New Info On Mobile Rainbow (merged)

diddy_tong

I submitted a claim for the entire amount of my contract (even though it hasn't finished yet) because they have broken the terms and conditions. The amount claimed was for £420 plus £35 fees. They have challenged part of the claim and but paid me £235. I will still like the court to rule on the rest of the claim - but do I have to tell them I have received part of the money, and if so - how do I do that? Thanks for your help.

ska_mna

I submitted a claim for the entire amount of my contract (even though it hasn't finished yet) because they have broken the terms and conditions. The amount claimed was for £420 plus £35 fees. They have challenged part of the claim and but paid me £235. I will still like the court to rule on the rest of the claim - but do I have to tell them I have received part of the money, and if so - how do I do that? Thanks for your help.

http://www.lawpack.co.uk/small_claims_faq.asp#5003

ska_mna

They seem to now be sending me the same emails over and over again. Well, the small claims court claim will be filed tomorrow. I've tried to sort this out with them but they aren't interested.

**

Dear Customer

Thanks for your email.

This is to inform you that we can only honour cash backs which are sent in accordance with the terms and conditions of the package ordered. As we are giving these cash back from our commissions and thus we are sharing our profit with our customers and to claim it we want our customers to suffice all the terms and conditions.

In order to ensure you are getting the best possible advice and customer service please call our web sales support team on 0870 801 3651 where one of our experienced advisors will be more than happy to help with your enquiry.

Warm Regards,

Sonali

amz84uk

I received the same email this evening....Dear CustomerThanks for your email.This is to inform you that we can only honour cash backs which are sent in accordance with the terms and conditions of the package ordered. As we are giving these cash back from our commissions and thus we are sharing our profit with our customers and to claim it we want our customers to suffice all the terms and conditions. In order to ensure you are getting the best possible advice and customer service please call our web sales support team on 0870 801 3651 where one of our experienced advisors will be more than happy to help with your enquiry.Warm Regards,SonaliPublic Relations ExecutiveCustomer Services HelpdeskMobile Rainbowhelp@mobilerainbow.co.uk Msols Ltd.Parade House135 The ParadeHigh Street, WatfordHertfordshireWD17 1NSLooks like MobileRainbow are VERY incompetent to write emails nowadays.

Tombola2005

interesting development on my claim: MSOLS yesterday paid £235 into my bank account. I'm not sure what to do now: they have not contacted me to let me know they were going to do this and they have not responded to the claim I submitted. I claimed for just over £350 (3 cashbacks + legal fee + interest). I'm not sure how they came up with the figure of £235 as 2 cashbacks would be £210 + the £35 fee = £245. After reading some of the other posts on here I was fearing I would see none of it so this is great. But obviously I would rather get the full amount entitled to me and so have no inclination to drop the claim at this stage.

Does anyone know what should happen next? I've checked the online claim status and nothing has changed on there.

Quentin

You still can progress your MCOL. Don't contact MSOLS about this.

If they don't put in a defence, then when the 14 days allowed for them to reply are up you can ask for judgement. The MCOL form allows you to input how much has been paid, and the judgement will be for the balance owed.

If they do want to defend the action, (the court will send you a copy of their defence, together with instructions on what to do next), then you can still carry on with the case, and if you win they will be ordered to pay you the balance of the claim.

Tombola2005

Fab! Thanks Quentin. I think they have until the 26th Dec to respond. That's if my understanding is correct - the claim was acknowledged which gives them an additional 14 days?

Tombola2005

They've just emailed their defence to me. I won't paste it all here but their opening sentence is false to start with:
"Without prejudice to our rights and subject to the terms and conditions of the cash back instalments, we have paid to the claimant full amount of £351.20, the details of which are mentioned below."
They haven't paid me the full amount. They have paid 2 instalments (2nd and 3rd) and explain that they paid the 1st instalment previously. This is true, but I did not claim for this. I claimed for the 2nd, 3rd and 4th ones (the 4th one being a claim in advance). They have paid £25 towards my fees and say that the remaining £10 + £1.20 interest claimed has been paid via BACS (no sign of that yet but I guess it might take a couple of days to come through).

I guess that I'll now wait for the court to contact me and respond from there.

Quentin

OK.

It's best not to contact the Defendant at all now the case is progressing.

Wait to hear from the court, and follow the court's instructions.

Tombola2005

Ok. I was tempted to reply and point out to them that they were wrong, but I'll just do all that through the official channels.