Mobile Phone Refund

[annsummers]

I took out an 18month contract for a mobile phone. The deal was half price line rental for 6 months and after the 6 months lapsed i could get a refund for what i had paid, providing i sent them my bills. all this was sent to them, to find that the company had been taken over. Never the less, the new company are sending cheques out to all those who qualified. We orginally got told our cheque would be with us on 22nd deb 06. it never arrived, but we left it til new year (due to postal probs over xmas) rang them 5 times since and always have been fobbed off. They say its been sent out 3 times, then another person will say they are waiting for the director to sign the cheque. But the phone call i had yesterday with them takes the biscuit. I was told i had to now wait until 2nd march before the next cheque could be sent to me as they have to wait for income into their main account before they can process my cheque. Its on for �136 but i have waited so long and made so many phone calls its discusting. Why do they fob you off so much? i really dont believe i will receive this at all.
I need to know what i can do to help get this money. If i go to a small court to claim the charge would be �100 in total and thats not worth it. What else can i do?

[kpp62]

Hi annsummers,
I would say they are in breach of the contract that you sign with them, stateing you would be refunded your line renal, so terminate the contract with them. give them 30 days notice in writeing telling them why you are terminateing your contract with them. good luck.

[annsummers]

Am i able to terminate even thou i went thru a 3rd party? The contract is on the three network but i set the contract up with a company who sets the contracts up on behalf of three (if you understand that?)
When i have got in touch with three, they state that this is nothing to do with them and that i need to deal direct with the company i set up with. I am so confused and angry i dont know where to turn!

[mumtoone]

Even though the network is three,your contract is with the 3rd party, it definatly seems as though they have breeched the contract, therefore you are entitled to cancel the contract, make sure that any documentation you send is sent recorded delievery.
If you do take it to small claims court, there is a strong possibility that you will get the costs back.
Basically send a letter cancelling the contract ( if thats what you want to do), and also state that you have follwed all the correct procedures regarding the refund, as they have breached the contract you have no option to to proceed with court action, for the refund oweing, and any costs incurred, but as a goodwill gesture you will hold off court proceedings for 14 days.
Good luck