New Info On Mobile Rainbow (merged)

mozzer

Well done TISME for sticking to your guns - they really don't want to go to court do they?
don't withdraw your court action until they pay though!
Great work:T

blaster99999

tisme wrote: »

Hi again,
Last night I had a phone call from a manager at Mobile Rainbow who wanted to discuss our court claim. He said they were willing to pay us the 6th month cashback claim of £140.00 for each of our 4 phones, plus the £120.00 court costs and £30.00 stress claim, totalling £710.00 and they would send me a letter guaranteeing the 9th and 12th month cashback claims.
I said we had contracts stating exactly this and we wanted the claim to be met in full because we had no trust or faith that they would pay any of these future claims and we would proceed with the claim through the court.
He asked me to hold while he spoke to someone higher up in authority. A few minutes later he came back and after some discussion where I re-stated my determination to see this through the court system he said they would meet our claim in full, a total of £1830.00 (6th, 9th and 12th cashback claims for all 4 phones plus legal costs and £30 stress/damages.
He asked me to send them an e-mail to them stating exactly what we had discussed for their accounting department. Why!! I don’t know because the phone call was taped
Anyway i did and I await their payment and will keep you posted

reading your bit about them wanting you to send them a email regarding what had been said, im a bit concerned that they may try going to court because they have tried to pay you and if you send them a email saying that they have more proof, dont send them anything just sit it out and see what happens.

tisme_2

blaster99999 wrote: »

reading your bit about them wanting you to send them a email regarding what had been said, im a bit concerned that they may try going to court because they have tried to pay you and if you send them a email saying that they have more proof, dont send them anything just sit it out and see what happens.

Thanks blaster, i copied my e-mail to them below, as you can see all i am stating is that they have agreed to pay me the said amount and the conversation was taped and if they want to go to court i will ask them to produce this tape and if they conveniently lose it !!!!!!!!!!!!!!!!!!!!!! And they have to come to a court near me. So over to them.

"Following a conversation with one of your managers Mr Nathaniel this evening, he has agreed to pay us the amount of £1,830 in respect of our cashback claim. This claim is for the above 4 phones, for the 6th, 9th and 12th month cashback claims totalling £1,680 plus £120 court costs plus £30 stress/damages.
Along with the terms and conditions of our cashback policy this money should be paid by B.A.C.S. transfer"

blaster99999

Yes that email to them is spot on, i was just a bit concerned that because they had agreed to conform to there T&C's and pay the cashback which they owe ie 6th month only, they may have tried it on and still might but if i was you stick with the claim and let us know if they pay up the lot, i have read others on here that have also been offered cashback and promises ect but stuck with it and got the lot in one payment. good luck.

al_uk_2

tisme wrote: »

Thanks blaster, i copied my e-mail to them below, as you can see all i am stating is that they have agreed to pay me the said amount and the conversation was taped and if they want to go to court i will ask them to produce this tape and if they conveniently lose it !!!!!!!!!!!!!!!!!!!!!! And they have to come to a court near me. So over to them.

"Following a conversation with one of your managers Mr Nathaniel this evening, he has agreed to pay us the amount of £1,830 in respect of our cashback claim. This claim is for the above 4 phones, for the 6th, 9th and 12th month cashback claims totalling £1,680 plus £120 court costs plus £30 stress/damages.
Along with the terms and conditions of our cashback policy this money should be paid by B.A.C.S. transfer"

tisme,

please keep us informed of the progress

The_King_3

Hi all, am new here, registered after finding this thread and really hope someone can help!

I have a phone with Mobile Rainbow.

My 1st cash back went through (eventually). They first tried refusing the claim as they tried to hold me to the new T&Cs, but then I faxed and emailed the old T&Cs I'd been sent to them and they honoured the claim, after many follow up calls.

Anyway, I've used many of these offers in the last few years, and have never thought to send by recorded delivery, as its always worked just fine.

So, I've now sent my 2nd claim to MR, on 22nd Feb. Have called them twice this week, and they deny having ever received the claim, and are asking for 'proof of delivery'. Of course i don't have it!! But I've not told them that, just said "I've not got that to hand right now".

Anyway, have I lost £200, or is it worth me taking this to court? I've no proof of delivery, so this is my major stumbling block, as i really can not prove i sent it...

Advice / help (/fake royal mail reference numbers!) would be much appreciated. Am really stumped as to what I should do.

Reestit_Mutton

The_King wrote: »

Advice / help (/fake royal mail reference numbers!) would be much appreciated. Am really stumped as to what I should do.

Notwithstanding the fact that two wrongs don't make a right, be VERY careful about using someone else's RM reference number in court - perjury is no laughing matter!

If Mobile Rainbow produce evidence of the reference number pertaining to another person's claim and/or you do not have the physical Royal Mail slip to hand and/or it doesn't relate to a delivery FROM your area you will lose more than your cashback.

HtH
Reestit Mutton

The_King_3

Reestit_Mutton wrote: »

Notwithstanding the fact that two wrongs don't make a right, be VERY careful about using someone else's RM reference number in court - perjury is no laughing matter!

If Mobile Rainbow produce evidence of the reference number pertaining to another person's claim and/or you do not have the physical Royal Mail slip to hand and/or it doesn't relate to a delivery FROM your area you will lose more than your cashback.

HtH
Reestit Mutton

Haha, that part was purely tongue in cheek, the main question is, can I pursue court action without this proof of delivery??

Reestit_Mutton

The_King wrote: »

Haha, that part was purely tongue in cheek, the main question is, can I pursue court action without this proof of delivery??

That's a very difficult question to answer as it would then be their word against yours. If you have any other verifiable means of contact chasing up the claim (within their claims timescales) it would add weight to your claim that you mailed your claim as you wouldn't be chasing them for a non-existent claim, would you?

However...I suspect that you won't have a leg to stand on without some form of third party proof of delivery.

HtH
Reestit Mutton

The_King_3

I thought as much, shouldn't have been so trusting I suppose.

For those who have pursued them via the small claims court, prior to pusuing, have you always handed over your royal mail delivery number to MR? Or is it possible to claim without having done this?

Mozzer, tisme, blaster ???