The Mobile Outlet

I'll start with a repost of my positive comment from the penultimate post in the closed thread (in case anyone missed it :

Got a cheque today for £72 (no chasing required) following email sent from them a few weeks ago.

The note with it says:

Dear Customer,

We have undertaken the policy of paying successful Cash-Back claims in 5 equal instalments. This will ensure that no mistakes are made in calculating your redemption and you will alo be fully aware of the Cash-Back amount you are due.

This is worked out by dividing your free line rental by the 5 equal instalments and only applies if your Cash-Back claim is successful.



Just to show that it doesn't all have to be bad news.

Wahay! Got my cheque through the post this morning. Thanks MO!

Cobra wrote:

Congratulations, Maniac.

Could you let us know how many days the company took, after receiving your cashback application, to issue the cheque?

Thanks.

Total of 32 days

Cobra wrote:

Could you indicate just how many weeks "a few weeks ago" was, and how soon/long after receiving your cashback application (I'm assuming you submittted it by some of recorded delivery) it was before you:

a) Received the email.

b) Received the cheque.

The Mobile Outlet's Terms & Conditions state that the latter should be within 28 days. It would be very helpful to other people, in deciding what to do about both a complete silence from TMO and no sign of payment after 28 days (nor the return of their original invoices, despite the inclusion of an SAE, as requested by the company).

Thank you.

a) about two weeks

b) about three weeks after that

Step-by-step Guide to Success Claim through Money Claim Online
1) Make sure you have a legitimate claim for cashback, i.e. you complied with T&C of your cashback at the time you took out your contract (not any subsequent revisions).
2) You have made reasonable attempts to contact the company requesting cashback. It could be by phone, email, forum message etc, but best of all is by letter as it gives you a record. Also note down the dates of any phone or email requests etc you have made.
3) If still no cashback, send (by recorded delivery) a Letter Before Action, which simply states that unless you receive your money within certain timescale (make it 10-14 days), you will issue proceedings in the county court for the recovery of your claim without further notice.
4) If they still don't respond, I'd like to give them a final chance by email (but give them only a few days).
5) Before you take legal action, check that the company you are suing isn't about to go under (bankruptcy or liquidation). If you hear nothing, go to http://www.moneyclaim.gov.uk/ and start making your claim. You (called the claimant) have to create your account and then complete a claim form. You need to know the name and address of the company (the usual trading address will do, rather than that of their registered office). Write down the particulars of what you are claimimg - a brief run-down of events, like when you bought the phone, when you sent in your cashback claim, how much for, and how they failed to respond after repeated requests. You put down the amount you are claiming, and a court fee will be added (which you will get back if you win). You complete your credit or debit card details for the court fees (£30 for a typical cashback claim) and send the claim online, which will be handled by Northampton County Court (a kind of clearing centre for England & Wales).
6) After checking the details, they will serve your claim on the defendant (the company), and they have 14 days to respond.
7) When they get the papers from Northampton, the company can do one of several things:
a) Accept the claim and offer to pay.
b) Accept only part of the claim.
c) Reject the whole of the claim - called defending the claim.
d) Make a counter claim, saying that it's you who owe them money.
d) Ask for more time (2 more weeks) to respond.
e) Do nothing.
8) After 14 days (plus a few days for postal delays etc), you will either receive a letter from Northampton about their response or hear nothing. If the latter, it means they did nothing and you can then ask the court to enter a judgement in default (online). It means the claim stands and they are legally obliged to pay. You then tell them how you want to be paid - full amount now or by instalment. The court will send the papers to the defendant, ordering them to pay.
If they do defend the claim - partly or wholly or make a counter-claim, the case can no longer be dealt with online and will be transferred to a local court - local to you if you are suing a company. Before they do that, you have to respond to their defence in one of several ways. You drop the case, you modify your claim (perhaps they have made a partial payment in the meantime) or you pursue the claim as it stands. A date will then be set for a hearing at your local county court. You have to turn up on the date and time specified. If they don't turn up, you win by default. If they do, both sides have to argue their case before a district judge (usually privately in his chamber), who will decide. It's most unlikely they (or their lawyer) will turn up, as it will cost them a lot of money and solicitor's fees cannot be claimed from you even if they win.
9) If the company don't pay within a week or two, get in touch and tell them, in writing, that unless they do you will take enforcement action (i.e. requesting a bailiff to call at their office and ask for payment, and if necessary, seize their property to sell at auction to raise the money). It will cost you ca. £90 in further fees, which will simply be added to your claim.
10) Once you are satisfied that the full payment has been made including court fees (and interest) and relevant cheques have cleared, you inform the court and the case will be closed.

For further details, go to the tutorial section of Money Claim website.

Alec