Mobile Rainbow (cashback rating)

Quentin

If what you say is true, then on what grounds do you think you will win a court case?

jlgmax

I am experiencing similar problems with Mobile Rainbow and have managed to get the 3 Executive Office to engage with MSOLs regarding their failure to pay my cashback.

The letters from the Executive Office refer to their (MSOLs) trading agreeement with Hutchison 3G:

I would also draw your attention to the Cash Back Minimum Business Standards that all third party retailers agree to with 3.

I have included points two and three, as I believe they are relevant to this Cash Back claim:

ii. A term that requires a customer to send original bills. Customers are entitled to retain their original bills and copies of bills should be acceptable proof.

iii. A term that charges a fee to a customer for processing a cashback claim. An unreasonably short period (e.g. 28 days) from receipt of the relevant bill in which the customer may make a claim.

Following the intervention of the 3 Executive Office, Mobile Rainbow agreed to pay my cashback claim - but have still not done so 3 months later.

Is there any mileage whatsoever in writing back to 3, stating that I am cancelling my contract - as their authorised dealer has failed to meet the criteria outlined in their "Cash Back Minimum Business Standards" ? And suggest that any comission paid should be clawed back from MSOLs as per their trading agreement ?

Tombola2005

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

nicole136 wrote: »

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.

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

I've left some comments on the other MR thread, but basically I've claimed for 2 overdue cashbacks + the (then) future 4th one. Earlier this week MR paid me the 2 overdue ones + claim fee, but they have tried to weasel out of paying the 4th one early. I'm waiting to hear from the court and will continue to pursue the remaining money.

plduffett

Quentin wrote: »

If what you say is true, then on what grounds do you think you will win a court case?

My argument for the court case is that they broke their terms with their 103 days late payment, and Mobile Rainbow said they would consider my 2nd claim, albeit 1 day late due to the post office taking 6 days to deliver a registered letter if I applied in writing, which I did, but they did not correspond further with me. If there is no track record of Mobile Rainbow not turning up to a hearing, then it does look likely that I may incurr extra costs. From reading other postings, I was under the impression their late payment, offer to consider the 2nd payment, and that their 15vday terms are unfair was enough to proceed with this, but I do acknowledge that I have a problem with the 2nd payment.

Quentin

From what you say, they may well have "considered" your late second claim, and following their consideration have rejected it - though you have not had an official confirmation of this apart from them using it now in their defence.

You could get some advice on your chances of winning using the unfair contract with regard to the 15 day window, as that seems your only hope - their late payment of the previous claim is difficult to now use as it seems you accepted that situation when it arose. (They will just say the late payment was due to circs beyond their control, and they did pay up as soon as possible, etc, and are surprised you now want to use it as a contract breach in retaliation for your breach)

Did you use special delivery (with consequential loss insurance) - if so could you claim against this?

nicole136

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

Nigel,
Dont forget to sent them a LBA (letter before action) by recorded delivery to say what you demand (the owed cash backs and the ones due in the future because of their fundamental breach in their terms and conditions) and state if they do not pay by 7 days of the date of the letter then you will be persueing this through the courts system without further notice. This is favourable to you before taking out a claim as it is evidence you have tried to resolve the matter prior to the courts. Then start the claim proces from what others have been saying on these threads they will have to pay you the whole contracts cashback even if they are not due yet. There is a good sample of a LBA earlier on this thread and i have sent one last tuesday.. keep you posted

nicole136

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

quentin,
cant PM you as no room left in your inbox!
you seem to have a lot of knowledge on these threads, do you know of anyone who has ever gone to court and won owed + future cashback claims before the contract has ended because of the fundamental breach in thier own t+C's with MR or ant other firm?
cheers nicole

Quentin

Yes I do.

plduffett

Quentin wrote: »

From what you say, they may well have "considered" your late second claim, and following their consideration have rejected it - though you have not had an official confirmation of this apart from them using it now in their defence.

You could get some advice on your chances of winning using the unfair contract with regard to the 15 day window, as that seems your only hope - their late payment of the previous claim is difficult to now use as it seems you accepted that situation when it arose. (They will just say the late payment was due to circs beyond their control, and they did pay up as soon as possible, etc, and are surprised you now want to use it as a contract breach in retaliation for your breach)

Did you use special delivery (with consequential loss insurance) - if so could you claim against this?

Think we may have cross understanding on this, they only pd first payment 103 days late when i sent moneyclaim online for total cashback, and they entered a defence saying that as i was a day late with 2nd claim (during postal strike) they would not pay remainder, and i had chased them repeatedly in the interim, i have now completed my year contract. I do not want to pursue this and lose a couple of hundred in hearing fees and their expenses, so wanted to know the likelihood of them turning up to the hearing.

nicole136

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

update on my situation: No response from LBA so today i am starting the legal process. Ill keep you updated