The Mobile Outlet

BAILSTA wrote: »

Yup, went to bailiffs and paid the £35, it took about a week after I used MCOL to issue the warrant, out of interest contacted the bailiff dept at Bradford CC about a week after and she'd just got back and they had assured her that my cheque was in the post, which it had been. I'm currently waiting till the 9/2 to start judgement on my 2nd MCOL, still no update from the 2nd MCOL claim for my 3rd 4th and 5th cashbacks, 3rd has been accepted by TMO, 4th and 5th i have printed copy of them being signed for at TMO from Royal Mail website, and also they still have not sent me my 2nd email for the 4th cashback to say it has been accepted,I did get email to acknowledge receipt tho. Updates as and when

Bailsta

Now i'm really confused! I have finished my contract and they only paid me 1 lot of cashback. Do I have to apply for every stage separately through MCOL?

Also, thanks so much for the advice from Now Then. For some reason I am not able to click the "thanks" button on all the replies posted, only some of them? Would if I could though!!!

Hi,

I started the MCOL against TMO for second instalment of the cashback (a mistake it seems - should have done for the whole remaining amount). TMO submitted a defence saying they paid the amount by cheque on 25th Oct. I know that's a lie - because they sent me email on 15th Nov, apologizing for the delay in paying the cashback and wrote that I would get it in "next 10 days by BACS transfer". The same story I heard many times over the phone till first week of Jan, 2008 - after that I stopped calling them.

Now, I am sending the form back to the court as I would like to proceed with the claim. I am told to send a copy to the defendant. My question is:

1. Do I need to send a letter to TMO (along with the copy of the form)?
2. My understanding is if there is any court hearing, it would be done in my local county court. Do I need to request that explicitly?
3. Does TMO ever attend the hearing?


Thanks in advance,
adgupta

dannydandan wrote: »

Update - TMO have today contested my whole claim against them for £252 even though I have a mountain of evidence.

Awaiting confirmation from HMCS and will definitely go the distance purely as a point of principle.

Point to make, have seen lots of posts confirming that TMO are contesting claims. Appears they are desperately trying to discourage people so if you are in the process of persuing them, keep going. I haven't yet seen anyone state that TMO have appeared in court to make a defence.

Behind you all the way Dan waiting for the time to laspe before issuing judgement:p

adgupta

Quote
Now, I am sending the form back to the court as I would like to proceed with the claim. I am told to send a copy to the defendant. My question is:

1. Do I need to send a letter to TMO (along with the copy of the form)?
2. My understanding is if there is any court hearing, it would be done in my local county court. Do I need to request that explicitly?
3. Does TMO ever attend the hearing?


Thanks in advance,
adgupta[/quote]


1. Not sure what you mean by sending the form back
if you are using MCOL it is all done through the online system.
MCOL send the necessary paperwork to The Mobile Outlet.

2.
Extract from :
http://www.hmcourts-service.gov.uk/onlineservices/mcol/userguide/claimant/defence.htm

If the defendant files a defence and the defendant is an individual, the case will be transferred to the defendant´s home court. Where the defendant is not an individual (ie: the defendant is a business), the case will be transferred to your or your representative´s home court. This means that your claim will no longer be handled by the MCOL system.

This transfer is done automatically by the Court.

3.

You would have to trawl through the previous pages to have a look

I can remember a couple of cases where they have defended the case but then not turned up..............

hope this helps

abbica wrote: »

Now i'm really confused! I have finished my contract and they only paid me 1 lot of cashback. Do I have to apply for every stage separately through MCOL?

Also, thanks so much for the advice from Now Then. For some reason I am not able to click the "thanks" button on all the replies posted, only some of them? Would if I could though!!!

Just do one for all 4 amounts added together,although you will have to get the whole story into 1080 characters, and if they haven't paid you for the 2nd one and you've now gone through the whole contract there will probably be a hobbitt like story attached just to that one !! Get cracking though, as the sooner you do it, the sooner you can get through the process, took a month just to get the £84 of my second cashback, and that was a smooth ride.