Unenforceable agreement?

[PHlL]

So try and keep it as short as possible.

I have been ongoing with a huge PLC for the course of 12 months over £150.

It was a deal whereby I took out their service, and in return they would send a cheque to you for £150.

I've exchanged 92 emails, and hours of calls and have still not received said cheque. I have been given endless excuses, as well as being accused of trying to steal from them as a cheque had been cashed - this transpired they'd sent it to the wrong customer.

I've given them plenty of time, and should I have known it would waste so much time I'd have never even tried to complain in the first place - but I'm too invested in this now.

Anyway, today marks the point our 12 month agreement ends and I have still not received this cheque. I believe they've not provided the goods I purchased due to this despite giving them amble time so want to submit it to small claims court.

I was just researching it more, and I dare say this borders on being an unenforceable agreement and could try and claim back all of the monies I've paid but doubtful that is the case.

Would this constitute as one or it's a case of only claiming for this magical £150?

[Cyberprog]

One could say they had breached their contract with you, so you may be able to sue them for the monies paid to date for the service and the £150. Might get their attention at the least...

[Vaud]

I would:

1 ) write a "letter before action" - guide here: https://www.citizensadvice.org.uk/consumer/going-t...

2 ) find the CEO's email address on http://www.ceoemail.com

3) post and email the letter before action to the above

[blindswelledrat]

PHlL said:

I was just researching it more, and I dare say this borders on being an unenforceable agreement and could try and claim back all of the monies I've paid but doubtful that is the case.

Would this constitute as one or it's a case of only claiming for this magical £150?

Believe it or not, the answer is that it does not really matter.
A huge PLC will almost certainly not spend the £1k or so it would need to spend to fight you in the small claims court. It doesn't even matter if you're in the right or wrong.
I would put money on the fact that if you bought an action for whatever you want and act stubborn but polite when their solicitor tries to come to an agreement, you will settle on an amount you are happy with.
I tested this theory recently with Turkish Airlines and they paid me £1000 despite their terms and conditions having a maximum liability for late baggage of £500 or similar and despite the fact that I had initially only asked them for £350 for direct costs as a result of the late baggage.

[PHlL]

Vaud said:

I would:

1 ) write a "letter before action" - guide here: https://www.citizensadvice.org.uk/consumer/going-t...

2 ) find the CEO's email address on http://www.ceoemail.com

3) post and email the letter before action to the above

Believe you me, I have tried. I've been dealing with their exec team for over a year and they just never sort it.

I submit an N1 form today. What's frustrating is the service they provide is good and I'm happy with it, they just straight up haven't done as we agreed.

[Steve H]

Exec team is often just the term they use for the dude on the next desk doing the same job with the same remit and same authority .