New Info On Mobile Rainbow (merged)

itsamac

I got MR's defence today. They are denying my claim and not paying any more. They even claimed to have contacted me by email and post (which they have not). Only 6 more days before their time period elapses.

Looks like I am off to court.

Quentin

Now they have submitted a defence the case will take its course (the 6 more days they have is now irrelevant):

The case will now be transferred to your local county court, and you will be shortly asked to supply the full details of the claim, return this completed form to progress to a hearing.

mobilerainbowstinks

Surely no company (not even shoddy mobile rainbow) would bother to send a representative (possibly from their call centre in India:rotfl: ) to a court in Northampton or wherever over a such a small amount. It wouldn't be worth their while, especially if you have all the proof in order that they owe you that money.... Any thoughts?
I have today received payment of half my first instalment, the defence they have filed is as follows:

Without prejudice to our rights and subject to the terms and conditions of the contract, we have paid to the claimant the total amount of £130 inclusive of £105 towards first cash back instalment and £25 as Court fee, as per the details below:

Amount Paid: £130
Payment Date: *
Bank Name: *
Payment mode: BACS
Account Number: *


We would like to clarify that the claimant had made a wrong calculation of her cash back instalment. She opted for Relax35 plan 12 months contract with 12 months free line rental, £35 being the line rental.Thus, the correct calculation of her cash back instalments is explained below:

Total cash back: £35 X 12 months = £420
Payable in four equal instalments: £420 / 4 = £105 each (subject to the fulfilment of the eligibility criteria).

Thus, the total amount payable to the claimant for the first cash back instalment is £105 and not £210 as claimed by her in the claim and already paid for, as per the details mentioned above.

We have also intimated the claimant about the payment having been made to her along with the copy of this defence for her reference, by email and letter posted by recorded delivery and has also requested her to withdraw the claim.

We respectfully pray to the Hon’ble Court that claimant be directed to withdraw the claim in the light of the circumstance that the payment has been made, as per the details mentioned above.

How patronising!!! Their devious tricks are very unsophisticated :cool: The first claim is for six months, hence the court claim for six months and I imagine the future claims for three lots of two months. I've informed them I will not withdraw the claim until the full amount is paid, it may take a few months but what the hey, given up getting annoyed about it, been stung and learnt my lesson, if a deal looks to good to be true it most definately is! But like I said I really don't expect to end up in court with them quibbling over £100...

itsamac

I got an almost similar defence lodged - the story of my life with Mobile Rainbow

We have also intimated the claimant about the payment having been made to her along with the copy of this defence for her reference, by email and letter posted by recorded delivery and has also requested her to withdraw the claim.

What !!!!!!! letters or email? The first letter I got from you idiots was the defence you lodged with a note to get stuffed...

My cashback is similiar to yours mobilerainbowstinks, except that I only pay £25 a month. They paid me £75 (instead of £150) and £25.

As I sued for breach of contract and am claiming the whole cashback + fees + £50 expenses, they have lodged a defence.

We deny that the claimant is entitled for the entire amount of £400 as claimed by him

We have paid the claimant the total amount of £100, including £75 towards his 1st cash back installment and £25 towards court-fees corresponding to his first cash back instalment, as per details below

BACS details

We endeavoured to pay the first 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 the interests of the claimant

Claimant is not eligible for his remaining cash back claims as per terms and conditions of the contract.

I have a few problems with that - why didn't someone notify me that they were having problems with their system? Even if they had problems, it doesn't take 90 days to look at some phones, check them off, and type in some details into a BACS file. They must think we are all stupid.

For those that have been stung, I would really recommend contacting Watchdog about them.

I got the court paperwork with their defence today in the post. It says to fill form 9B. What is that?

Quentin

You should have received a form (N149) to complete along with the defence you received.

This is the "allocation questionnaire". If it is missing, then contact the court about this. You have a fixed time to submit this form, and if you don't the case will be closed.

Make the point that their failure to pay your first two claims on time is a relevant breach of the contract.

Maria3416

hello
Has anyone kept a copy of the Terms and Conditions for Mobile Rianbow from Dec last year - i stupidly did'nt and am unable to access them on line (have been advised by them that they are being updated!).

My moan - sent 6 mths bills in June today recieved my cashback of £39.38 - not what i expetected - advised that this is how it is worked out
My bill is £35, mobile rainbow pay in four months installments based on your first nine months of bills (even though by your first cashback claim you have only paid six mths of contract)

sooo £35 x 9 = £315 DIVIDE BY 4 = £78.75 DIVIDE BY 2 = £39.38

if my bills had been recived on time my total cashback claim would have been £39.38 X 4 = £158

my bill for the 12 months = £410 - I was under the impression half price cashback deal meant just that i.e £205 - BUT NO - i have had all the same excuses as you all - upgrading computers, 7-12 days etc etc.

My second cashback installment bills were submitted due to me being annual leave and third cashback was given an extra three days due to the postal strike but only informed today i will recive no further payments due to 2nd claim being late - i am incredibly frustrated.

The webiste is very misleading - i would urge everyone to get in touch with Consumer Direct - i contacted Herts Trading Standards who advised me to inform Consumer Direct - the more compliants lodged then surely this company can be looked at? and hopefully be closed down. I have informed TMobile and in the procss of contacting the other service providers - i know there is nothing they can do apart from cease buisness.

Any further advice would be appreciated - along with acopy of T & Cs from Dec 06?

itsamac

That is what they seem to be doing at the moment - only paying half the money you are entitled to. I am taking them to court and I am confident that I should win.

As for the terms and conditions, if you go back a few pages (I think around page 17 or 18) someone has copied and pasted them in.

jackyw

I have a few problems with that - why didn't someone notify me that they were having problems with their system? Even if they had problems, it doesn't take 90 days to look at some phones, check them off, and type in some details into a BACS file. They must think we are all stupid.

Itsamac, the wording of their defence (that they had inadvertant problems in paying you on time) is just a standard wording they use no matter what the circumstances. It's rubbish, just an avoidance trick. They used that every time I put a claim in, but miraculously paid me in 3 days when they wanted to.

If I had got as far as court, I would have pointed out to the judge that they are pretty ruthless with people who don't comply exactly with their terms, but they routinely fail to comply with those same terms but don't expect to be penalised for it. BTW, they have company directors based in Watford, a bit closer than India when attending a court case.

On the court docs they completed for me, they were intending to attend (apparently) plus have one witness (presumably an employee I spoke to on the phone?). But whether they would actually have attended, who knows.

Has anyone actually got as far as the court hearing itself?

Jacky

itsamac

If I take out another free line rental contract again, at least there is hope in that Ofcom released an industry code of practices. Of note in the document is this

Ofcom

In relation to a cash back offer, the following terms should be regarded
as unreasonable:

• a requirement that the customer submits their original statements – copies of statements should be acceptable proof;
• charge for processing a cash back claim;
• a requirement that cash back claims are submitted within an unreasonably short period (such as anything less than 60 days, for example);
• terms stating that a cash back payment will not be made if the customer has an outstanding balance on their account.

Although it is only a code of practice and not enforceable, there is always hope that the nice people at MR will comply

Does anyone know the details of the court case where the guy sued P4U over cashback and won?

itsamac

I sent an email to 3 today lodging a complaint about MR. 3 called back to say that it would be passed to their investigations team and if enough people complained, 3 would take action against MR. So, let it rip guys. Lodge your experiences through the 3 contact form if you are on 3 or contact your mobile provider. I am sure they will take a similar course of action.