The Mobile Outlet: any good? (merged)

fourheadedmoose

daniellelandod wrote:

I was with dial a phone two years running and never had a problem. Their deals aren't as good though (probably because they don't rip people off in the process!). I've also used MobileShop and didn't have a problem.

Well, that sounds good enough to me!

Cobra_3

Merryal wrote:

Cobra wrote:

A question I would very much like to ask everybody who has used the Small Claims Court procedure is this.

Should you file a new claim after each ignored cashback application or should you wait until the end of the year and file a claim for the entire sum through the court?>>>

I actually asked Consumer Direct this question, and they pointed out that as MO had refused to pay for one instalment, they were then holding the whole contract to be breached, and I was free to claim for the whole amount.

Just one word of warning, I did go down this route for my husband's contract (I am currently waiting for my final cashback for my own phone), and MO ignored the legal proceedings. It was only after I discussed the case on this forum that I finally got the money back. We never had to go as far as registering the judgement or instructing bailiffs etc. We also got the 12 months cashback plus the court fees all in one hit, which was a bonus given all the hassle we had had.

Good luck with getting your money back, I would now like my second cash refund back!

Merryal,

Thanks for posting your own experience with this problem. Most helpful.

What is certain is that the whole issue has become a lot more complicated over the last few months as a result of (some) retailers increasing the number of instalments in which they pay their cashbacks from two to five. This has altered the whole gearing of the sums involved.

The fundamentals, nevertheless, remain unchanged.

As I see it (and, you say, Consumer Direct see it) the situation is different when the retailer actively rejects your first cashback claim, alleging that you have failed to comply with the Terms & Conditions, to what the situation is when the retailer simply fails to send you the money for the first instalment.

By actively rejecting your first cashback claim (of 5) for £72, the retailer is stating that you have lost your entire cashback entitlement (all 5 instalments of it) and so your total loss is £360. Effectively he is reneging on the entire contract. Under such circumstances you are thus entitled to file claim with the SCC for payment of your total loss of £360 (plus costs).

When, however, the retailer does not actively reject your first cashback claim (together with your entitlement to all that follow) but simply fails to actually send you the money for the first instalment, the amount owing to you is only the amount of your first cashback claim (£72) and not (yet) the remaining £288. So, presumably, the only amount you can file claim for with the SCC - at that stage - is the £72 (plus costs).

My question revolves around the issue of whether - when that happens - it is better to file a separate claim with the SCC for each instalment, as and when it falls due, or whether it is better to wait and make one big claim at the end of the year.

I would have thought that once the retailer has had to pay £30 in costs on the first £72 instalment the prospect of having to do so a further four times would be a deterrent.

Would anybody else be kind enough to post their experiences with this? The more information that is assembled here, the better it will be for everyone else who is obliged to go down the Small Claims Court route to obtain their cashbacks.

blaster99999

when i served court action against mobile rainbow 4 weeks ago for not paying my 2nd claim for 2 contracts i submitted breech of contract and claim the rest of my 2 claims total £440 +£50 court fee's and they paid up the lot within 7 days.

teenage_Drama

My mother just bought a nokia 6103 which was delivered yesterday, unfortunately she isnt happy with the handset, she wishes to return it and go for the K750i which is on the same tariff and network, having just spoken to the mobile outlet, they said that they cant return it because the phone has been opened, other retailers return phones within 14 days with or without usage of phone...anything else we can try? just waiting for a phone call from the returns department now, what are the chances of them returning the phone?

oggsy

Hello, if you take a look at their t & c's , as long as the phone is unused you should be ok ( by unused i think they mean no calls or texts), the main downside being that it will cost you £5 for their packaging plus the same to return it yourself. Also the £25 handling charge will more than likely kick in, even if you choose same network provider. Personally, i would cut and run and stomach the loss _ Sorry.

I have snatched a little of their t & c's relevant to you ;


13.1 If you are not satisfied with any contract mobile phone you have the right to return your handset to The Mobile Outlet within 7 days of your phone being connected. The day your mobile phone is connected is classed as day 1 out of the 7 days. Please contact our customer service team who will provide you with a returns number before the handset will be accepted. Please note no returns will be accepted if a returns authorization number has not been requested and issued.

13.2 If there is any refund due, it will be authorised upon safe return of the product in question.

13.3 You must return all items by an insured service. We highly recommend the Royal Mail Special Delivery method and insured to the value of £400. We do not accept responsibility for delays or any loss whilst the product is in transit.

13.4 Where a refund or replacement is sought after, The Mobile Outlet reserves the right to charge the initial delivery cost of £5.00. If there has been a fault established and the handset is being replaced, we will not charge the cost of the initial delivery.

13.5 All phones returned under the 7 day returns policy will incur a £20.00 handling and administration charge. We require all mobile phones returned to be in acceptable condition. Acceptable condition means the handset must be unused, in good clean condition, and complete with all parts and accessories in its original packaging.

13.6 If the conditions set our in point 15.5 are not met, we reserve the right to refuse accept the goods returned. The goods may then be returned to you at your own cost. Any charges applicable for any unauthorized returns must be paid, and we reserve the right to charge the debit or credit card you used when applying for your mobile phone.

Cobra_3

After wading through 36 pages of almost unmitigated woe in this thread, some might be forgiven for inclining to the view that abiding by its own Terms & Conditions is not, however, what The Mobile Outlet appears to do best.

(As you, yourself, have discovered to your cost...)

mar<

I returned a K550i after opening it - MO were very nice about it. It was a mistake, but sets a precedent that opening the box _isn't_ critical. Plus... you do have the statutory cooling off period, no matter what anyone says IIRC.

pesky2

We have had no response yet after having the 1st claim refused we sent a letter then sending for the 2nd lot of cashback we are not in breach of the contract and are still awaiting a reply, Forms received for Small claims court and appointment made at Citizens Advice and Trading Standards Office, will let you know how we get on.

Alec2006

I have taken TMO to the small claims court and they have served a judgement in default as they failed to defend the claim.
Anyone else who has CCJ against them - how long did they take to pay up the claim including the court cost, and did you have to chase them up, with a threat of enforcement action?

chief

Good job I had a quick looksie on here, was thinking about getting a phone from TMO. Shant bother with all the hassle now!