New Info On Mobile Rainbow (merged)

daisy100_2

Just had reply from court MSOLS ( Mobile Rainbow) going to defend all of claim. Have to wait now until they give reason why. I followed all terms and conditions to claim cashback but not had a penny and I am now in my 10th month of contract. Has anybody else who is taking MSOLS to court had there whole claim defended, and what reason did they give.
Many Thanks.

Quentin

There are reports throughout the thread that this is their normal response to getting a summons.

Defendants are entitled to issue a defence.

In some cases, this is done purely to take advantage of the system. By issuing a defence, it buys more time before the case is settled. It also tests the resolve of the claimant, as to pursue the matter will now involve a hearing.

This means more upfront costs for the claimant, and some may give up at this stage (as well as the cost, there is the inconvenience of taking time off to attend the court, and not everyone is prepared to go through with the court experience).

mygerber

Hi Everyone
Same story as everyone else. I am 2 weeks from finishing my contract and filed a mcol on the 17th march 2008. I did as sugested on the this forum and filed for full amount they acknoledged the claim but waited the full 28 days before entering a part admission. These were
1. I was not due full amount as I could back out of contract after being paid and they would not get paid off network stating only due 3 of the 4 payments. (I am unable to do this as in last month of my contract and have to give 1 months notice)
2. I have not claimed for the correct amount as 3 mobile should have given me 3 months half price line rental. so in their sums £420-£52.50= £91.88 not the 4 x £105 but 3 x 91.88(phoned 3 this is no the case and are investigating the claim made by msols and will be getting back to me)
4. Claiming the incorrect amount for court fees I claimed £35 they say £25 ( not the case as automated payment by mcol as still over £300 and in the courts letter I am told to change the figure back to £35 by the court

with all this said they still want til the 23rd of june to pay.

Does anybody know if by excepting the offer I can claim £52.5 for the half price line rental back on my next claim as I am sure they won't pay without mcol or am I excepting this as the future figure for my next claim as well.
Also has anyone asked for immediate payment and got it because as we all know the right thing for them to do is pay us all without all this S*** now

Quentin

When you claimed for the full amount due, what reason did you give for this.

The grounds for claiming the whole amount outstanding are that by not paying a legitimate claim as agreed the contract has been fundamentally breached.

The defence they have given in (1) above doesn't mention this, and I wonder if you have not used this as the basis for your claim?

mygerber

I though I had used the fundamentally breached letter off this forum but must of delete most of it trying to put too much of the case forward. I only put fundamentally breached in the last letter to mols saying I would take them to court if I didnt recieve payment within 14 days and not the court letter. I also feel they would have entered this defence on the hope I wouldn't take the to the next step of court.

Quentin

If you pursue this to a hearing, make sure you put this in as the reason for your claim being for the whole amount when completing the hearing request.

This also explains their defence point 4. They are saying that as (in their view) part of your claim is not yet due, then they should only pay the court fees applicable to a claim for the sum of money they are admitting is owed to you.

You need to decide on their offer, and their request to delay the payment.

But if you decide to proceed, maybe you ought to get some advice before sending off any more forms to make sure you aren't making an error which allows them off the hook. (They have correctly seized on your vague wording to make a defence against paying out the full amount you have claimed - though you can still sort this out)

sx7uk

I just received a defence from MSOL's Saying they had received the incorrect bills for my first claim making all subsequent claims invalid. I wrote back to the court saying that the correct bills were sent according to the terms and conditions and that I have proof of delivery.

I am claiming the full amount due to fundamental breach of contract. I expect by the time this reaches court, I will be owed the full amount anyway.

rrobbo

My payments were due by the end of last year and I'd only had the first payment of £140 by that time, having been fobbed off with a variety of excuses for the remaining £280. I filed a claim through Money Claim Online for the full amount and they didn't contest it but gave a part admission. They actually claimed that they didn't have enough cash to pay me and request a monthly installment payment plan spread over the next 9 months. I responded to the court saying that this was unreasonable as they were too unreliable to manage the monthly payments. The court agreed with this and told them to pay the full amount immediately. That was a couple of weeks ago and I've not heard anything else. I'm not sure what to do next - when do I send in the bailifs??

Quentin

You can now.

K271

I won too but no payment yet. They have until 28th April to pay before they get a CCJ against them and an enforcement order.