints already which match yours.

 

http://www.compareandrecycle.co.uk/forum/threads/489-Resolved-Complaint-Let-down-by-Cash-4-Phones

 

I would take screen shots and look elsewhere as well.

If you get enough of these, I think that a court will tend to accept what you say.

 

You could go for the big one - by sending them another phone - but in a different name and from elsewhere in the country - having taken pictures.video of it being sent off etc.

If you get the same experience then you have them - and a good story for the press as well.

 

If you get lots of screenshots, then I rate your chances as 85%.

 

Of course it may be that your phone is now damaged and you will want the money rather than the return of the phone.


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Unfortunately I have no pictures. But surely a court will see as suspicious the fact that it was only excessive wear and tear, then when I complained and they went for a second look hey presto the screen has been damaged and glued!

Also, it appears, reading their T&Cs, when I send my phone to them, I am making them an offer, even though they came up with the price, I have seen it suggested that this may be an unfair contractual term?

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I don't know who you have been talking to but you should simply accept my advice.

 

Follow all the links above and take screenshots of every complaint. Organise it all into a file.

 

The give the company 14 days to let you have the money they originally proposed or you will sue.

Then sue.

 

If they send you your phone back it may not be in the condition you sent it in.

 

I think that with all the evidence you get from the internet, the judge will probably agree that what you say, is probably true - and that is enough to get your judgment.

 

Come back here and let us know what you say.

 

It seems to me that anyone who sends their phone to Cash4Phones has Sh!t4Brains


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Threatening to sue is not an option, I have already started the process.

I will do as you say re the links, that's a good idea.

I don't agree with you that everyone who sends them a phone has sh!tforbrains. They were duped, as was I.

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Yes, you are right about what I said. Sorry - it was really just a quip but I do hope that others see it and it serves as a warning.

 

You are right - and that's the problem. There are heaps of decent people around who don't have a lot of money and they try to get by - but then they get taken for a ride by these kinds of schemes over which they have no control.

 

It is terribly unfair and of course, what is even more unfair is that the consumer authorities take very little interest - so we are all left to our own devices.

I do apologise, my remark wasn't intended to offend. I suppose that it a sign of the frustration which comes with running this site for 7 years and seeing these kinds of problems happening again and again - and it is getting worse.


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As you have started to sue - please will you post up your claim for and I'll let you know what I think.

Good for you for suing - because that's the other problem, most people don't bothered or are too scared to.

 

I expect that they will put their hands up - but I caution you not to accept the return of the phone.


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Also, if they defend - then let us see their defence.


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Thanks, will post any updates here.

To be honest, I expect them to collapse and pay up, but that's not good enough. They will be free to carry on. I want to stop them but am powerless to do so.

Such is life!

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Hi

 

This is a PDF copy of cash4phones Terms & Conditions and I must say their T&C under "The Sales Process" is an interesting read as right at the start they state "The website provides price guides for Goods. Any such price guide is not a contractual offer, it merely indicates the price the Company may be willing to pay for Goods".


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On their website are 2 pages. One is called "how it works" the other is FAQs. Either would be a good place to mention the £8.95 return charge, but no, they want to hide it away in their T&Cs. Legal I am sure, but morally it stinks!

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Minor update.

I have noticed on my account that the offer of £17.86 has now been marked as "accepted" even though I haven't. Payment is marked as "pending". I suspect they will make a payment of £17.86 into my account. In anticipation of this I have sent them an email that reads as follows:

 

"Despite the fact that I have informed you that your offer of £17.86 is not acceptable for my phone, you have marked on your website that I have accepted it. This is not the case. If you transfer £17.86 into my account knowing full well that I am not selling my phone for that amount, then it will be accepted as a gift not related to this transaction. By transferring this money into my account you are agreeing that this is a gift."

 

Probably cannot do this but thought I would try to make them think twice before trying to close the case.

 

Court website shows that the documents were issued 01-03-2013 and will be considered served 5 days after this date, no word yet from cash4phones however.

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Had an email from www.sellmymobile.com, this is the site that identified cash4phones as offering the best price. and I had previously reported cash4phones to them.

Read as follows.......

 

 

I spoke to cash4phones and they assured me that they were dealing with your enquiry.

Can you please confirm that you have received correspondence from them?

 

Thank you

Kind Regards

 

Claire Stevens

Customer Services

 

I replied that they have failed to respond to any of my emails, phone calls, or indeed the court summons itself.

 

On the subject of the court summons. The company I am sueing is Cash4phones, this is not a company in itself but appears to be owned by C4P (Holdings) Ltd of the same address. Should I have sued this holding company? Why would they operate in such a way, is it some legal way of hiding from their responsibilities perhaps?

 

Thanks

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One more thing......

Spoke to Kim today, she tells me that as I did not go onto their website and use the form to reject the low offer (and having to accept the £8.95 return charge as a consequence), then they deem me to have accepted it. I wonder if this will form part of their defence?

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Just had cash4phones ring me. Seems they got the court papers through today. His offer was that they will return the hand set to me at their cost. Thats it, nothing else.

I am supposed to accept it back in its damaged state and swallow the courts costs. Don't think so mate!

He is now saying that they are happy to proceed to a court case and are confident of winning.

My reply was " see you in court"

So, anyone rate my chances?

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As long as you have a good file of similar experiences drawn from the internet, then your chances of success are very high.

 

Don't forget that you have to persuade the judge that you are probably right.

 

I expect that they will bottle it in the end.


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Just received the following:

 

 

 

From: info@cash4phones.com

To: @hotmail.co.uk

Date: Thu, 7 Mar 2013 08:45:26 +0000

Subject: Cash4Phones - Payment Confirmation

 

 

 

Dear Xxxxx

 

You'll be pleased to know that we have made a bank transfer of £17.86 in to your bank account number ending xxxx0000 towards the payment of your mobile(s). You should receive this amount in your account in the next 3 to 5 days, however in really busy periods it may take longer.

Please allow 7 to 10 working days from the date of this e-mail before contacting us if funds don't reach your account.

 

We endeavour to operate a prompt and efficient process and hope you are pleased with the way we have dealt with your order.

 

If you are happy with the service you have received then please feel free to recommend us to your friends, relatives or colleagues.

 

We are always striving to ensure 100% customer satisfaction and appreciate any comments whether good or bad.

 

Once again, thank you for choosing us and we hope you use us again when your next phone is ready to be recycled.

 

Kind regards,

The Management Team

Cash4phones

Phone: 0845 460 1064

Website: http://www.cash4phones.co.uk

Please do not reply to this email as it is not monitored.

Cash4phones is a trading name of C4P Trading Limited, a company registered in England

(Company No: 06300042)

 

They seem to be trying to ignore the court issue and have proceeded as if I had accepted the stupid low offer, which I have made very clear to them that I have not. Anyone got any suggestions as to how I should respond?

 

Many Thanks

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Just send them a brief written note making it clear that you have not accepted any sum in settlement and as they have decided unilaterally to make a payment to you, that this is accepted "on account", that the claim has been issued - no.XXXXXX and that you will be proceeding against them for the balance plus the costs of the claim.


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We still haven't seen your claim form.


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Will post up later today

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Claim

Claim number3QT2XXXX

Issue date01/03/2013

ReferenceCash4phones

 

Claimant

Mr

 

First Defendant

Cash4phones

15 Gateway Mews

Ring Way

London

N11 2UT

 

Particulars of Claim

Cash4phones offered £51 for my used handset.

It was despatched to them. Several days later

they claimed it was excessively damaged and

reduced the offer to £17, when I tried to

reject this offer they demanded £8.95 to

return it to me.

No mention of this charge was ever made clear

to me, it is also not mentioned in the

instructions on thier website.

They refuse to return my handset unless I

pay.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 25/02/2013 to 27/02/2013 on

£87.50 and also interest at the same rate

up to the date of judgment or earlier payment

at a daily rate of £0.04.

 

Details of claim

Amount claimed£62.50

Court fee£25.00

Total amount£87.50

 

Signed

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Basically its £51 for the phone, £12.50 phones calls, £25.00 court fee.

They have yet to file a defence.

 

Thanks for all your help so far

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I don't want to demoralise you but you have missed off the salient aspects of your complaint. I don't know why this might be.

 

This is mainly that the phone was in pristine condition and that they later claimed that it was in damaged condition - and then required a previously undisclosed fee for returning it.

 

I think that once the claim has been deemed served, that you should serve them directly with a more detailed particulars of claim.

 

What is the date of deemed service?


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As per advise, I have also sent this email......

 

Ref: xxxxxxxx

I refer to your email this morning advising that you intend depositing £17.86 into my account in relation to the above.

Please note that I have not accepted any sum in settlement. As you have decided unilaterally to make a payment to me, this is accepted "on account", the claim has been issued - No. 3QTXXX and I will be proceeding against you for the balance plus the costs of the claim.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2335 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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