New Info On Mobile Rainbow (merged)

grayme-m

Tango_Mango wrote: »

To cut the story short they started ringing me continously to confirm that they had sent me a BACs payment and would receive it within 3 working days - strangely i recieved it within 2 days! And they have accepted my complaint to send my 3rd cashback they originally declined.

Oh, i was also recorded the guy whilst he was telling me all that and i got him to re-confirm, don't know if that is legal without the person permission but i kept it just to threaten them.

BACS payments only take two days, makes you wonder why companies always say it takes 3-5...

If you don't have their permission you cannot use your recording in court so as a threat it is pretty weak.

As an aside, someone unhappy with Paypal rang them to get them to admit that they could keep his money for 180 days for any reason they like. At the beginning of the call a recorded voice said 'this call may be recorded'; so he turned that around on them and did just that. :rotfl:

spongebobiscool

Tango_Mango wrote: »

Just an update on what happened about the Cashback they declined saying it was Computer Generated. Mobile Rainbows said they ''honoured my claim'' int he past therefore there was not any problems when i sent print off from the Three online billing.

After calling numerous times (note i practically know all of their names there and they seem to know my house number saying couple figures out of my number they will finish it for me) I rang Bela (Cashback department) and pretty much got angry and wouldn't hang up the phone til she came up with a solution (which she didn't) she tried to find my cashback complaint email and denied any knowledge of recieving this. Even though i had sent it on Friday 21st Sept, and also the Monday and the Tuesday they still denied this.

So, the following day as promised to her i would send thousands (ended up sending about 30-40 emails) i made sure i put Delivery of each of my emails and when they Read these. They deleted all of the emails. When i rang back they said they hadn't received my emails - at this point I was VERY angry as they don't accept complaint letter through the post and emails they think they can delete easily. So i told them i have proof that they have received these, and then they ''double checked'' and confirmed they had.

This time it got so serious i used so much information against them that they knew they had to eventually pay up my declined cashback.

To cut the story short they started ringing me continously to confirm that they had sent me a BACs payment and would receive it within 3 working days - strangely i recieved it within 2 days! And they have accepted my complaint to send my 3rd cashback they originally declined.

I really wasn't too happy about going to court however if worst comes to worst i probably would have.


You have to really stand your ground with them! Fill their inbox with junk.

Oh, i was also recorded the guy whilst he was telling me all that and i got him to re-confirm, don't know if that is legal without the person permission but i kept it just to threaten them.

good on you,im still waiting for my first cashback and for once they instead of the standard "we'll make your payment in next 5-7 working days", they've actually said that they'll pay via BACS within three days from coming tuesday, hoping this time they keep to their word!!

itsamac

Just an update on my case. They have only just acknowledged the online claim, so it looks like they are trying to stretch it out. For those that don't know, if they acknowledge they within 14 days, they get a total of 28 days from when the order is issued to submit a defense or an admission.

pdotie

OK

A quick update on my situation - MR have agreed to pay half my cashback - their rationale is that is all that is due so far. they have also agreed to pay the court fees. what should I do? Take the cash now and then bung another claim in if/when they dont pay up later or hold out as they are in breach of contract anyway?

nettsey

pdotie wrote: »

OK

A quick update on my situation - MR have agreed to pay half my cashback - their rationale is that is all that is due so far. they have also agreed to pay the court fees. what should I do? Take the cash now and then bung another claim in if/when they dont pay up later or hold out as they are in breach of contract anyway?

No no no, do not accept half the cashback - go for what you are entitled to. This company will do all it can to stall payment.

nettsey

Update on court claim

Well phoned them yesterday to see what it happening etc, MR said that they will pay £140 cashback and only one £30 court fee. (I had 2 contracts so have issued two court claims) They will only pay one court fee as they say I have sent in two duplicate claims. Told them I had two contracts so they are not the same one is for each contract and that I couldnt put them on the same court claim as they were due a different times.

After a while of going round in circles (which they do a lot) I said firmly that I will continue with my court claim as I felt that £50 compensation was not unreasonable for the hassle etc they have caused me for chasing all my cashback claims. I would be prepared to go all way to court if necessary just to get what I feel is fair, and to try to stop them doing this again.

MR told me it could take a while to which I replied 'well I have always had to wait for my cashbacks as they have always been late so I am used to waiting. I have paid my court fees and I have nothing to lose. Your company could lose and have to pay me and have ccj's against it.' I then said I am not going to argue with you we are just going round in circles and we will see what the judge says unless you make me a very good offer.

I got this email last night;

Without prejudice to our rights and subject to the terms and conditions of the contract, we have paid to the claimant the amount of £140 towards the third cash back installment and £30 as Court fee, totaling to £ 170 as per the details below:

Amount Paid: £ 170
Payment Date: 05th October 2007
Bank Name: **********
Payment mode: Wire Transfer
Account Number: *********
Sort Code: ********

Please Note: The payment would be reflected in the claimant’s account on Monday, the 8th October, 2007.

We would like to inform you in the above matter that after having word with one of your assistants Ms. Jill on 21st September, we were informed that the claimant has filed two claims bearing Claim numbers ******** and ******** and they being duplicate in substance, were allocated to the District Judge for decision, which is awaited.

We were also informed that the Acknowledgment of service in the two cases faxed by us on 20th September 2007 were in receipt.

Ms Jill had not given any dates within which we should file a defence to the claim and we were informed that we should wait for the District Judge’s Observation on the matter.

We have not received any information from the Court till date but as the last date to file the defense is nearing for the claim bearing number ********, the same is being filed to avoid any complication at a later stage.

We endeavoured to pay the cash back instalment to the claimant within time specified in terms however, certain inadvertent delay occurred during processing of the claim. Once we receive the claim it goes for the verification process, where the claimant’s details are confirmed and verified to ensure that the payment is credited in the correct account. This process is to safeguard interests of the claimant. Msols is not liable to pay any compensation amount to the claimant as no such stress was caused to her.

In view of the aforesaid, it is requested that the claim of the claimant be dismissed in view of the aforesaid payment having been made to the claimant.

We have also intimated to the claimant of the filing of the defense.

They have already paid my £140 cashback I was chasing for court fees and compensation. Ha Ha looks like I will get what I want.

thesaint

nettsey wrote: »

<snip>
MR told me it could take a while to which I replied 'well I have always had to wait for my cashbacks as they have always been late so I am used to waiting. I have paid my court fees and I have nothing to lose. Your company could lose and have to pay me and have ccj's against it.' I then said I am not going to argue with you we are just going round in circles and we will see what the judge says unless you make me a very good offer.
<snip>

Well done for getting as far as you have. :beer:

One thing I should point out is, If they lose the case and pay you, they won't have any CCJ recorded.

spongebobiscool

i have posted earlier. basically i have still not reeceived my first cashback claim from mr despite now having also posted my third cashback claim.

I have rang them on numerous occasions and they kept telling me that would be paid within 5-7 working days.Finally got sick of it and sent them aletter threatnening court action if didnt receive payment by certain date.Rang them to tell them date arrived so would start action against them. But they convinced me to wait 5 days for bacs payment to come through.That date also come and gone.Still no payment an again saying wait 5-7 working days.


what should i do- should i start court action via the website mentioned?

What is the worst case scenario with this online court claims system?I know I have a legitimate claim but Im worried that I will end up forking out even more with no money at end of it.

goshdarnit

grayme-m wrote: »

If you don't have their permission you cannot use your recording in court so as a threat it is pretty weak.

You can however transcribe the recording and use it as a recollection of the call.
If they then deny it they're pretty stuffed as you can produce the recording.

amz84uk

spongebobiscool wrote: »

I have rang them on numerous occasions and they kept telling me that would be paid within 5-7 working days.Finally got sick of it and sent them aletter threatnening court action if didnt receive payment by certain date.Rang them to tell them date arrived so would start action against them. But they convinced me to wait 5 days for bacs payment to come through.That date also come and gone.Still no payment an again saying wait 5-7 working days.


what should i do- should i start court action via the website mentioned?

What is the worst case scenario with this online court claims system?I know I have a legitimate claim but Im worried that I will end up forking out even more with no money at end of it.

You've waited far too long, and have done what I would do aswell giving the company sufficient time to pay up. I would make one final call to MR and ask them to confirm in WRITING (via email) that they have made the payment, etc. If they fail to send you the email confirming payment, I would submit the online claim immediately. You should also threaten MR with your claim intentions, as if they DO send you the email confirming payment, and fail to pay up after 5-7 days, you'll probably have won the court case straight away, with the proof.

Worst case scenario is losing the £30 (or whatever fee) for making the claim.