New Info On Mobile Rainbow (merged)

pdotie

rev_henry wrote: »

Just written this on the watchdog online form:

In February 2007 I took out a mobile phone contract with the above company, on a 12 month free line rental deal. However, when it was time to claim my cashback, the stated waiting time of 45 days came and went and I had not received my cashback payment. After fruitless emails back and forth, in which the company essentially lied to me several times, I took them to small claims court. They then paid the first cashback payment, and the second which was also due. I have now been due a third payment of £75 since December 07, which they have not paid and continue to lie about when I will receive it. I am reluctant to take them to court again as I have been in contact with other customers who have been ripped off by MSols, via the forum on MoneySavingExpert.com, who have taken court action recently, and the company appears not even to be responding to Small claims court action anymore. Therefore I have not taken further court action for fear of losing more money through paying court fees. Other customers have even sent bailiffs round, who have been unable to recover the monies owed as the company's office is a 'virtual office'. Please help us!
Thank you.

We shall see what happens! If everyone else could do likewise I'm sure we will be more successful.

Thanks for this - I have just used this as the basis for my own complaint to Watchdog - my CCJ is seemingly worthless but I am keeping an eye on this forum to see what happens.

P

fabfor

The County Court judge was quite adamant that the fundamental breach idea does not hold water, which means that I've wasted 3 months, £50 plus time off work to end up back where I started:eek: .
Msols now have 14 days to pay my first 2 claims and I've got to start fresh proceedings to try to recover the last 2 which have since become due. Oh well, at least we're still fighting the rogues.

Quentin

Did the judge read the ts + cs?

fabfor

No Quentin, the Judge did not read the Terms & Conditions and expressed surprise when I said that I was under the impression that similar arguments had been successful... I've come away with a leaflet about Third party debt orders which "freezes money" held by the debtor; I'd appreciate any advice on the likelihood of success using these orders please. Thanks.

Quentin

OK - that is the problem.

How could the judge rule their breach was or wasn't fundamental to the contract if he didn't read it?

Just telling him others had argued it successfully wouldn't cut any ice!

It was your responsibility to "prove" your case - and this would have needed you to produce the contract and point out why the breach was fundamental to it.

fabfor

The judge actually led the way with an analogy about a landlord trying to claim rent for the full term of a tenancy agreement after the tenant had vacated prematurely. I was not about to argue law with him so I just threw in the comment about previous successes with the fundamental breach idea but he was quite clear that it was incorrect in principle.

Quentin

fabfor wrote: »

I've come away with a leaflet about Third party debt orders which "freezes money" held by the debtor; I'd appreciate any advice on the likelihood of success using these orders please. Thanks.

The problems with these are:

You need to provide the third party details (ie the bank account details)

They cost £55 (the same as it costs for a warrant to get the bailiffs involved).

You can only try with it on one occasion (so if you apply it to the Bank, and the account is empty on the day you select, then even if £1million is in the account the next day, your order has failed). (At least when paying for an order for the bailiff they will keep trying.)

You have to attend a hearing (if the order has been successful, and frozen the money in the bank account) to actually get the money released. This will be at either the defendants local court or the third party's (ie the Bank's).

So all in all probably not worth all the hassle.

fabfor

Thanks Quentin. Looks like the watchdog route's the only one left open though that is likely to close Msols down once and for all - a pyrrhic victory if ever there was one:o .

rev_henry

Would it not be fairly easy to find out MSols bank details possibly by tracing previous BACS payments? That would be one step of the way towards a possible debt order, although as many people have said before its probably not worth it.

Ash123_2

I sent the baliffs to msols and have now received notificatin that the address is a virtul one, therefore the order has been returned unactioned. Can anyone tell me if there is anything else I can do. Also I would advise against sending the baliff to anyone else as it is a waste of money.