Mobile Rainbow (cashback rating)

mobilejunkie

Except for one thing; Mobile Affiliates paid me three cheques because of a LBA (not even a summons) just two weeks and a day or two before they went bust - and other things are happening here which have parallels.

mez.pahlan

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

update on my situation. MR have backed down on their attempts to withold my cashback and have said they will be approving my cashback claim.

thing is; the 45 day period runs out on the 13th december and because of the breach of contract i have asked for my full contract to be paid out. if they only pay the first cashback can i still ask for the others since they originally would have refused to even pay the first?

Quentin

From what you say, you haven't yet started out on any legal action, but have resolved the problem by negotiation with the retailer.

How have they breached the contract? You say they have until 13/12/07 to pay you (and it seems that your dispute has been settled).

They have agreed to pay you after you queried their original decision to reject the claim. The courts don't seem to need to intervene yet do they?

mez.pahlan

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

no thats right after the threat of legal action the matter has been resolved. but from what i am reading on this thread i'm not at all confident that MR will honour any futher claims without another threat of legal action and wasted time and effort on my part.

in addition had i not kicked up a fuss they were quite happy to not grant me my cashback and suspend any futher ones.

i guess what i want now is to protect myself from having to do this again for the remainder of the contract knowing that it will be a hassle each time.

i should add that they still havent sent me a check that they promised.

Quentin

Until they breach the contract there is little point taking legal action.

If they don't pay you on time, then start the legal process.

pgriff44

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

I put in a claim for all four cashback after the first two were late. Claim three will be late soon and claim four is not due to January. I complete my contract with Mobile Rainbow and T-mobile in January. They have only paid the first two cashbacks and as part of their defence they put in:

We cannot make an early payment for the future cash back claims, as it gives a chance to Claimant to terminate her contract with Network before the contracted period. In the event of early termination, Network will claw back the entire commission paid to us, as per our contract with the Network. This can cause a double loss to us.

Has anyone claim the whole of their cashback in one go when the later claims are not due and have got the full amount?

Quentin

That defence has no relevance to the claim - they committed a fundamental breach of the contract when they didn't pay you despite you complying with the terms.

Once they committed that fundamental breach you were able to consider the contract cancelled due to their action, and sue for the whole amount.

From what you say they have made a part payment of your claim only and you can continue with the case to get the rest plus your court fees (and interest on the late payments if you claimed that as well)

nicole136

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

I have been waiting 75 days over the 45 days for my 1st cash back and the 2nd was due 5th december. had the usual blah blah blah from them.

I was about to send the letter of intended court proceedings via recorded delivery and demand the £420 for my full 12 months cashback. (i.e. 12 x £35) But then i remembered i may have had half price discounted line rental from 3 for the first 3 months, so i rang 3 who confirmed this and have re-written the letter, as it would have been contested in court as i was claiming for too much. My amount to claim is £367.50 for my full cash back, just wanted to warn just incase others were going to make the same error.

Big big Thanks Quentin for all your help on this thread, I had unfortunately lost out on phonebox direct as they went in to liquidation and i dont think i can do anything about my claims there can I? So i am eager to take MR to court to get my full cash back before they go in to liquidation too as I'm seriously worried they will.

Has anyone been paid the full 12 months cashback by MR prior to it being due as MR breached thier contract as i am asking them? Has anyone been to court and got the full cash back and costs before the end of the contract.

I have been doing cashbacks for 5 years and only lost 1 due to my not reading the T+C once. But it seems now they sre all beginning to fail.

Ill let you know the response of my letter of intended proceedings, this is my first post.
Thanks
Nicole136

Tuddsy

I am currently in the process of taking Mobile Rainbow to court for the full contract amount. Currently at the stage where they have acknowledged the claim. I will NOT be settling for anything less than the full amount £300 + fees + interest, and will keep the case running, upto and including court appearance. Anyone else behind in payments needs to be taking this action, we cannot keep letting companies like this continue. I'll keep you updated, they have another couple of weeks to file a defence.

plduffett

Hi they have paid my first payment, albeit very late and have sent in a defence for the 2nd 3rd and 4th on the basis that the post office delivered my second claim 1 day late! I have looked at progressing this further, my next stage would be a hearing, but if I lose, I will have to pay the £50 hearing fee and their travel expenses, and lose time from work, so unless I am sure there is no more than a 50/50 chance of them turning up I am considering cutting my losses and leaving as is. I am also owed by phones2u direct, which I believe has the same director, who have also refused to pay saying that I did not send the letter attached to the sim card with my first claim so this is invalid. At the end of the day I stand to lose abour £600, but I cannot risk increasing this, and they know it. Has anyone out there actually had a hearing, and if so, did they turn up? I need to know this before I make any further decisions.