cash4phones latest idiot to send them my phone

[Bibbsy]

Hi, I'm new to forums and I don't really know how they work, so I'm sorry if writing this is the wrong area.

 

As my title explains I stupidly sent this company my phone without researching them first! I sent them my phone at the beginning of September as they were offering more than the other companies (£75) I knew they would probably lower their offer as my phone had a couple of scratches, however they lowered it to £24.52, so I paid the £8.95 return fee to get my phone back on 12th September. When I didn't receive my phone I sent an email to them, I then received a phone call on 19th September and the caller said there had been a mistake and they could offer me £55 plus my return fee back, I accepted this and was told payment would be in my account in 72 hours, needless to say after many emails back and forward, me demanding my money and them blaming technical difficulties I still do not have my money, I also asked for them just to return my phone instead and they said they couldn't because they had already recycled it.

 

I would like advice as to what to do know, I'm willing to do whatever it takes so they don't get away with it!!

[BankFodder]

Sue them in the County Court.

Once they receive the papers, you will get your money and the court fee very quickly

[AndyOrch]

Hi Bibbsy and welcome to CAG

 

Thread moved to the appropriate forum.

 

Regards

 

Andy

[Bibbsy]

Thanks Andy

 

BankFodder: How do I do that? Never done anything like this before!

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress

[Bibbsy]

Thanks! I'm going to give it a go.

[AndyOrch]

You must issue a letter before action Bibbsy giving notice of intended litigation.

[Bibbsy]

How's this? (I have left out my name and address, but will add it in before sending)

 

Cash4phones

15 Gateway Mews

Ring Way

London

N11 2UT11

11th November 2013

Letter before court claim

Dear Sir or Madam,

Re: Payment for phone to be recycled, Ref 20345485

I have not received payment for my Sony Ericsson Xperia Arc, which from your last email you said would reach me by 8th November 2013. I originally sent the phone to you on 10th September 2013, you then changed my offer from £75 to £24.52. I then paid £8.95 to get my phone returned as I didn’t want to accept the £8.95. On the 19th September you the called to say there had been a mistake and offered me £55 plus the return of my £8.95 fee, which I accepted and was told payment would be with 72 hours. When I did not receive payment I emailed you on 1st October 2013 and was told that my “file was moved over to the accounts department” and needed to wait 7-14 working days for payment, again this payment did not appear. On the 14th October I requested that you return my phone but you said “we cannot return your handset as it has been recycled”. I have sent 2 further emails asking for payment the last of which you replied to on the 28th October promising payment by 8th November, which again did not happen. I am once again requesting a full payment for my handset and return fee totalling £63.95.

I would like a reply as soon as possible so that I know you have received this letter. To avoid taking court action I am willing to accept full payment by 28th November 2013.

If I do not receive a satisfactory response and payment from you before 29th November 2013, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours faithfully