Mobile Rainbow (cashback rating)

jimyfloyd

Hey nicole,

My update is that they've acknowledged the claim and therefore get 28 days from issue rather than 14 to file defence or accept the claim. I have done exactly the same as you (for an 18 month contract) so here's hoping.

I've basically put this money as lost money so anything back really is a brucie bonus!

James

Sheroo

Damn ! I knew I should have put in a claim for the whole amount as opposed to the second cashback only, which they have paid after court action.

Oh well, at least I got something back.

mez.pahlan

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

hello there

just to update you. MR sent an acknowledgement of my claim and asked for another 28 days. today i received a letter saying they would only pay me £85 (£60 cashback and the rest court fees) and that was all i was entitled to for my first cashback.

this cashback is now well over a month from the 45 days grace period they say in their contract.

firstly the half price cashback for the first 7 months at half of £40/ month is £140. so where did the £60 come from?

secondly they broke the terms and conditions and as per the comments on this thread i am suing for the total amount £395 inclusive of court fees (I added an extra £50 on cos they have been jerking me around but i just want my original money back now).

i am going to proceed with this claim since its so out of order what they are doing. they are criminals. plain and simple. criminals. they deserve to go to jail for a long time.

i wanted to ask Quentin (or anyone else with legal knowledge greater than my own) that can i still proceed with the claim for the full £395 even though they have rushed a bank transfer through of £85?

many thanks

Quentin

Yes - this part payment doesn't affect your original claim.

Don't contact them - just let the MCOL run its course.

If they don't defend it, you ask for judgement in respect of the balance owing from the original claim.

If they do defend it then you need to decide on your action after seeing the defence (as always - irrespective of any part payments received). But if you decide to then continue, the original case will proceed over the balance still outstanding.

mez.pahlan

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

thanks for the quick reply.

i'll let the thread know of the outcome.

cheers

nicole136

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

update on my situation:
after i filed a claim through MCOL for the whole years caSH back up front as they have not sent me my cash back due and i am awaiting 2 out of 4 payments.
Msols have acknowledged my claim and have specified that they intend to defend part of the claim (probably the last two payments in advance due to their breach of thier own T+C's). I guess it is good they are only defnding part, which intimates that they accept part of it. Which means they agree they have breached thier own T+C's, so i guess thats in my favour. They have 28 days now. Ill keep you updated

jlgmax

Has this clause always been on the Terms & Conditions for orders placed before May 2007 ?

13.11 Proper care needs to be taken by you while sending in the cash back claims. If any of your cash back claims is rejected as a result of any of the aforementioned conditions, then no subsequent cash back claims will be entertained.

I dont recall this being on the original version of the terms ? Effectively it is saying that if you miss your 1st payment any subsequent claims are inelligible ?

They still owe me my 1st payment from June last year. The next claim was late due to the postal strikes, so they are now saying that all subsequent claims are void.

Im sure this wasnt on the original terms but I dont have a copy. Can anyone help with that ?

Also - since the first payment is so late can I still go ahead and claim the full year plus costs ?

If MSOLs come back with a defence and state that my subsequent claim was recieved after 15 days what are the actual chances of the court deciding in my favour due to their late payment ? (have any judgements actually been issued against MSOLs yet ?)

Thanks !

jimyfloyd

Right a further update. As expected they have "defeneded" the claim by disputing the amount owed.

Now the strange part. They have paid £92.50 into my account. Now the first cashback owed was for 7 months at 50% of £45 = £157.50

Apparently the court will write to me. I don't get why they have deposited this paltry (and wrong) amount into my bank account?

They really are a set of gits!

jimyfloyd

jlgmax wrote: »

Has this clause always been on the Terms & Conditions for orders placed before May 2007 ?

13.11 Proper care needs to be taken by you while sending in the cash back claims. If any of your cash back claims is rejected as a result of any of the aforementioned conditions, then no subsequent cash back claims will be entertained.

I dont recall this being on the original version of the terms ? Effectively it is saying that if you miss your 1st payment any subsequent claims are inelligible ?

They still owe me my 1st payment from June last year. The next claim was late due to the postal strikes, so they are now saying that all subsequent claims are void.

Im sure this wasnt on the original terms but I dont have a copy. Can anyone help with that ?

Also - since the first payment is so late can I still go ahead and claim the full year plus costs ?

If MSOLs come back with a defence and state that my subsequent claim was recieved after 15 days what are the actual chances of the court deciding in my favour due to their late payment ? (have any judgements actually been issued against MSOLs yet ?)

Thanks !

I dunno - I'm just gonna keep going at them. Especially with what I just posted above!

Paul_Bailey

I've received all cashbacks due with some (non-legal) pressure applied

Jimyfloyd

In responce to you post.

Cashback claims on 12 months contracts are usually at 6, 8, 10 & 12 months.
The first payment would only be for 1/4 of the total claim & not 6 months.

If you have half price line rental on £45pm contract it would make the first cashback claim to be 1/4 of £270 = £67.50.

They have paid you the first cashback amount of £67.50 + £25 court costs = £92.50.

I hope this helps!