Overdales Solicitors Claim - Mobile contract cancelled

[echat11]

A settlement offer from OD - Lump sum of £500 or 2 x monthly of £300 offer valid until 23/05/2026

It's clearly up to you. You should still get the opportunity of Mediation at some point in the process.

[arrob]

Hi, MyN180 questionnaire seems to have been lost in the post but I've got another copy today from CNBC and still within the time limit to return.

Just to confirm, should I go for small claims track and determination without hearing?

[echat11]

Hi, MyN180 questionnaire seems to have been lost in the post but I've got another copy today from CNBC and still within the time limit to return.

Just to confirm, should I go for small claims track and determination without hearing?

You want Small Courts Track with Hearing.

You can email it to the Court, but make you've got the correct email address.

Subject line Claim Number - Defendants Directions Questionnaire - XXXXXXXXX v XXXXXXXX

[arrob]

A letter from Overdales over the weekend.
"Three Mobile confirmed that: 1. You contacted Three Mobile on x/x/21 to return the device and cancel the contract within the cooling off period 2. You were informed that a return bag will be provided to return the device and once the device was returned the agreemennt would be cancelled 3. You however failed to return the device therefore the agreement remained active and you were liable for the early termination fee."
I did receive a 'return bag' and I still have the letter that came with it asking"The Very important bit - Make sure it's returned as new and unused" etc Unfortunately, what it did not state clearly is which of the two identical devices they expected back! The routers were only distinguishable by imei address and there's nothing in the letter to say it's important that I send a specific one.
What I think happened (but as three did not contact me to say they had received the wrong imei device at any point, so it's a bit of guesswork on my part) I sent one of the E5783 routers back as they requested, but when they scanned it, it didn't match the imei/serial number they were expecting.and didn't contact me to let me know.
Do I discuss this with overdales at this point?

[echat11]

A letter from Overdales over the weekend.
"Three Mobile confirmed that: 1. You contacted Three Mobile on x/x/21 to return the device and cancel the contract within the cooling off period 2. You were informed that a return bag will be provided to return the device and once the device was returned the agreemennt would be cancelled 3. You however failed to return the device therefore the agreement remained active and you were liable for the early termination fee."
I did receive a 'return bag' and I still have the letter that came with it asking"The Very important bit - Make sure it's returned as new and unused" etc Unfortunately, what it did not state clearly is which of the two identical devices they expected back! The routers were only distinguishable by imei address and there's nothing in the letter to say it's important that I send a specific one.
What I think happened (but as three did not contact me to say they had received the wrong imei device at any point, so it's a bit of guesswork on my part) I sent one of the E5783 routers back as they requested, but when they scanned it, it didn't match the imei/serial number they were expecting.and didn't contact me to let me know.
Do I discuss this with overdales at this point?

Have you received information from your SAR request to Three?

[arrob]

Have you received information from your SAR request to Three?

Yes, mostly bills spanning 5 years, transcript of webchats and 'interaction notes' summary.

[echat11]

Yes, mostly bills spanning 5 years, transcript of webchats and 'interaction notes' summary.

What information have you got relating to the two devices i.e. can you show they were ordered (even though accidently)? one was returned, correspondence with Three regarding the return etc.

What can you show, even if there isn't concrete evidence of return?

Once you get the evidence / facts together, you could consider writing a Without Prejudice letter with the facts,
they can't use this against you in Court if you write Without Prejudice on the letter.

[arrob]

I have both emails confirming the two orders (I cancelled one before ordering the other but have no proof of this)

From the SAR there's evidence that I contacted them to return the unwanted one "29/03/2021 I/B Phone # Return Or Exchange My Device # Not Being Used Anymore
DPA done - Cust wanted to return, raised jiffy bag [], suspended acc, cancelled DDI, suspended collections, raised cases for Handset"

Then I've the original letter from Three asking for the router back, but there's no mention that it has to be a specific serial or IMEI number returned. I assumed, as they were both identical from my point of view, that either would be acceptable for the return.

Then my follow-up chat a few weeks later where I ask "Initial Question: I've returned the modem and sim unopened but I have received a bill for unreturned equipment. All I have is a photo of the equipment condition minutes before sealing the prepaid envelope."
Three: "You can contact our dedicated returns team on or 0333 338 1039"
Three " Hey - are you still there?"
Me: "Yes"
Three: " I hope everything has been taken care of?"
Me: "Not really"

I contacted Three again in 2025 as it had only dawned on me then that the reason for all of this might be that they received a router with a different numbered imei to the one they expected.
Me "Is there a record of the imei of the original Huawei E5783b router that came with my sim? "
Three confirmed the imei for the router i had kept using did not match the one on their records.

Had they specified in their return letter that the router had to be of a specific imei, I would have ensured I sent the right one back.

Sorry, all of this is so long-winded