Mobile Rainbow (cashback rating)

Quentin

You need to make this decision yourself.

But ask yourself why they have paid your legal costs if they feel they have a defence to the claim.

Now that they have put in a defence the case will get a hearing, which will be at your local court, and you would have to attend.

Though they need not - and may still pay out before it gets to court.

(If they pay you the amount claimed in full before the court hearing, then their record is unblemished despite the hassle they've put you through, as without a judgement there is no ccj marked against them.)

thenjd

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

I suppose the real questions is:-

If I have fully adhered to msols terms and conditions set regarding the cashback but only sent cashback 1, 2 and 3 so far what are the chances of me actually losing the case?

I presume this could take up alot of my time!

thenjd

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

Also in addition to my last post how far did you have to go until they paid up in full? Did they file a defence with you as well?

Cheers

Quentin

thenjd wrote: »

I presume this could take up alot of my time!

You have done the hard work already.

If you fold now, then from reading this thread what do you imagine the chances of them paying you smoothly throughout the rest of your claims, and you having to go through all this again?

See the successes others have reported in the thread - but no-one can make this decision for you.

thenjd

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

Yes you are right but at the same time no one elses case seemed to go this far either.

faztak

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

This company are complete scam artists. I have rang them up many times to check if they had recieved my claim. They said they had recieved as sheduled but never pay up. Keep promising to pay in next 7 days and surprise, surprise.......NOTHING. They have promised to pay me atleast 5-6 times. Sent 1-6, 7-8 and months 9-10 and not recieved a penny. Going to send 11-12 and then take them via the small claims court. STAY WELL AWAY FROM MOBILE RAINBOW SCAM

Quentin

Bearing in mind you can never be certain of getting your money out of a Defendant, if you have decided to spend some money on the small claims court, why wait?

If your claims were submitted in line with the conditions you can get a summons issued now claiming the whole amount due, (plus interest on the unpaid claims so far), following their fundamental breach of the contract by not paying you as agreed.

Tombola2005

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

This all makes interesting (and depressing) reading. I've had a letter back from the Claims people informing me that the claim has been delivered and MSOLS have until Dec 9 to respond. I'll let you know how it proceeds....

Sheroo

I've just sent a lettler of action after reading the top thread - Thanks to those that have contributed.

My main problem is that I did send the 2nd claim within the 15 day time window and it has now been 16 weeks but no cashback. I know I should be able to claim this back by small claims court.

However because of this I have missed the 15 day cashback window for my 3rd claim, my argument with Mobile Rainbow however is that no paperwork has ever been sent to me detailing this 15 day window, and due to the delay in the second payment my timing has been thrown out. Further if they can take well over 45 days to pay then what stops us taking over 15 days to claim ?

Any advise would be welcome ?

opas

Sheroo, did you get or print any terms and conditions when you ordered the phone? I always send a copy of the terms and conditions I was sent or that I printed from the website at the time of purchase. The terms and conditions for Mobile Rainbow are quite easily found on their website - not 100% sure but I think we may have had to tick a box to say we have read, understood and accept their T&Cs before we place our order?

I agree the system is not in our favour but I am not sure how far you will get arguing that it is their fault if you missed the 15 day time limit for the third claim. Have they given you any reason as to why your payment has been delayed? Did you get written statements that your claim was "being processed, blah blah", all their usual excuses but confirmation that it is their fault for the non payment?

Mobile Rainbow are tricky with their claims. When did you place your order by the way? If it was before 1st December 2006 you have until the 15th day of the following month. You are probably aware of this but I thought I'd mention it anyway.