Mobile Rainbow (cashback rating)

Quentin

iceman09 wrote: »

Dear Sirs,Im writing to you about a fundamental breach in contract that you have made, ........

When you put this in your letter (using "fundamental") I took it you knew about this.

A fundamental breach is a legal term.

When a party to a contract commits a fundamental breach, then this means the other party can sue for the full value of the contract.

Their breach in not paying you as agreed is a fundamental one.

So if you want to you can sue now for the full amount of the contract.

The best option is to go for the whole lot now, which will save you having to go through this again next time they don't pay you on time.

iceman09

This is my first Mobile Rainbow contract and I've not yet reached the first cashback point

cheers Quentin i know nothing of legal terms or sueing people ive learnt a lot today i will sue the ****** for the lot i will keep you informed again many thx

iceman09

This is my first Mobile Rainbow contract and I've not yet reached the first cashback point

22/11/2007
MSOLS Ltd, t/a Mobile Rainbow
Parade House
135,The Parade High Street
Watford
Hertfordshire
WD17 1NS


Dear Sirs,Im writing to you about a fundamental breach in contract that you have made, my first cash back claim was due on 15/10/2007 (45 days after you received my first claim as stated in the terms and conditions on your website). I have kept my side of the contract by supplying you with the relevant copies of bills and posting it special delivery then obtaining proof of delivery after countless hours of trying to get satisfaction out of your customer relations staff im afraid it has come to this final demand letter as you will appreciate my payment is now a fully 37 days late. Due to this fundamental breach in contract I am claiming the full 12 month cashback amount of £367.50 I will be sending this letter recorded delivery and a copy will be made in case of further action. For your records my mobile number for which the contract is in dispute is

I look forward to receiving payment of this amount in full within seven days, failing which I give you notice of my intention to commence legal proceedings in the County Court without further notice.

If it is necessary to pursue this course of action, please note I will also pursue interest and incidental costs.


Yours faithfully

is this any better quentin

Quentin

It's fine.

Head it: Letter Before Action, and add "from the date of this letter" after ".....in full within 7 days".

Good luck

alnsv1000s

Tonight i checked there Credit rating. Last accounts filed earlier this year showed a net worth well into minus figures.

It gives them a credit rating of £0 which means not to give them credit.

They have been trading since 2001 but the accounts are not too good.

MSOLS Ltd have just had thier first CCJ for £25 on the 19/11/07 at Northampton Court: 7QT63069

Just a warning for future claims.

elljay20

are mobile rainbow the same company as phones 2 u???

Tombola2005

I had to issue legal proceedings to receive some/all of my cashback

Quentin wrote: »

It's fine.

Head it: Letter Before Action, and add "from the date of this letter" after ".....in full within 7 days".

Good luck

Hmmm...I'm a little concerned now. I submitted my claim on Monday but hadn't sent them a letter like you have suggested above. However, in the previous 47 days (that's 47 on top of the 45 they state in their terms) I have repeatedly phoned and emailed Mobile Rainbow (helpline and cc: complaints addresses) asking when I will receive the cashback and in the last email I did threaten legal action if I did not receive a satisfactory explanation. True to form, they ignored this and gave me the usual 'delays due to backlog blah blah', when they bothered to reply at all. I detailed all of this in my claim. Even though I've not sent a formal letter then, do you think this is sufficient grounds to have submitted a claim?

Quentin

A LBA is useful as in one document:

It proves to the court that you have attempted to resolve the matter before resorting to court action.

It proves to the court that you didn't "spring" court action on the defendant.

It proves that the Defendant was aware of the action, and that failure to send you the money in time can result in the Defendant incurring your court fees.

If the Defendant makes an issue about not getting prior notice about the intention to take court action, then the court may excuse them from paying your costs even though you win the case.

Also, you have a problem in obtaining costs should the Defendant's payment to you (minus the court fees) crosses in the post with the summons being issued.

You can't rely on a threatening e-mail being accepted as a LBA.

But as you now have issued your claim, there is nothing you can now do but wait and see - there is no way you can cancel and start again without losing the fees you have already paid.

It is up to MR to raise this issue if they see any mileage in it.

Tombola2005

I had to issue legal proceedings to receive some/all of my cashback

Damn. Oh well, thanks for clarifying the issue. If I win and get all the outstanding cashback ok then I suppose I could live with the loss of the costs.

Thanks again for your help with this - and for the speedy response!

alnsv1000s

elljay20 wrote: »

are mobile rainbow the same company as phones 2 u???

MSOLS Ltd's directors are SHIBU VANUOPADAM and RUPINDER SINGH KHURANA

PHONES 2 U DIRECT.CO.UK LIMITED Co Reg: 04048769, 5 CCJ's - 3 Satisfied

09/11/2007WEYMOUTH£210Judgement7WY00889 11/07/2007
NORTHAMPTON CCBC£30Judgement7QT08170 19/04/2007BEDFORD£270Satisfied7BE0044705/06/2007 23/03/2007TROWBRIDGE£270Satisfied7TW0029725/09/2007 08/03/2007NORTHAMPTON CCBC£411Satisfied7QZ1858525/04/2007


Directors: David Ellis and ANGELA GYMER

Credit rating: £0