Have you gone to the small claims court for cashback?

coolio_2 · 23 August 2007 at 11:38AM

I am interested in your tales because Mobile Outlet have submitted their defence, refuse to cover court costs and are adament I will be laughed out of court.

Has anyone been to a small claims court to get cashback back before?

Old_Gold · 23 August 2007 at 11:54AM

coolio wrote: »

I am interested in your tales because Mobile Outlet have submitted their defence, refuse to cover court costs and are adament I will be laughed out of court.

Just curious to know in which way have they done this? Have you something in writing or have they said this to you. If it is verbal then put what they have said down in a letter and ask them to confirm this.

coolio_2 · 23 August 2007 at 11:58AM

They defended my small claims online claim by stating that they will not pay ANYTHING. Even if in their defence writeup they freely admit to late payment but their main defence is they apologised and did tell me it was going to be delayed. Waiting on a court date.

Simon_Wallace · 23 August 2007 at 12:56PM

For a non-payment you may have a case, but I would expect it very hard to see you winning a late payment case. How long was it delayed for? How much was it?

Cheers
Simon

coolio_2 · 23 August 2007 at 1:52PM

at the time i filed it was for non payment. it finally arrived after submitting the claim, approx 40 days late, theyre refusing to pay the court cost else i would consider settling. I was claiming for the full amount

Old_Gold · 23 August 2007 at 3:20PM

What costs would be involved if you withdrew the claim?

g33za · 23 August 2007 at 3:26PM

Presumably you gave them notice before the action? good luck

Neillgb · 23 August 2007 at 3:39PM

Coolio,

If you issued a claim for the amount plus court fee you are entitled to the full amount due if you did'nt receive payment prior to issue. Just go through with it online. It will cost you nothing if they were in breach of contract in being late. 'they told you it would be late' laughable!!! Obtain a judgement for the amount less the amount they have paid and proceed to enforce judgement. If they settled for a large amount are they really going to try and defend for a lesser one. I think not. Charge them interest too!!!!

They are the ones that will be laughed out of Court. Courts are beginning to treat these companies with the contempt they deserve.

Neill

coolio_2 · 23 August 2007 at 5:20PM

I received the cheque for the 1st cashback after I put in the claim. I have various emails from them stating it would be paid in x days, and then it never came. That happened numerous times. I have lots of emails and phonecalls I made, and yes they received a LBA 18 days before papers were served on them.

I claimed for the entire year (£420) plus court fee (of £50) + interest. They are only willing, and have done so, paid £84.

They have admitted in their claim that their cheque was late so I hope it's pretty straight forward. Their defence contradicts previous written comms I have with them too, as to why the cashback is late. I genuinely thought I may never get it.

Lynsey · 23 August 2007 at 6:07PM

I can't see you losing this, hang on in there. You have paid the £50 anyway.
They were in breach, it's as simple as that - or so it should be.

Best of luck.

Lynsey

coolio_2 · 23 August 2007 at 8:51PM

Thanks everyone, it's just all a bit daunting, which I'm sure they are playing on.

Have you gone to the small claims court for cashback?

What was the outcome at the small claims court? 0 votes

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