New Info On Mobile Rainbow (merged)

Quentin

If you have got judgement, then they already have the ccj against them.

Does the judgement give them this time to pay? Normally you can ask for immediate payment.

ska_mna

sx7uk wrote: »

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.

Same excuse given to me. All bills were sent and I copied them before they got posted. Delivered and signed for. I have my court hearing in early June.

K271

Yes the judgement did give them 28 days to pay, and I did not insist on immediate payment ... perhaps I should have.

Quentin

Yes, when you ask for judgement you get offered an option on when you want paying.

Maybe you left it blank, and the court have then given them the 28 days as a default if no other is requested.

Anyway, this delay may have a silver lining of sorts.

It seems the bailiff cannot get hold of them (they look to have done a flit), so before you pay for a warrant to enforce the judgement you might want to make certain it won't just be a further waste of money.

See the later pages in this thread:

http://forums.moneysavingexpert.com/showthread.html?t=189718

rev_henry

Hi, I've been watching how things are going with mobile rainbow now for quite a while but I've finally joined now. I'm basically in a similar position to everyone else. I took out a contract with mobile rainbow back in January 2007, on a 12 months free deal. I sent all my cashbacks in correctly, time for payment for the first one and second one came without any money, so I sued them and got the money. I'm now due my third cashback, since December and its looking like I'm going to have to sue them again. I can't claim my fourth one because I upgraded through 3 direct at about month 10, when 3 said the bills would stay the same until the end of the 12 months so I could claim my cashback then decrease due to my loyalty discount. However, the bills went down immediately, so I can't get my last cashback. I'm still vaguely hopeful I'll be able to get all my cashback, because of two fundamental breaches of contract, but maybe that won't happen. That's my story, and if I can help anyone in any way I am more than willing, although there do seem to be resident experts who I am not trying to impinge upon!
Sorry for the essay.

Quentin

You say your third cashback is overdue. Them not paying it on time is a fundamental breach, so if you were to sue over this late payment, then sue for the lot.

(3 cannot be trusted not to apply any retention deals immediately they are agreed - so if cashback is involved, the answer is not to discuss retentions/upgrades before the final billing date around the commencement of month 12 has passed)

Before you do pay out for any summonses to be issued, have a look at the current problems being reported from the bailiff in the thread linked to in the post above yours.

rev_henry

You say your third cashback is overdue. Them not paying it on time is a fundamental breach, so if you were to sue over this late payment, then sue for the lot.

That's what I was thinking.

(3 cannot be trusted not to apply any retention deals immediately they are agreed - so if cashback is involved, the answer is not to discuss retentions/upgrades before the final billing date around the commencement of month 12 has passed)

I realise that now, even though I asked the guy at 3 and he told me about 3 times that it wouldn't start until then, but anyway, you live and learn! It was also due to my impatience, as he offered me a deal I couldn't refuse on an n95 and I did not get on at all with my phone at the time. At least if the money never materialises I'll be a little less out of pocket!

Before you do pay out for any summonses to be issued, have a look at the current problems being reported from the bailiff in the thread linked to in the post above yours.

Yes, I will do, thanks.

O btw, on another note to anyone who's interested, they are now answering their phones, or they were about an hour ago.

Thanks for your help and prompt reply.

shadderz

K271 wrote: »

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.

Did they pay up or are you still waiting? Let me know because I have just sent off my form for a court appearance and wondered if its worth it

shadderz

Has anyone on here been to court and got any money back yet??

K271

No payment received from them despite CCJ.
Court sending enforcement pack ... to initiate enforcement will probably cost me some more money. Are any methods of enforcement successful?