Mobile Rainbow (cashback rating)

Sheroo

Opas, thanks for your response. I placed my order on 15th Nov 2006. The last bill I have been advised to send was dated for 24th Oct, I didn't print anything off but really can't remember whether I ticked a box agreeing I have read the T&C's. So I guess I miss out on my last claim of £120

On the positive side, for the 2nd claim, I do have emails from them confirming it has been approved and promising I shall get it firstly within 45 days, then within 15 days, then within 10 days and then within 15 days again ! I am hoping that I can scare them enough to at least get that back with my 'Letter of Action'.

It's a harsh lesson but from now on I am only going to deal with companies that I can easily get through by picking up the phone.

mez.pahlan

None of the above (post details of your situation in the thread)

hey there! firstly let me slap myself around the head for not fully checking out these scam merchants before entering into a contract. and thanks for all the info posted on this thread!

i'm in a slightly different situation to what i have read. i posted my claim and then after a month i emailed MR and asked what the status was. i was told it had been rejected the reason being that i had not sent the claim back in time.

their position is that i sent 8 months worth of bills instead of 7 for my first claim (i'm an 18 monther) and no matter how much i tell them i haven't they won't budge on this.


my position is that according to their T&C (for customers after december 1st 2006) they require the first seven bills. as in the first seven letters from orange asking for payments. which i have sent. and they acknowledge this.


i told them they are in breech of their own T&C's and that i would be taking legal action and the person on the other end of the phone said, "go ahead". i was taken aback to say the least!

the minor point of contention is that i joined orange on the 26th march 2007 and they charge me every month on the 24th. so the first bill quite rightly says the period 26th march - 23 april (which isnt a calandar month i might add) PLUS the period 24th april - 23rd may (as normal. one months line rental in advance). this is dated 24th april 2007.

if their case is that they require the first seven months (which i'd like to point out is not what is mentioned in their T&C. it mentions bills not months) then the first full seven months would be until the 26th october. the 24th - 26th october appears on the bill dated 24 october 2007. which i sent off to them.

in writing this down i am baffled at how they can still deny this. it sounds right to me that i should claim for my money back. does it sound right to you?

cheers very much in advance.

mez

plduffett

Update on my situation, purchased mobile almost 1 year ago, and filed my first claim in line with t&c. Took action with Moneyclaim online. I have finally received my first cash back and court fees, but they have filed a defence against the second and subsequent claims on the basis my claim arrived 1 day late (Royal Mail took 5 working days to deliver first class recorded!). My argument is that they were 103 days outside their terms and conditions in paying me, but I dont want to incurr any further costs as it looks as though they may be financially insecure. Does anybody know what the likely costs will be if I reject their defence and return paperwork for a hearing? I want to know what expenses I could incurr if the court finds in their favour because of the Royal Mail delay.

Quentin

How many summonses have you issued?

Your post refers to receiving court fees from them, but is this for a separate summons?

plduffett

Only one, as I issued it just before submitting my fourth claim, so thought that as I had submitted 3rd ok, and it would take time, was sure all four claims would have been submitted, which of course they now have. Mobile Rainbow had been promising first payment for ages and this is what they have paid plus court fees, albeit 103 days later then their terms and conditions.

Quentin

OK.

Some more questions (it affects how much - if any - further court fees you will have to pay for a hearing).

When did you issue the summons, how much was it for in total, and how much court fees did you pay?

plduffett

Original summons beginning of December, for £360, court fee paid £35, Mobile Rainbow paid £90 + £35 fees but put in defence to say futher claims not valid as 2nd payment submitted 1 day too late. I feel aggreived as they have paid me 103 days late, and said they would consider this at the time even though it was late, as I had had to wait. What is worse, they did not tell me so I forked out further Special Delivery charges, so am considering taking further action. Is it likely they will turn up to defend the case?

Quentin

Before looking at the possible court scenarios, couldn't you claim the remainder from royal mail as their special delivery let you down?

Your further fee to the court for a hearing will be £50. Also if you lose you would have to pay their travel expenses plus a maximum of £50 for loss of earnings (per person).

plduffett

Problem is second claim sent by recorded not special, which I later learned they do not compensate unless lost, or delivered later than 15 days after posting! Will have to think about this, I have until 31st December to file paperwork with court. Do we know the track record of Mobile Rainbow for attending hearings?

Quentin

Recorded delivery is a waste of money when sending in claims like this - they don't pay any compensation even if the item is lost (apart from a book of stamps).

The only way you can get any compensation from RM is to use special delivery and pay the extra for consequential loss insurance.

When they didn't pay your first claim, then they committed a relevant breach of the contract, which meant you could consider the contract cancelled by their action, and sue for the full amount due (which you did). You can continue your action by continuing your claim for the balance now remaining.

They know this (as they have paid you your full court fee - if they felt the case would be dismissed, then there would be no need for them to make any payment of court fees), and their defence is an attempt to scare you off.

So the issue is when you win, will they be able to pay you. You need to weigh up the risks. But I suppose it is a good sign if they have paid you recently, (and the cheque clears), that they are still paying out cashback in response to a summons, as this would indicate they don't want to get a CCJ against them. If they were about to go bust you would think they wouldn't be bothered about a CCJ - which is registered against the company, not the directors personally.