The Mobile Outlet: any good? (merged)

fitzgerald99

My last two posts on this can be found at on the following pages:

http://forums.moneysavingexpert.com/showthread.html?t=130782&page=24&highlight=the+mobile+outlet
http://forums.moneysavingexpert.com/showthread.html?t=130782&page=26&highlight=themobileoutlet


Attn: The Mobile Outlet (Forum Queries Team)

Thank you for your PM dated 29 December 2006. I do not understand one thing. The title of the PM is “Sony W810i”. The two phones I purchased from you were both Motorola V3i. What are you referring to by “Sony W810i”?

Secondly, I have still received no reply from Imran to my email of 29 December 2006. Your PM informed me that he would be replying to my email in the early part of this week. It is now the end of the week. This has been yet another broken promise.

Thirdly, I still have not received a reply to the email I sent you (using the email address: forumqueries@themobileoutlet.co.uk) on 4 December 2006. You say you aim to reply within 48 hours. I have now been waiting for 32 days (768 hours). That is 16 times as long as you say you will take to reply … and still counting.

I have contacted Virgin Mobile and they inform me that you STILL have not cancelled my second contract. Virgin has informed me that they are currently looking into my complaint. I have also forwarded this matter to Carphone Warehouse, whom I understand to be your parent company. If this matter is not resolved conclusively within 48 hours, I will be making an official complaint to the following:

- Office of Fair Trading / Consumer Direct
- Trading Standards Authority

I will also be forwarding the matter to Ofcom for its records, as Virgin advised me to do, and sending my claim for compensation through the Small Claims Court, which will undoubtedly rule in my favour as you have already acknowledged failure in your duties. Please endeavour to make this unnecessary.

I ordered these phones on 31 October 2006. This is 05 January 2007. That is over 2 months. I really cannot say more.


Attn: Fellow Forum Users & MoneySavingExpert Admin

Every consumer on this forum is understandably aiming for a positive resolution to his or her problem and is therefore trying to keep an amiable tone in his or her writings about this company. That is good and proper. Nevertheless, as collective consumers, let us answer this question together:

Is it reasonable for so many of us (just count the massive number of complaints on this forum) to be having so many problems with this company, dragging on for so long?

If the answer is no, is it reasonable to call this a serious company?

If not, perhaps every reference to the company on this MoneySavingExpert website should be accompanied by a warning.

fitzgerald99

The Mobile Outlet Terms & Conditions = Unfair Contract?

The Mobile Outlet’s current online Terms & Conditions are listed at the following URL: http://www.themobileoutlet.co.uk/Information.asp?txtMode=8

8.0 Complaints and Disputes
8.1 If you have any complaints regarding any issues relating to The Mobile Outlet please email our complaints manager or contact our customer service department. Your complaint will be dealt with in complete confidentiality. We will endeavour to deal with your complaint and resolve any outstanding issues with 48 hours of the compliant being made.

Clearly, this is false information. It does not endeavour to resolve complaints within 48 hours because from the evidence on this forum, the majority of complaints last far, far longer than that and require much more than a single contact by the customer.

If the customer breaks even the smallest part of his or her obligations under the Terms & Conditions regarding cashback, for example, he or she forfeits all claims to cashback, as evidenced on this forum. If The Mobile Outlet breaks its obligations regarding complaints, for example, there is no penalty. If the customer is penalised for breaches of obligations but the supplier is free to breach obligations without penalty, is that not what is legally described as an “unfair contract”?

“…contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers” [Extract from the Unfair Terms in Consumer Contract Regulations (UTCCRs)]

ptecn

I E-Mail to the mobileoutlet this is repley.

Delivery Status Notification (Failure)
The following message to was undeliverable.
The reason for the problem:
5.1.2 - Bad destination host 'DNS Hard Error looking up themobieoutlet.co.uk (MX): NXDomain'



Final-Recipient: rfc822;forumqueries@themobieoutlet.co.uk
Action: failed
Status: 5.0.0 (permanent failure)
Diagnostic-Code: smtp; 5.1.2 - Bad destination host 'DNS Hard Error looking up themobieoutlet.co.uk (MX): NXDomain' (delivery attempts: 0)
Reporting-MTA: dns; mk-ironport-4.mail.uk.tiscali.com




--- Start of the Attached Message ---

Date: Fri, 5 Jan 2007 14:45:38 +0000
From:
Subject: cash back
To: forumqueries@themobieoutlet.co.uk


Hi .
I post cashback claim november 11bill & dec 12 bill not recived any e-mail
from tmo.I post self address env but they not send my bill back.
Ref:
mob : .
Please repley as soon as possible.
Thanks

gulliblestravails

Someone already posted that they'd missed the "l" out of their email address - I sent one yesterday and it was delivered OK (I know because they replied)

pKaTz

fitzgerald99 wrote:

The Mobile Outlet Terms & Conditions = Unfair Contract?

The Mobile Outlet’s current online Terms & Conditions are listed at the following URL: http://www.themobileoutlet.co.uk/Information.asp?txtMode=8

8.0 Complaints and Disputes
8.1 If you have any complaints regarding any issues relating to The Mobile Outlet please email our complaints manager or contact our customer service department. Your complaint will be dealt with in complete confidentiality. We will endeavour to deal with your complaint and resolve any outstanding issues with 48 hours of the compliant being made.

Clearly, this is false information. It does not endeavour to resolve complaints within 48 hours because from the evidence on this forum, the majority of complaints last far, far longer than that and require much more than a single contact by the customer.

If the customer breaks even the smallest part of his or her obligations under the Terms & Conditions regarding cashback, for example, he or she forfeits all claims to cashback, as evidenced on this forum. If The Mobile Outlet breaks its obligations regarding complaints, for example, there is no penalty. If the customer is penalised for breaches of obligations but the supplier is free to breach obligations without penalty, is that not what is legally described as an “unfair contract”?

“…contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers” [Extract from the Unfair Terms in Consumer Contract Regulations (UTCCRs)]

i agree.
And is it right that an unfair contract is invalid??
it that case - i think TMO's failure to provide me with t&c's until 1 month after receipt of sim and mobile is also a breach of their conditions.
How much does a Small Claims action Cost?
I also emailed them asking for the correct address for cashback. I stated that i need the address asap. but they replied after a week. meaning i would have got my 1st cashback claim in on time.
and a goodwill gesture? forget it. Like it says in the last line of their rejection letter:

thankyou for your custom

yeah right.:mad:

The_Mobile_Outlet

fitzgerald99 wrote:

My last two posts on this can be found at on the following pages:

http://forums.moneysavingexpert.com/showthread.html?t=130782&page=24&highlight=the+mobile+outlet
http://forums.moneysavingexpert.com/showthread.html?t=130782&page=26&highlight=themobileoutlet


Attn: The Mobile Outlet (Forum Queries Team)

Thank you for your PM dated 29 December 2006. I do not understand one thing. The title of the PM is “Sony W810i”. The two phones I purchased from you were both Motorola V3i. What are you referring to by “Sony W810i”?

Secondly, I have still received no reply from Imran to my email of 29 December 2006. Your PM informed me that he would be replying to my email in the early part of this week. It is now the end of the week. This has been yet another broken promise.

Thirdly, I still have not received a reply to the email I sent you (using the email address: forumqueries@themobileoutlet.co.uk) on 4 December 2006. You say you aim to reply within 48 hours. I have now been waiting for 32 days (768 hours). That is 16 times as long as you say you will take to reply … and still counting.

I have contacted Virgin Mobile and they inform me that you STILL have not cancelled my second contract. Virgin has informed me that they are currently looking into my complaint. I have also forwarded this matter to Carphone Warehouse, whom I understand to be your parent company. If this matter is not resolved conclusively within 48 hours, I will be making an official complaint to the following:

- Office of Fair Trading / Consumer Direct
- Trading Standards Authority

I will also be forwarding the matter to Ofcom for its records, as Virgin advised me to do, and sending my claim for compensation through the Small Claims Court, which will undoubtedly rule in my favour as you have already acknowledged failure in your duties. Please endeavour to make this unnecessary.

I ordered these phones on 31 October 2006. This is 05 January 2007. That is over 2 months. I really cannot say more.


Attn: Fellow Forum Users & MoneySavingExpert Admin

Every consumer on this forum is understandably aiming for a positive resolution to his or her problem and is therefore trying to keep an amiable tone in his or her writings about this company. That is good and proper. Nevertheless, as collective consumers, let us answer this question together:

Is it reasonable for so many of us (just count the massive number of complaints on this forum) to be having so many problems with this company, dragging on for so long?

If the answer is no, is it reasonable to call this a serious company?

If not, perhaps every reference to the company on this MoneySavingExpert website should be accompanied by a warning.

Hi,

We have as a goodwill gesture allowed you to keep the additional handset we sent in error. As for the remaining issues surrounding the disconnection of your handset, we have emailed our manager and requested you are given a call back tomorrow. We are hopeful all issues you have addressed will be resolved if they have yet to be done so.

Regards
Forum Query Team

fitzgerald99

The offer to keep the phone is appreciated but fully justified and actually insufficient, not some great charity. A goodwill gesture, by definition, can only be made in addition to, not in place of, your regular duties. You promised me that Imran, whom you referred to as your owner, would reply to my email personally within 48 hours. One week later, he still has not replied.

You promised to cancel the erroneous contract immediately, yet my bank account is still being debited for a contract I should not have.

You promised to compensate me for all extra line rental charges I have had to pay due to your mistakes. Yet, no action on this has been taken.

"Goodwill" can only be seen as goodwill once you have done what is expected. You have, as of yet, done nothing to rectify the problem, so simply telling me I can keep a handset is meaningless on its own.

What I do not understand is, why must EVERY promise be broken. Why can't we at least have a situation where one or two promises are kept, at least for the sake of variety? Literally every promise you have ever made to me has been worthless. Why then do you write all that nonsense about having "simply outstanding customer service"?

Ok, if you do not care at all about your customers, that is your choice. At least then delete the "simply outstanding customer service" part and replace with something more appropriate such as "We are cowboys. Do not believe a word we say"

By the way, I would appreciate the phone call but from now on, everything must also be confirmed in writing and I will be forwarding all correspondence, or lack thereof, to the relevant parties. Under British Law, I am legally within my rights as a consumer to request this.

The_Mobile_Outlet wrote:

Hi,

We have as a goodwill gesture allowed you to keep the additional handset we sent in error. As for the remaining issues surrounding the disconnection of your handset, we have emailed our manager and requested you are given a call back tomorrow. We are hopeful all issues you have addressed will be resolved if they have yet to be done so.

Regards
Forum Query Team

ictmad

recived my cashback as tmo rep said here,thanks hope it gets cashed ok,but at least they came thru in the end

grayme-m

fitzgerald99 wrote:

The offer to keep the phone is appreciated but fully justified and actually insufficient, not some great charity. A goodwill gesture, by definition, can only be made in addition to, not in place of, your regular duties. You promised me that Imran, whom you referred to as your owner, would reply to my email personally within 48 hours. One week later, he still has not replied.

You promised to cancel the erroneous contract immediately, yet my bank account is still being debited for a contract I should not have.

You promised to compensate me for all extra line rental charges I have had to pay due to your mistakes. Yet, no action on this has been taken.

"Goodwill" can only be seen as goodwill once you have done what is expected. You have, as of yet, done nothing to rectify the problem, so simply telling me I can keep a handset is meaningless on its own.

What I do not understand is, why must EVERY promise be broken. Why can't we at least have a situation where one or two promises are kept, at least for the sake of variety? Literally every promise you have ever made to me has been worthless. Why then do you write all that nonsense about having "simply outstanding customer service"?

Ok, if you do not care at all about your customers, that is your choice. At least then delete the "simply outstanding customer service" part and replace with something more appropriate such as "We are cowboys. Do not believe a word we say"

By the way, I would appreciate the phone call but from now on, everything must also be confirmed in writing and I will be forwarding all correspondence, or lack thereof, to the relevant parties. Under British Law, I am legally within my rights as a consumer to request this.

Can't you contact your bank and reverse the charges on the second erroneous contract under the direct debit guarantee?

Bollards

drp2854 wrote:

Received e-mail from MO stating that they had received my cashback application and to allow 28 days to process payment.

This was received by me on the 5th December. Allowing for Xmas/New Year holidays, how long should I wait before chasing the payment, as nothing has been received yet?

Hi,
I had a similar email on 27th November and decided to chase on 4th January, having not received a payment. I emailed the forum queries team and they responded and I received a cheque the next day. However, the cheque was for just over half the line rental for the first 4 months bills, so I have emailed them again asking for the balance. I would definately recommend chasing them soon.
Here's hoping for my cheque for the balance of the line rental soon! I will keep this forum posted with my experience - good or bad!