New Info On Mobile Rainbow (merged)

Gareth_English

A question for those of you further along the process.
I'm just about to send in my third claim, but have (unsuprisingly) seen nothing from the previous two.
Would you advise that I put in the MCOL for just the first two, which are outside the 45 days repayment window, or wait?

Advice welcome.

Neillgb

Gareth_English wrote: »

A question for those of you further along the process.
I'm just about to send in my third claim, but have (unsuprisingly) seen nothing from the previous two.
Would you advise that I put in the MCOL for just the first two, which are outside the 45 days repayment window, or wait?

Advice welcome.

The advice you need is in the post directly above yours!!!

Details can be found on this thread as to how to go about it!!

Take this advice and take it quickly. Your concern would be if they went into liquidation prior to enforcement etc. That is a judgement call YOU will have to make.

My experience was with another cash back company. If i had gone down the 'fundametal' route as opposed to suing for money due to date route I would be about £250 better off than i am now!

jlgmax

Just to let people know, I got my payout from Mobile Rainbow via BACS on Friday.

I had rejected their offer to pay in installments and demanded immediate payment. I hadnt paid for enforcement.

So it seems that they are still paying out - good luck everyone !

sk82

Hi!

I am new to the forum and this is my first post. I am in the same boat-I took outn a 12 month contract last year and no cashback I am a student and am also taking them to court. I have a mediation date for next Wednesday, can anyone please give me some tips as to what I need to take/do etc.

Also, how does it work ie, if mediation doesn't work and I have to take them to court (I have never been to court before)?

Thank you!

ska_mna

Msols CCJs update...!

88 CCJS at a total value of £25799

sk82:
I requested mediation too but Msols didn't want to mediate (they declined to mediate). I wouldn't bother with it - just get to court where they probably won't turn up to any hearings, or admit their liability. They're just delaying you in anyway they can.

Anyone know how the Network Commissions work? I reckon the Network's commissions probably come in quite some time after the sales, so I think Msols will be waiting for the last of them to come in and then they'll liquidate when the company's financial tide turns, which surely can't be long.

nicole136

SK82:
i had mediation. hold out for the total amount plus costs. I accepted them to pay 4 x £100 in 4 installments, over may and June, they actually paid the first, but now i can enforce the rest as they did not pay the 2nd. mediation is easy, just ignore the mediator when she urges you to accept less than what your owed as that is "the spirit of mediation"

nicole136

ska ma:
yes cos they stopped selling mobiles a while back, i think your right, as soon as the last of the commissions come in, off they go.
on the other hand, if that was their plan, then surely they would not have made some payments this month?@@@@@@@

ska_mna

Had my court hearing. Msols didn't attend but I still had to go and present my case to the judge. I had provided my documents and claim particulars in advance so he just asked me to confirm why I was claiming verbally. He said that it was unlikely he could award the full 18 months of my contract as we were only into month 15. He looked through the Msols T&Cs looking for anything that would support my case in this regard but could find none. So he awarded my just the 15 months rather than 18 months, which I'm happy to accept. This does go against some comments on here that would suggest you are able to claim for the full amount of the contract due to a breach. He did mutter something about whether the T&Cs would be enforceable at all, but that it was another matter altogether.

Anyway, result is that I've joined the long list of people with a successful CCJ against MSols. Now I just have to hope that they pay, which is the big worry I guess. There are now...

98 CCJ's awarded with total value £29950

Out of those, 5 are registered as have being paid, the last of which was on 21st May 2008.

It's getting silly isn't it. Can't see the company lasting much longer. Those of us with claims had better hope we either get our monies awarded soon or that there is sufficient equity in the assets for an administrator to dish out on if the company liquidates...

Quentin

You need to use "fundamental breach of contract" as your grounds for claiming the full amount owed rather than just the overdue payments.

ska_mna

Thanks for the reply Quentin. I can't have used the right expression, although I did try to point out that I believed the contract to be null due to the breach. No matter, I'm happy with the 15 months.