New Info On Mobile Rainbow (merged)

grayme-m

al_uk wrote: »

Later Msols sent a message asking me to inform the Court that it was paid and that they want the reference removed from the register..,

Quentin wrote: »

They have every right to request this, though they should not need to.

If there has been a judgement issued to them to pay up (which there has), then the Claimant must inform the court when full and final payment has been received.

This does not "wipe away any trace of wrongdoing", but it shows that the order has been adhered to, and the money paid over.

They cannot take the Claimant to court over this, but they can contact the court over the matter, and the court will in turn contact the Claimant and require him to confirm whether or not payment has been made.

It will save all this if the Claimant just e-mails the court and notifies them of the payment without waiting for more correspondence.

Is there confusion over terminology?

al_uk's 'removing a reference' sounds to me like a 'wipe it away like it never happened' rather than how you appear to read it that there was a valid claim 'that the order has been adhered to, and the money paid over'?

Quentin

All a Claimant has to do is inform the Court when the Defendant has made the full and final payment.

It is up to the Defendant to make any further representations to the court about the CCJ.

As long as the Defendant pays up within 28 days of the Judgement then they (the Defendant) can ask for the judgement to be marked as settled, which means it won't go on the register of CCJs, and in turn won't go on their credit record.

But before the Court can do this they must have the Claimant's confirmation.

The Claimant must inform the court if the payment came as a result of the Court's judgement. If the Defendant settles "out of court" before judgement, then the Claimant need not contact the court.

dclparker

After reading this thread for some time i've just issued a court order against MR yesterday. They were very slow at paying the 1st cashback (18 days late) but the 2nd still hasn't been paid after 70 days which is becoming a joke. You'd think 2 emails threatening court action would be enough to prompt them into paying but they probably think most people will not carry out the threat. So I'm now waiting to receive all (outstanding and future) payments + costs.

Redalligator68

Mobile Rainbow appear to be playing a clever game in promising cash back by following certain rules during the course of the contract and then failing to deliver the cash back at the end of the contract.

Don't be niave and get caught out like I have. I lost £225 that I thought have I would be getting just prior to the mid term school holidays. Money that our family had planned to spend.


Don't be tempted by the deals on offer.
I wouldn't go near them again.

jackyw

I have finally issued a claim against MSOLS for the third and subsequent cashbacks plus court costs plus £50 costs for my time etc.

They rang me to say they would pay it all within 5 days if I dropped my claim for the £50 costs.

They rang later that day to offer me 2 deals - either the original one (above) or they would pay the £50 and this cashback, but the remaining 2 cashbacks would not be paid until their due date.

Neither of these are acceptable, of course, given that a court claim is pending for the whole amount.

MSOLS have now filed a 'defence' against the claim (which in my view does not address the central part of my claim, that they are in breach of their own contract therefore the whole contract should be considered as void), which means it now needs to be heard in court, rather than online, and just paid the cashback due now.

Does anyone have any useful information to offer please?

Jacky

Does anyone

tisme_2

jackyw wrote: »

I have finally issued a claim against MSOLS for the third and subsequent cashbacks plus court costs plus £50 costs for my time etc.

They rang me to say they would pay it all within 5 days if I dropped my claim for the £50 costs.

They rang later that day to offer me 2 deals - either the original one (above) or they would pay the £50 and this cashback, but the remaining 2 cashbacks would not be paid until their due date.

Neither of these are acceptable, of course, given that a court claim is pending for the whole amount.

MSOLS have now filed a 'defence' against the claim (which in my view does not address the central part of my claim, that they are in breach of their own contract therefore the whole contract should be considered as void), which means it now needs to be heard in court, rather than online, and just paid the cashback due now.

Does anyone have any useful information to offer please?

Jacky

Does anyone

Hi Jackie,
I had a claim against M R and that was for 4 phones (read my previous postings) and because they failed to honour their part of the contract they paid out all 4 remaining cash back claims and costs and stress/hassle of £30.
I would hold out for the full amount, all the cash backs and the £50. I believe they will not want to go to court (and if they did they have to come to a court near you ) just to save themselves £50, also they would prefer not to go to court and take a chance on losing and having a court judgement against them.
This is their main worry, I don't know if anyone has actually taken them to court for their money. I was totally prepared to do that but they paid up and took that option away from me.
The final decision has to be yours but be positive, we all know it's not about the money, it's about getting what is rightfully yours. They play the percentage game and a lot of people fall for it. I'm looking for a new contract shortly but i will not be going with M R again, mainly because they have tightened up their terms and conditions to make it harder to claim the cash back.

Good luck, let us know how you get on -BE POSITIVE-;)

renfrew999

Oh how I wish I had found this thread before taking out two contracts through Mobile Rainbow!! I have waited approx 2 months to be credited with two lots of cashback and decided to phone them today. With my phone they stated that I had sent in the 7th bill instead of the 6th but when I pointed out that I was originally supplied with a PAYG instead of a contract and therefore my contract was later in starting they have told me they will look into it and phone me back. (I wait with baited breath!) My wife's contract seems a bit more serious. I sent in her 6th month bill but they now claim she should have sent in the first 6 bills but I am convinced this has changed since she took out the contract on 02.11.06. It was an 18 month contract with 12 months free. My recollection is that the T&C were in a pop up box but they now have a seperate link to their T&C which backs up what they say. I wrote everything down when I took out the phone. Does anyone happen to have a copy of the T&Cs that would back up what I believe was the case when the contract was taken out? The girl on the phone won't accept what my wife says without proof!!!

tox

Yes you are right - they have changed their terms and conditions - an act of questionable legality. I have a copy from December 2006 you can have - reply to this thread and if you're still around we can make contact (I might be able to C&P to the forum but they are at home). The T&Cs pop up in a little box that makes them difficult to read - but I have copy/pasted them.
Off to doubltessly waste time phoning them for my first cashback...

tox

As promised (had them on my work PC after all) section 9 (irrelevant) removed to fit post limit
:
[FONT=&quot]1. General:[/FONT][FONT=&quot]
The following are the terms and conditions for the supply of products and services by Direct Phone Shop (a trading division of MSols Limited). We may change these Terms and Conditions from time to time without prior notification. However, the changes will apply only to the orders received after the change.
1.1 It is important that you read and understand these Terms and conditions before placing an order from us. This is to avoid any misunderstandings as to what we and you are expected to do. If there is any term that you do not understand or want us to clarify, please notify our Customer Services Department before placing the order. Orders placed through Direct Phone Shop for all the products including - without limitation - mobile phones and accessories by a buyer (“you”) accepted by Direct Phone Shop (“we/us/our”) are subject to the following Terms and Conditions and no alterations proposed by you or us shall be binding unless we agree to it in writing.
1.2 Any agreement entered into is personal to you and only you can enforce these terms and conditions. Third parties cannot benefit from this agreement under The Contracts Act 1999.
1.3 This agreement shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.
1.4 Each of the clauses of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one clause shall not affect the validity of any other clauses.
1.5 Each offer may have specific Terms and Conditions associated with it and these will be explained to you by phone or on our website at the relevant page.

1.6 Your age must be 18 or above to order any products from us. Also you must be a resident in the United Kingdom. By ordering from us you confirm that you are at least 18 yrs and residing in the United Kingdom. Delivery can only be made to addresses within the United Kingdom.

1.7 If either of us cannot perform the obligations that we have agreed to in this Agreement because of circumstances beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities, either party will not be liable for it.

2. Offers:

2.1 Offers available on our website or any of our affiliate website or any other marketing medium used by us can be changed at any time. Some of these offers refer to the pay monthly contract deals wherein you are required to sign up a new contract of minimum 12 months duration with a chosen network operator.

2.2 Offer of a free phone in a pay monthly contract is dependent on the handset and the network tariff plan selected at the time of purchase. It will be further subject to your passing the status check or the credit check required by the network operator.

2.3 SIM Free phones and accessories (unless included in the offer) will always carry a price and the above conditions (2.1, 2.2) may not be applicable.

3. Ordering from us:

For all the orders received online:

3.1 It cannot be assumed that the order has been accepted by any or all means.

3.2 An automated email is sent immediately after the completion of the order; this email message should only be treated as an acknowledgement of the order placed on the website.

3.3 The acceptance is subject to the status check and any other checks required by the network operator.

3.4 The acceptance is subject to availability of the handset and the chosen tariff plan from the network.

3.5 In case of SIM Free phones and accessories, the acceptance is subject to the availability of the handset and successful credit/debit card check.

3.6 In case of pay monthly contract deals where the handset is free, an administrative fee of £1.99 will be charged for the verification of card details, determining credit limit and establishing ownership. The fee will be debited from your credit/debit card account supplied at the time of purchase.

4. Pricing:

4.1 All the phones associated to any pay monthly contract offer are free of cost unless other wise stated.

4.2 Prices for SIM Free mobile phones, accessories and/or PAYG mobile phones are stated clearly on the website and may change at any time without prior notice.

4.3 All prices are inclusive of VAT.

5. Price Match Guarantee: (Not applicable for SIM Free phones)

In case you find a better offer than those displayed on our website you can inform us and claim for price match guarantee. This claim is processed based on the following conditions:

5.1 Offer must be on / with the same handset model and the price plan.

5.2 To enable us to verify the offer and validate / invalidate your claim, you must provide us the links and / or all relevant documents (such as Terms and Conditions of the website that you are referring to).

5.3 We match the price only with the legitimate and well established dealers.

6. Availability:

6.1 We cannot guarantee the availability of any particular make, model and colour of the products displayed on our website, and consequently will not be liable for the delay in delivery of any product if such be the case. If any specific product is out of stock, we will keep you informed of the estimated delivery date. If you want to check the availability of any product please feel free to call our Customer Services line.

7. Delivery:

7.1 If you have purchased a contract phone from us, deliver will be free to all the address locations with in the UK mainland. In the cases where certain date and time of delivery is requested the delivery will be charged for. Shipping charge of £5.99 is applicable in case of SIM Free phones.

7.2 We try to deliver goods on the next day in most cases. In case it is not possible to deliver the goods on the next day, it is delivered within a reasonable period of time.

7.3 To serve you better we recommend you to decide and tell us the time of delivery as per your convenience when you receive the order confirmation call from our Sales Verification Department. In case the product is out of stock or there is a delay in delivery we will keep you informed.

7.4 Estimated time of delivery is as mentioned in the table below:[/FONT]

[FONT=&quot]Day and Time of Order Placed[/FONT]
[FONT=&quot]Estimated Time of Delivery[/FONT]
[FONT=&quot]Monday to Thursday[/FONT]
[FONT=&quot]Before 12:00 Noon Next Day[/FONT]
[FONT=&quot]Friday before 2:00 pm[/FONT]
[FONT=&quot]Saturday (Not Guaranteed)[/FONT]
[FONT=&quot]Saturday and Sunday[/FONT]
[FONT=&quot]Tuesday[/FONT]

[FONT=&quot]7.5[/FONT][FONT=&quot] In case the product is not delivered with in the stipulated time period for any reason beyond our control, we will not be held responsible.

7.6 In case the product is not delivered with in the stipulated time period for any reason with in our control we will refund all the money charged from your credit / debit card, provided we receive the returned product with in 7 days of delivery in original condition as delivered.

7.7 For all orders placed between December 18, 2006 and December 21, 2006 the delivery will be made by December 23, 2006. However, there is no guarantee since delivery will depend upon time involved in order processing which includes order confirmation, and other checks as required by the networks, and stock availability.[/FONT]
[FONT=&quot]7.8[/FONT][FONT=&quot] For all orders placed between December 22, 2006 and December 31, 2006 the delivery is not guaranteed before the first week of January 2007.[/FONT]
[FONT=&quot]8. Product Warranty:[/FONT][FONT=&quot]

All mobile phones supplied by Direct Phone Shop are covered by a 12 month manufacturer’s product warranty (Not applicable on Clearance and / or Refurbished phones and accessories). If a product develops a manufacturing fault with in 14 days of receipt, we will exchange it for a new one. Additional insurance may be available at an extra cost for certain mobile phones. When a product is exchanged and found to have a fault caused by the customer (e.g liquid contamination/ drop damage) then the customer will be liable for the SIM free or RRP cost of the replacement. Any such cost will be debited from the credit / debit card details supplied.

9. Cancellation and Return Policy:
[/FONT]
[FONT=&quot]10. Cash Back Policy (Prior to 13 October 2006):[/FONT][FONT=&quot]

To claim the cash back or any free gifts associated with the offer you bought from us you must comply with the terms mentioned below:

10.1 Cash back schemes and / or free gifts may vary for each offer displayed on the website so it is mandatory for you to remain connected with the same handset supplied by us and the tariff plan chosen by you at the time of placing the order. In case the tariff plan has been changed, we will process the cash back claims only for the cases where the tariff has been upgraded. All the cases where the tariff was downgraded will be rejected.

10.2 To claim the cash back it is necessary for you to pay the airtime bills/invoices by direct debit. Payment of invoices using any other payment method will result in rejection of the claim. Payment for the cash back amount will be done using BACS transfer in the same bank account which has been used for the payment of invoices through direct debit.

10.3 To claim the cash back you must make sure that the billing address remains same as the delivery address where the handset was delivered. This address should remain same until all the claims have been made and processed.

10.4 To claim the cash back you must make sure that there are no outstanding payments or delayed payments in your airtime account.

10.5 All the cash backs are funded by the commission that we receive from the network on your account. In case network reduces the commission for the tariff plan chosen by you, we have full right to alter the cash back scheme. This will happen only if the change in commission takes place before we connect your handset to the network. In case the change in commission takes place after we have connected your handset to the network it will have no impact on the cash back scheme applicable for the order placed by you.

10.6 All the cash back claims must reach us latest by the 15th day of the month consecutive to the due month printed on the cash back voucher, through registered post. We will not be liable for any claims lost or misplaced.

10.7 Along with vouchers you are required to send all the air time bills in original. These bills must contain all the pages as it was received from the network. These bill should be for all the months prior to the cash back due date. It is your responsibility to retain the copies of your airtime bill as these will not be returned after the cash back claim is processed.

10.8 Claims received with the photocopies of the bills, scanned copies of the bills, computer generated bills, duplicate bills issued by the network, and photocopies of the vouchers will be rejected.

10.9 Any cash back claims received with out the cash back voucher, with the wrong cash back voucher or incomplete cash back voucher will be rejected. Proper care needs to be taken by you while sending in the cash back claims. These cash back vouchers are normally sent to all the customers after 14 days and before 30 days of connection.

Under no circumstances the cash back vouchers will be re-issued to any of the customers.[/FONT]
[FONT=&quot]11. Cash Back Policy (For the period 13 October 2006 to 30 November 2006):[/FONT][FONT=&quot]

To claim the cash back or any free gifts associated with the offer you bought from us you must comply with the terms mentioned below:

11.1 Cash back schemes and / or free gifts may vary for each offer displayed on the website so it is mandatory for you to remain connected with the same handset supplied by us and the tariff plan chosen by you at the time of placing the order. In case the tariff plan has been changed, we will process the cash back claims only for the cases where the tariff has been upgraded. All the cases where the tariff was downgraded will be rejected.

11.2 To claim the cash back it is necessary for you to pay the airtime bills/invoices by direct debit. Payment of invoices using any other payment method will result in rejection of the claim. Payment for the cash back amount will be done using BACS transfer in the same bank account which has been used for the payment of invoices through direct debit.

11.3 You are not eligible for Cash back if your account has at the time of redemption gone into payment default or “collections”.

11.4 All the cash backs are funded by the commission that we receive from the network on your account. In case network reduces the commission for the tariff plan chosen by you, we have full right to alter the cash back scheme. This will happen only if the change in commission takes place before we connect your handset to the network. In case the change in commission takes place after we have connected your handset to the network it will have no impact on the cash back scheme applicable for the order placed by you.

11.5 All the cash back claims must reach us latest by the 15th day of the month consecutive to the due month printed on the cash back voucher, through registered post. We will not be liable for any claims lost or misplaced.

11.6 Along with vouchers you are required to send all the copies of Bills. These copies of bills must contain all the pages as it was received from the network. These bill should be for all the months prior to the cash back due date.

11.7 Any cash back claims received with out the cash back voucher, with the wrong cash back voucher or incomplete cash back voucher will be rejected. Proper care needs to be taken by you while sending in the cash back claims. These cash back vouchers are normally sent to all the customers after 14 days and before 30 days of connection.

Under no circumstances the cash back vouchers will be re-issued to any of the customers.

12. Cash Back Policy (With Effect from 01 December 2006):

To claim the cash back or any free gifts associated with the offer you bought from us you must comply with the terms mentioned below:

12.1 Cash back schemes and / or free gifts may vary for each offer displayed on the website so it is mandatory for you to remain connected with the same handset supplied by us and the tariff plan chosen by you at the time of placing the order. In case the tariff plan has been changed, we will process the cash back claims only for the cases where the tariff has been upgraded. All the cases where the tariff was downgraded will be rejected.

12.2 To claim the cash back it is necessary for you to pay the airtime bills/invoices by direct debit only. Payment of invoices using any other payment method will result in rejection of the claim.

12.3 Payment for all valid cash back claims will be made within 45 days from the day we receive the claim.

12.4 Cash back amount(s) will be paid to you via cheque(s). In case you wish to receive the cash back payment through BACS, you must email your request to [EMAIL="cashback@directphoneshop.co.uk"]cashback@directphoneshop.co.uk[/EMAIL] before sending in your claim. In case you fail to do so, we will not be responsible for the delay in processing your cash back claim(s). All BACS transfers will be made to the same bank account which has been used for the payment of invoices through direct debit. Each BACS transfer will attract an administrative fee of £2.50.

12.5 You are not eligible for cash back if your account has at the time of redemption gone into payment default or “collections”.

12.6 All the cash backs are funded by the commissions that we receive from the network on your account. In case the network reduces commissions for the tariff plan chosen by you, we have full right to alter the cash back scheme. This will happen only if the change in commission takes place before we connect your handset to the network. In case the change in commission takes place after we have connected your handset to the network it will have no impact on the cash back scheme applicable for the order placed by you.

12.7 All the cash back claims must reach us with in 15 days from the bill date mentioned on the relevant bill for the relevant cash back claim (refer to the tables below) through special delivery. You must ensure that you have the POD (Proof of Delivery) of all claims sent to us. We will not be liable for any claims lost or misplaced.

For Twelve (12) Month Contracts[/FONT]
[FONT=&quot]Relevant Cash back Claim[/FONT]
[FONT=&quot]Relevant Bill[/FONT]
[FONT=&quot]Copies of Bills Required to Claim the Relevant Cash back[/FONT]
[FONT=&quot]First[/FONT]
[FONT=&quot]Sixth (6th) Bill[/FONT]
[FONT=&quot]First (1st) to Sixth (6th)[/FONT]
[FONT=&quot]Second[/FONT]
[FONT=&quot]Eighth (8th) Bill[/FONT]
[FONT=&quot]Seventh (7th) and Eighth (8th)[/FONT]
[FONT=&quot]Third[/FONT]
[FONT=&quot]Tenth (10th) Bill[/FONT]
[FONT=&quot]Ninth (9th) and Tenth (10th)[/FONT]
[FONT=&quot]Fourth[/FONT]
[FONT=&quot]Twelfth (12th) Bill[/FONT]
[FONT=&quot]Eleventh (11th) and Twelfth (12th)[/FONT]
[FONT=&quot]For Eighteen (18) Month Contracts[/FONT]
[FONT=&quot]Relevant Cash back Claim[/FONT]
[FONT=&quot]Relevant Bill[/FONT]
[FONT=&quot]Copies of Bills Required to Claim the Relevant Cash back[/FONT]
[FONT=&quot]First[/FONT]
[FONT=&quot]Seventh (7th) Bill[/FONT]
[FONT=&quot]First (1st) to Seventh (7th)[/FONT]
[FONT=&quot]Second[/FONT]
[FONT=&quot]Ninth (9th) Bill[/FONT]
[FONT=&quot]Eighth (8th) and Ninth (9th)[/FONT]
[FONT=&quot]Third[/FONT]
[FONT=&quot]Eleventh (11th) Bill[/FONT]
[FONT=&quot]Tenth (10th) and Eleventh (11th)[/FONT]
[FONT=&quot]Fourth[/FONT]
[FONT=&quot]Thirteenth (13th) Bill[/FONT]
[FONT=&quot]Twelfth (12th) and Thirteenth (13th)[/FONT]
[FONT=&quot]Fifth[/FONT]
[FONT=&quot]Fifteenth (15th) Bill[/FONT]
[FONT=&quot]Fourteenth (14th) and Fifteenth (15th)[/FONT]
[FONT=&quot]Sixth[/FONT]
[FONT=&quot]Seventeenth (17th) Bill[/FONT]
[FONT=&quot]Sixteenth (16th) and Seventeenth (17th)[/FONT]
[FONT=&quot]12.8 [/FONT][FONT=&quot]In order to successfully claim the cash back(s), you are required to send copies of all the bills required for the relevant cash back claim (please refer to the table in 12.7). These copies must contain all the pages that were received from the network. Along with each claim you also need to send a self addressed, stamped envelope. If a self addressed, stamped envelope is not received by us in any of your claims; an administration fee of £2.5 will be credited from your credit / debit card per instance.

12.9 Claims received with scanned copies of bills, computer generated bills, and duplicate bills issued by the network will be rejected. Additionally claims received through emails will also be rejected.

12.10 In case you have more than one contract from us, you need to follow the aforementioned claim procedure separately and exclusively for each contract.

12.11 Proper care needs to be taken by you while sending in the cash back claims. If any of your cash back claims is rejected as a result of any of the aforementioned conditions, then no subsequent cash back claims will be entertained.

12.12 All early cash back claims will be subject to a £15 administration fee. These claims will neither be rejected nor will be considered as a part of the actual claim. This implies that you will need to adhere to the aforementioned cash back claim procedure when it is due.

12.13 In case the cash back amount that you are eligible for is less than or equal to £50, the entire cash back amount will be paid to you in the first cash back claim.

13. Airtime Contract:

All agreements are subject to a minimum of 12 month contract with your network provider and are totally dependent on the tariff selected. However, this will not be applicable if we have agreed to sell you a SIM free handset or pay as you deal. A 12 month contract becomes essential as it is only when you buy a pay monthly phone that we are able to offer it to you either free or at a subsidized cost, which otherwise is quite expensive. Please note your agreement is with your network provider, not with us. You may need to pay us the connection fee or delivery charges if applicable.

14. Pre Pay Phones (PAYG):

When you purchase a pre-pay phone on any of the networks, you are agreeing to:

1. Register your details with the network for the new mobile number & phone.

2. Credit an additional top-up voucher to the new mobile number account within one month of purchase.

3. Not remove & replace the SIM card supplied with the new phone with an existing one you may already have. If as a result of you not following the above criteria, the subsidy is withheld, we reserve the right to debit up to a further £65 Inc vat from the debit/credit card account details supplied.

15. Link to other Sites:

Within our website we have included links to other websites; we do not accept responsibility for the availability or content of these websites. We do not endorse these sites.

Nothing in the above terms will limit, remove or adversely affect any of your statutory rights as a consumer.

16. Additional Payments:

Where additional payments are required from you as laid out in these Terms and Conditions, you authorise us to take payment via you credit/debit card.

Notwithstanding the above conditions your statutory rights are not affected.


[/FONT]

graham301270

Hi everyone.

Thanks for all the advice regarding MobileRainbow-having jumped through all the hoops, I'm now also in the position of having to go through the online court system. Does anyone know which address I should include-is it their MSOLS Watford address-just that I've seen Northampton mentioned a few times in this thread.

Many thanks

Graham