New Info On Mobile Rainbow (merged)

Quentin

Check the claimants guide on the MCOL website for info on using the courts.

Although straightforward, you really need to understand how to go about it.

The fees vary depending on how far you have to go with the case, and how much you are claiming.

As long as you win, and the defendant is able to pay you, then all fees get refunded to you by the defendant.

K271

Thanks for the advice mobilejunkie I will check again in the t & c's. Anyway, the payment was still 131 days late so they have still fundamentally broken the contract no matter what payment they sent. The court costs depend on how much you are claiming £25 -£30 to send the claim then £50 for a court fee to have the hearing, this is refunded by the court if you cancel at least 7 days before the hearing.
I've told Mobile Rainbow that they have fundamentally broken their contract by not fulfilling their terms and conditions, whilst I have fulfilled the terms and conditions. I have also attempted the court mediation service with them to no avail, so I have given them every chance to pay me.

Tuddsy

UPDATE
Finally got my Court date for Mobile Rainbow. Letter from court asking if i would consider mediation and to call them this week, if i choose not too then will be heard by the judge. Sorry, given several chances and warnings prior to claim, so no mediation and straight onto court - can't wait.

Keep you informed.

K271 - What day is your court date set for?

markymuse

I have had a contract with them for nearly a year now and have not received any cashback at all. My first bill was sent to them in November and despite their terms saying I would receive my cheque within 25 days I did not. I e-mailed them and they said admin problems were delaying the cash back claims. Now in March I still have nothing. I have sent in 2 more claims since and despite them being signed for they have denied receiving them at all. I am now in communication with Royal Mail to find out who signed for them so that I can contest my claims. I will never use this company again and if anyone has any tips on how I can proceed to get the money out of them it would be appreciated. Thankyou

mobilejunkie

Royal Mail won't be able to help much. Proof of delivery is good enough and you have that. You shouldn't have waited so long before embarking on the legal route. Now the danger is they may not be around long enough to pay and you will end up spending more money which you won;t get back. Never let dealers delay with excuses; they wouldn't let you do the same!

K271

Hey markymuse a bit of advice ... don't send your original proof of posting to Royal Mail, they will ask you to if you query proof of delivery. They will not send the original back though so keep hold of it. It doesn't matter who actually signed for it, you have proof of postage and delivery so that's enough. For advice read the previous posts (34 pages) and go to https://www.moneyclaim.gov.uk/csmco2/index.jsp
Good luck.

K271

Tuddsy check your PM When's your case and where is it being held?

**curlywurly**

Hi all, I am in the same boat. Determined to issue proceedings and will do over the next few days, although not holding my breath for the £400 odd I am owed.

Has anyone successfully got judgment against these cowboys for FUTURE cashback which is due? I have Cashbacks 1 and 2 outstanding, but don't want to go through the kerfuffle of suing twice.

And I also wonder if anyone has a judgment whether it has actually been satisfied?

I have skim-read the majority of this thread, but didn't find those answers. Good luck to everyone with their claims.

curly

friendlywatchdog

A customer of collapsed Midlands cashback retailer Mobile Connections (Dialamobile) has had three of his Orange contracts torn up in a case that could spell trouble for operators.

The Communication and Internet Services Adjudication Scheme (CISAS), which settles disputes for Orange and T-Mobile customers, ruled the customer could end his contracts because of ‘significant changes’ from his original agreement.
Mobile operators have always maintained that cashback is a separate arrangement between the customer and retailer, but this latest ruling acknowledges customers reliance on cashback payments to pay airtime bills.
Roger Godsiff MP, whose constituents bore the brunt of the collapse, said: ‘CISAS has not just looked at the strict legality, they’ve looked at the moral obligations of the case, and I would urge other T-Mobile and Orange Mobile Connections customers to contact them.’
The Birmingham man, who had three £40 Orange contracts, was left without any cashback when Mobile Connections went bust in September last year owing £12m to 90,000 customers.
The customer claimed that without receiving any cashback he could not afford to pay the £1,496 demanded by Orange.
And he said it was not made clear that he couldn’t cancel prior to a minimum term without a penalty.
Head of trading standards at Birmingham City Council Chris Neville said it was the first case of its kind that he knew of, and he described the outcome as ‘a victory for common sense’.
Mohammed Afazal, who runs a support website for Mobile Connections customers said there were another 50 cases pending with CISAS, and they were ‘pretty much identical’ to it.

http://www.cisas.org.uk/

nicole136

is this the main mobile rainbow thread?
thanks