New Info On Mobile Rainbow (merged)

mobilerainbowstinks

Thought you might want the contact details contained within a defence lodged by MSOLS with the court - very interesting they are too.


Can you expalin what happened when they lodged a defence, please.

I have put in a claim against them too, which they have acknowledged, apparently giving them a further 28 days. I don't know if this means they will defend the claim?? It seems to me to be really clear cut they have admitted they owe me the money but won't pay it. I'm not sure that I gave enough evidence in my claim however, that they did owe me. So what next?

jackyw

My impression is that their standard method is to issue a defence to all claims, whether or not it is valid. This buys them time, lots of it, as a defended claim cannot be dealt with online. It is transferred to the real courts to be heard. It can take several months to get a court date. In my case, the court date I eventually got was a good 6 months after the date that the defence had been filed.
There is nothing to stop you or them agreeing a settlement in the meantime, and agreeing to notify the claim as being closed.

I issued a claim on my 3rd cashback (and also claimed for the rest of the cashbacks, court fee and £50 compensation). After attempting to negotiate with me, they paid just the 3rd cashback plus the court fee.

As this claim had not been ruled on by the time of the 4th cashback being due, I issued a 2nd claim for that (plus the remainder of the cashbacks plus court fee plus a 2nd £50 compensation). MSOLS negotiated a settlement with me which I accepted (we exchanged emails to confirm the terms of the settlement).

I was surprised though that they then issued a defence to the claim, but the reason they gave for doing this was that an agreed settlement had been paid. A bit of a devious way of doing it. The agreement was that I would formally waive the rest of the 2 claims upon receipt of the money.

Doing it this way means they don't end up with a 'successful' claim against them.

Before I isssued my claims, I made sure that I confirmed with the customer services people that my current claim had been received by them and was confirmed as a valid claim. Simply noting the date and name of the person confirming this is adequate evidence.

Hope this helps

Jacky

itsamac

Jacky & others,

How long was it between MR lodging a defence and getting the phone call to negotiate?

I got my acknowledgement from the courts today that they are lodging a partial defence to my claim but I have not been contacted by MR.

My next cashback is due to be submitted at the end of this month. Just wondering if I should bother?

peawack48

spongebobiscool wrote: »

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!!

don't hold your breath on this one.
they told me that on 28 august for my second cashback.
it's just another way of putting you off for 3-5 working days as they don't work sat/sun.
i have e-mailed simply3g as they informed that my third cashback had been accepted,they have replied that they have nothing to do with mobile rainbow but will look into my claim?
i now just take the p**s when i phone there representator?up.
told on e lad to get another job with less hassle,it was sound hearing him laughing.
told another i would hold my breath until payment was received and hold him liable if i died.
they started it.

What_User_Name?

Don't bother with MSOLS I've just sent in for my first cash back and did everything as they said. They are refusing to pay as they said I didn't send all pages. I have proof of posting but no way of proving they got all the photocopies of my bills

jackyw

With the first court claim I put in, they phoned to negotiate first then put in a defence and failed to pay either of their offers.
When I put a second court claim in, for the next cashback due, they again phoned first to negotiate.
I think the key thing is to keep suing them each time they breach their payment Ts&Cs, and if you add a sum for compensation each time then you have a negotiating tool.

Jacky

Quentin

The "key thing" to do if you decide to sue them is to sue for the whole amount outstanding (not just the late claim). State on your claim that they have commited a fundamental breach of the contract by not paying as agreed.

itsamac

Update from me...

Well without any warning or contact, MR deposited a part of the first cashback today, not even the whole amount, into my account. I am still going to stick with my court case as its all or a face to face court battle. I now have nothing to lose.

amz84uk

itsamac wrote: »

Update from me...

Well without any warning or contact, MR deposited a part of the first cashback today, not even the whole amount, into my account. I am still going to stick with my court case as its all or a face to face court battle. I now have nothing to lose.

It's common MR procedure. They will file a defence against the whole claim that you've made, with their excuse being that they have paid what you owe - the part payment. How long has it been since you submitted the initial claim?

Stick to your ground, and fight them for the full whack! Good luck & thanks for the update!

itsamac

It was back towards the end of June. The thing is they only paid half of the first cashback, not even the whole amount. The defence that has been lodged is for part of the total amount. I am claiming full cashback + court fee + expenses.