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The Mobile Outlet

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  • Please advise, I received an email from Mobile outlet over 2 months ago about payment to my account within 28 days for cash back 2.

    Despite my numerous emails and communication with Mobile outlet I have had no luck.

    1. Cashback 2: Breach of contract for cash back late payment (28days)?

    Also during this time I sent off my third cashback within 15 days by recorded delivery. I checked with royal mail and they say they received it in 26 days and this delay was because of back log due to strike.

    I have proof of delivery stating I sent within 15 days. Please advise my position;

    2. Cash Back 3: No emails or communication whatsoever How should I proceed with this one?

    3. Is it advisable to send one letter for both cash back or do it separately?

    Please advise q's 1,2 and 3.
  • rose28454
    rose28454 Posts: 4,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Car Insurance Carver!
    Many rhanks to Shelby, Brenda , Quentin , James and all who helped with my son's claim. I faxed and posted the letter as per Shelby's copy this afternoon. I e-mailed a copy to my son and he said "wow it look like it was written by a lawyer"
    Fingers crossed
  • Shelby
    Shelby Posts: 106 Forumite

    We try to please. :D
  • Quentin
    Quentin Posts: 40,405 Forumite
    Read up on MCOL while you are waiting for them to ignore your letter!

    Then you can get on with your claim as soon as the deadline you gave them is reached.
  • GunJack
    GunJack Posts: 11,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jeez.....been off here for a few days and all hell breaks loose ;)

    Looks like we're turning full circle with this thread, especially since the new (un)improved t & c's have been brought out.

    A WORD OF ADVICE FOR ANY NEW/RELATIVELY NEW POSTERS ON THIS THREAD. IT HAS BEEN GOING FOR SO LONG NOW, VIRTUALLY EVERY CIRCUMSTANCE HAS BEEN COVERED. PLEASE DO READ BACK THROUGH IT, ESPECIALLY THE FIRST PAGE. IT DOES CONTAIN EXTREMELY USEFUL INFORMATION COVERING EVERY ASPECT OF THE CASHBACK PROCESS AND HOW TO DO IT, WHAT TO DO WHEN THINGS GO WRONG, AND HOW TO CLAIM VIA MCOL IF IT ALL GOES T*TS-UP. 60-ODD PAGES MAY SEEM LIKE A LOT, AND SOME OF THE, AHEM, OFF-TOPIC ARGUMENTS HAVE BEEN A PAIN, BUT IT IS ALL GOOD STUFF.

    I'd just like to say, now my time is coming to an end, to all the peeps who've been around this thread over the last year: THANKS GUYS !! :D We've had some laughs, helped each other out, and as always been a source of inspiration to each other.

    A special mention goes out to the Class of Autumn 2006 - kltpz&*^%$%, Brenda, mar< et al.....almost there now guys (except Brenda, who has pipped me to the post but started her contract just before me anyway ;) )

    ..and thesaint, of course, whose dry wit and sometimes harsh look at reality has remained a rock amidst the storm that has been TMO cashbacks....good on yer, mate :D

    GunJack - nearly...almost....just a smidgin' to...not quite....teetering on the brink of....THE END !!!!!!


    p.s. - see my last post on the 3 retentions thread - no more cb for me for a loooong while :j
    ......Gettin' There, Wherever There is......

    I have a dodgy "i" key, so ignore spelling errors due to "i" issues, ...I blame Apple :D
  • Nessyjr
    Nessyjr Posts: 23 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    :rotfl: Went to the Small Claims Court yesterday in my ongoing bid to recover the second instalment of cashback on last year's 12 months contract. The judge awarded in my favour - now "all" I have to do is get it enforced!

    Predictably, TMO didn't bother to turn up to attempt to defend what the judge referred to as "questionable business practices":T
  • Quentin
    Quentin Posts: 40,405 Forumite
    Good news.

    You don't need to start enforcement proceedings just yet - the court will send them the judgement, together with an order to pay you.

    If you want to have the greatest satisfaction from winning this judgement, then allow them 28 days to pay you from the date of the judgement before you start enforcement proceedings. If a ccj is paid in full within 28 days of the judgement, then the ccj doesn't get registered. But once 28 days have passed, then the ccj is put on the Register of CCJs, and remains for 6 years, causing much strife for the Defendant and making it hard for them to get goods on credit etc., and generally is bad for their reputation.
  • chapeau
    chapeau Posts: 16 Forumite
    No, you need to start enforcement proceedings at the earliest possible opportunity, I would give them seven days to pay. This company is late in filing their accounts, they are extending the period whereby they have to pay the cashbacks, they are sending out emails saying payments are going to be late.

    One could surmise several things from this, and I suggest you do.

    There is no place for getting moral satisfaction in legal cases, what you need is the money.

    And yes GunJack, it has all been said before, but that doesn't make it right. There is a lot of good stuff on this thread, and a lot of nonsense. Nonsense legal advice by people who haven't got a clue.

    Anyway, it has been fun.
  • James212
    James212 Posts: 62 Forumite
    Two opposing opinions:
    Quentin wrote: »
    If you want to have the greatest satisfaction from winning this judgement, then allow them 28 days to pay you from the date of the judgement before you start enforcement proceedings.
    chapeau wrote: »
    No, you need to start enforcement proceedings at the earliest possible opportunity, I would give them seven days to pay.

    Personally, I would agree with chapeau, to the extent you should enforce the warrant as soon as possible. I assume that your claim was for a few hundred pounds, and is therefore a significant amount, and that you:

    (a) do not want to wait any longer for your money, and
    (b) you wouldn't want to take the (admittedly small) risk of TMO going bust in the next 4 weeks, i.e. before you enforce the warrant.

    I enforced my judgement with a warrant after waiting 1 week after judgement, as this is what I was advised by an adviser at the MCOL helpdesk.

    Although by doing this, some director at TMO may not have an outstanding CCJ recorded against their name for the next 6 years, as Quentin describes, but you can always get satisfaction, as I did, that this has cost TMO an extra £55 (as a warrant costs £55, which ultimately the defendant has to pay). In total, my warrant was worth £270 (including the £55).
  • Quentin
    Quentin Posts: 40,405 Forumite
    James212 wrote: »
    Two opposing opinions

    Mine wasn't an opinion, all I said was:
    If you want to have the greatest satisfaction from winning this judgement......

    And then went on to suggest a calendar which would give that satisfaction.

    The mcol helpdesk advice is sound - but they would not take into account getting "the greatest satisfaction" for a claimant when giving advice on enforcing a judgement.

    Although you can ask for an enforcement order immediately on getting judgement, it still has to go to court, and this takes time.

    If a firm is going bust, then they won't be paying off any ccjs anyway!

    (Ccj's aren't registered against directors of a company, they are registered against the Defendant)

    From what I recall, they went over the 28 days paying you, so you got a double dose of satisfaction anyway!!:T :T
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