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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1158
Experience:  8 years legal experience
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We are located in northampton, Sorry but this isn’t what I’m

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Hello guys
JA: Where is this? It matters because laws vary by location.
Customer: We are located in northampton
JA: What steps have you taken so far?
Customer: Sorry but this isn’t what I’m looking for
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have an issue with a provider or providers and don’t know how to resolve this problem. We’ve taken up a contract for refurbished iPhone X through mobile phones direct who supplied us a phone from Mobile Reborn and network contract with O2. We are paying direct debit for this contract to O2. The situation we have is we’ve had issue with this iPhone X a month after receiving it. The screen has stopped working making the phone unusable so we gone through warranty process as per leaflet provided with phone which was saying Mobile Reborn is responsible for warranty. Due to this we have contacted them and explained what’s happened. They send as a warranty form to fill in and postage label to return the phone. We have boxed the phone in the same packaging we’ve received it and send it back. 10 days after the dispatch we haven’t heard from Mobile Reborn so we decided to email them as according to tracking number the revived the package 3 days after we sent it. The replay we’ve had from them was shocking. The wrote that they revived undamaged empty box and due to T&C’s the can’t help us. I understand no one can fix issue with phone that hasn’t been returned but we have sent the phone. I have replayed to this email saying we have sent it and if the box was empty then it’s been lost or stolen in transit but I also asked how come they received box without a phone they expecting for warranty repair and not even bother to contact the customer to ask what gas happen. They wrote we should open up a case with Royal Mail for lost item. We could not do this as it was service they paid for and send us postage label. I decided to call them and I spoke to Dylan who apparently is a director of this company and I asked him what they found in thIs empty box as it was weighted on post office as 500g whine posted. I did not get an answer. They said they will open up a case wit Royal Mail to check the weight of the parcel across the shipping. That was in February. We’ve not heard from them ever since. The wouldn’t answer our calls or replay to emails. We’ve shared our experience with their company on trust pilot giving them bad review and then they replied to our review saying that Royal Mail investigation has proven no weight change In transit and accused us for being doggy customers. That was beginning of May. They never formally replayed to us with this results and won’t even bother talking to us. We now paying £50/month contract for a phone we don’t have and O2 together with mobile phones direct won’t help. Looking at other reviews on web regarding Mobile Rebore it looks like we aren’t the first people treated this way by them. We had to buy a new phone for my wife for £1200 and still paying £50/month for something we only had for month before it broke and then vanished. We don’t know where to go and how to solve this as they don’t seem to be part of Ombudsnan Service or CISAS as they don’t appear on their list of registered traders. Any advice would be appreciated.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 1 month ago.
I’m happy to wait
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.

Customer: replied 1 month ago.
Ok thank you
I'll just wait to hear back from you

Hello thanks for your patience.

You are effectively paying for a service you are not receiving. This is a breach of your consumer rights, pursuant to the Consumer Rights Act 2015. I would suggest in the first instance you report the company to Trading Standards for their conduct and the unprofessional way they have dealt with this issue https://www.gov.uk/find-local-trading-standards-office

You clearly have evidence that you posted the phone back and there is no reason for you to send them an empty box and continue to pay for a phone you do not have.

What you need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why and confirmation of cancellation of the contract. You will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.

If payment is not received within 14 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

Due to the value of the claim you do not need a solicitor and can do this yourself. Once you issue the claim, interest will be added onto the amount from the day you issue until the date judgment is awarded. This is pursuant to section 69 of the County Court Act 1984. There will be an issue fee to pay, but you will recover this back.

It may very well be that the letter before action you send will make them pay promptly and you do not need to issue, but incase they don’t pay you, then the letter before action enables you to be able to start proceedings against them.

From what you have stated it is likely judgement will be granted in your favour and you will recover your money back. If they don’t pay after judgement has been awarded, it means you can then take steps through the court to enforce it against them.

Does this help? Please let me know if you have any further questions. Please also leave a rating for me. You can do this by clicking the stars at the top of the page. Thank you.

UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1158
Experience: 8 years legal experience
UK Solicitor John and 7 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you John
This is the answer I need
Regards

My pleasure, all the best. John.