New Info On Mobile Rainbow (merged)

steve19777

Has anyone found any cheap cashback deals that theyhave not had problems with? My MR contract is due to finish in a month. Any reccomendations?

tisme_2

Hi, it’s been a while but here’s what’s been happening with our claim.

The date that Mobile Rainbow was supposed to reply to the claim was 7th April. They did not reply to the court so I had two options:-
Firstly I could have asked the court for a judgement by default or the other option was to ask the court for a judgement by admission. I went for this option because of the telephone conversation with Mr Nathaniel on 26th March and his agreement that they would pay the total amount.
As of the 7th April we had received no money from them, although we had an e mail from them saying that the first cashback was paid into our accounts on 5th April. Well we all know what their e mails promising payment have amounted to.
On 7th April I went online and submitted the request for a judgement by admission for the total amount of £1,830.00 . This was dealt with by the online court on their resumption after the Easter holidays. It was confirmed online that this was accepted and was sent to Mobile Rainbow.
On the evening of Friday 13th April I had a phone call from Mr Nathaniel asking if we had received the first cashback amounts, I said we had but their agreement was that they would pay us the full amount. He said they were going to and wanted me to contact the court to say that they were going to pay. I said that I would only contact the court when the total amount was in our accounts. He said they would make the payment straight away and they sent me an e mail to confirm that they had made the payments by wire transfer and a copy of the transaction but it would not be in our accounts until Monday.
On Monday the money was in my wife’s account but was not showing in mine, so I went to work (nights) and my wife had a phone call from Mr Nathaniel at 7 pm asking for me and had I contacted the court ( they are really concerned that the court order didn’t proceed ) .
In the morning I checked to see if I had received payment and I had so I contacted the court and spoke to a lady who told me that she would attach to the file that we had been fully paid and then e mailed Mobile Rainbow to tell them that we had received payment and that I had contacted the court.

Sorry about rambling on but after a long battle which we were not going to give up on we finally got there.
We will still send in the 9th and 12th cashback claims with a letter saying we have been paid. We are sticking to our part of the contract so they can’t turn around and try to counterclaim saying we haven’t fulfilled our part of that contract.

Anybody else not getting their cashbacks and have fulfilled their part of the contract as required DON’T LET THEM GET AWAY WITH IT--TAKE THEM TO COURT. :j :j :j
We did it and they are really concerned about getting a court judgement against them. :rotfl:

Good luck to you all

mozzer

Phew - well done TISME!

Paul_M_5

Are there any legal boffins here who can clarify my position with regards to suing Mobile Rainbox (MSols Ltd.) for unpaid cashback of £142.50, bearing in mind that I live in Scotland? As per my previous post, Money Claim Online is not an option as the claimant is required to have an address in England or Wales. I was considering making a postal claim to the County Court in MSols' jurisdiction but on further investigation I'm not sure that will be necessary.

I believe it may be possible for an individual ("consumer") to bring proceedings against the other party in consumer contracts in either the other party's jurisdiction (England in this case) or the consumer's jurisdiction (Scotland). Meaning that I, as an individual consumer, can take action against MSols Ltd. as the other party in our consumer contract in Scotland, even though they reside in England.

I am unsure how this would apply to the Small Claims Track, if any special terms come into play.

See http://www.opsi.gov.uk/si/si2001/20013929.htm paying particular reference to Schedule IV paragraphs 7--9.

Any advice on this matter appreciated. It's a little more difficult for me to pursue due to living in Scotland, but I will not let this matter drop as they seem to expect.

mgb

I'm in Scotland and an english friend has kindly allowed me to use her address for correspondence.

My question is, I'm sure I read somewhere that I can claim expenses - up to £30? Is this so, and if so is there some guidance available on the money claim site, as I can't find any.

My hubby and I both have cashbacks due, do we submit individual claims or can we do a joint one, and is there any particular benefit to one?

Any guidance would be much appreciated.
Thanks
mgb

Paul_M_5

Strangely enough, out of the blue last week Mobile Rainbow started calling my parents' house (which was the land line number I gave them when I signed up to my contract), even though I'd stated in all correspondence to call my mobile. Eventually they did call my mobile to tell me that my cashback was being paid in on Monday, and would appear in my account on Wednesday (yesterday).

They then phoned my parents' again on Monday leaving a message that the payment had been made and would show up on Wednesday. Sure enough come Wednesday I had a credit for £142.50 -- exactly the amount owed for the final cashback on my account!

I have no idea why they suddenly decided to pay, I haven't been in contact with them for well over a month (at which time I gave them 14 days to pay before I resort to civil recovery). This cashback was due about 3 months ago!

I'm sure I'd have got it back had I pursued it through the small claims court, but it saves me a lot of hassle in light of me being in a different jurisdiction within the UK.

Case closed!

Quentin

mgb wrote: »

My question is, I'm sure I read somewhere that I can claim expenses - up to £30? Is this so, and if so is there some guidance available on the money claim site, as I can't find any.

My hubby and I both have cashbacks due, do we submit individual claims or can we do a joint one

No expenses, but you can claim for loss of interest from the date the money should have been paid. The MCOL shows you how when you complete the claim.

The £30 is the fee you pay to MCOL for issuing the claim.

You claim that on top of the money (and interest) you are owed.

This gets automatically added to your claim by MCOL.

You need to claim separately.

Paul_M_5

mgb wrote: »

I'm in Scotland and an english friend has kindly allowed me to use her address for correspondence.

My question is, I'm sure I read somewhere that I can claim expenses - up to £30? Is this so, and if so is there some guidance available on the money claim site, as I can't find any.

My hubby and I both have cashbacks due, do we submit individual claims or can we do a joint one, and is there any particular benefit to one?

Any guidance would be much appreciated.
Thanks
mgb

I think you may be entitled to reasonable expenses (and certainly the cost of bringing the case, which will be £50 now I think). In the English small claims system I believe you can present your case in absentia if you have reasonable grounds -- those being that it would be unrealistic to expect you to travel that distance for a relatively small claim value.

If your accounts are in different names then I expect you have to claim separately, as you're suing for breach of contract against MSols, therefore it must be brought by the individual named on each contract.

Quentin

MCOL does not require a court appearance by anyone if the claim is admitted or the Defendant ignores the claim. The Claimant wins and the court issue an order to the Defendant to pay the claim.

But if the Defendant enters a defence then a court hearing is arranged at the Claimant's local court. Mgb would have to turn up at their own expense to their English friend's court, as the hearing would be held there.

The question of any out of pocket expenses for attending court is dealt with at the time of the hearing, and is separate to the claim.

The court fee is £30 for a claim up to £300.

mgb

I received a phonecall today from mobile rainbow, and they told me I would be getting my second cashbacks in 7-10 days. No word of the third ones. Told them I had started the Moneyclaim online form, and would be finishing it tonight. The only way for them to avoid proceedings would be to direct transfer money into my account - that is the full amound due - tomorrow.

Then I terminated the call. Will keep you posted, and we do intend to pursue for this cash. Why won't they just pay up, it will cost them £50 for my claim due to the size (over £300), and I believe £30 for my husband's claim, which is only £83.33. They aren't saving any money at all by stalling.

My finger will be poised over the "submit" button on the MCOL site on Saturday morning lol.

Thanks for your help and advice.
regards
mgb