Mobile Rainbow (cashback rating)

jimyfloyd

Hi Paul,

Fully aware of this...I have an 18 month contract....

Therefore first 7 months at 1/2 £45 = 7x22.50 = £157.50

Plus the court costs were £35 and not £25 as the amount in total I am claiming is £405. So even if you say it would be the first 1/4 back it should be £101.25 + court costs at the very minimum....

It doesn't matter anyway as I'll just keep goign in court until they pay me the full amount (hopefully!)

gowanlock87

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

I took them to court for my first two installments claiming for £280 (not realising that they pay in equal installments). Unlike the majority of cases im reading they did not defend themselfs (perhaps because Im a student and so did not have to pay/and thus charge them court fees). Instead they just ignored the court summons and I had the court order them that they pay me the £280. Mobile rainbow then rang me to say they would pay me the £315 i am now owed (3 installments). 2 weeks later they still had not payed so i emailed saying that if i did not have the money within 3 days i would be taking enforcement action through the courts in the form of bayliffs. I recieved an email back half an hour later saying they had transfered £280 into my account! i recieved the money yesterday. IM quite looking forward to screwing them over again in a months time when the remainder of my contract will be due.

jimyfloyd

Hi all,

I've got the below from the ****s at MSOLs. What do you think. I see that they write "...£67.50 towards first installment".

Shall I file a counter defence or leave it at that?

James

Without prejudice to our rights and subject to the terms and conditions of the contract, we deny all the allegations made by the claimant in his claim unless otherwise specifically admitted herein under.

We deny that the claimant is entitled for the entire amount of £440 as claimed by him.

We have paid to the claimant, the total amount of £92.50 inclusive of £67.50 towards his first cash back instalment, along with court fees of £25, as per the details below:

Amount Paid: £92.50
Payment Date: 31st January 2008
Bank Name:
Payment mode: CHAPS
Account Number:


We endeavoured to pay the first cash back instalment to the claimant within time specified in terms however, certain inadvertent delay occurred during processing of the claim. Once we receive the claim it goes for the verification process, where the claimant’s details are confirmed and verified to ensure that the payment is credited in the correct account. This process is to safeguard interests of the claimant.

It is submitted that the claimant is not eligible for his second cash back claim as the relevant airtime bills were not received within the stipulated time as mentioned in clause 13.7 of the terms and conditions. The relevant clause is stated below for your reference:

“13.7 All the cash back claims must reach us with in 15 days from the bill date mentioned on the relevant bill for the relevant cash back claim (refer to the tables below) through special delivery. You must ensure that you have the POD (Proof of Delivery) of all claims sent to us. We will not be liable for any claims lost or misplaced.”

The claimant is also not eligible for the remaining cash back instalments as per clause 13.11 of the terms and conditions, which is also culled out below:

“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.”

The court fee of £25 is paid instead of £35, as per EX50 of the County Court fees document, as the amount due and payable to the claimant is less than £300.

We have also intimated the claimant about the payment having been made to him along with the copy of this defence for his reference.

We respectfully pray to the Hon’ble Court that claimant be directed to withdraw the claim in the light of the circumstance that the payment has been made, as per the details mentioned above.

wardleyweb

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

i would like to warn you all about the cashback offereed by mobile rainbow(also called MSOLS) they are just a bunch of conmen, i have had so many reasons from them to not pay my cash back it is unbeleivable.the clamed i had only sent 1 bill, then claimed they had lost my claim,luckily i had sent it reg post and had p.o.d.next the computer system could not find my details,then the computer did not work,then finally the claimed i had not sent the despatch note..all of thes things i did..i was 100% certain my claim was in order,as i suspected they were dodgy before hand.and i was right BEWARE OF MOBILE RAINBOW...AND MSOLS.. before you sign up for a cashback deal with ant company check them out quite a few are now merged with MSOLS.thay have also removed ther freefone help number( in india)so now you have to pay to find out that you have been robbed. please can anyone who has taken legal action give me any contact details and phone numbers of company directors of this con outfit MSOLS,.thanks KEEP AWAY FROM THEM

Paul_Bailey

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

After only 11 pages of bad press for Mobile Rainbow someone has advised us they are conmen & not to deal with.

I would never had guessed that!

Paul_Bailey

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

Just to update everyone on my position.

I have filed 3 claims against MSOLS Limited t/as Mobile Rainbow.

They have acknowledged the claims & now have approx 3 weeks to reply.

They don't have a leg to stand on as they have already confirmed via email that all my claims are valid!

I will update again soon.

jimyfloyd

Nobody got any comments?

jimyfloyd wrote: »

Hi all,

I've got the below from the ****s at MSOLs. What do you think. I see that they write "...£67.50 towards first installment".

Shall I file a counter defence or leave it at that?

James

Without prejudice to our rights and subject to the terms and conditions of the contract, we deny all the allegations made by the claimant in his claim unless otherwise specifically admitted herein under.

We deny that the claimant is entitled for the entire amount of £440 as claimed by him.

We have paid to the claimant, the total amount of £92.50 inclusive of £67.50towards his first cash back instalment, along with court fees of £25, as per the details below:

Amount Paid: £92.50
Payment Date: 31st January 2008
Bank Name:
Payment mode: CHAPS
Account Number:


We endeavoured to pay the first cash back instalment to the claimant within time specified in terms however, certain inadvertent delay occurred during processing of the claim. Once we receive the claim it goes for the verification process, where the claimant’s details are confirmed and verified to ensure that the payment is credited in the correct account. This process is to safeguard interests of the claimant.

It is submitted that the claimant is not eligible for his second cash back claim as the relevant airtime bills were not received within the stipulated time as mentioned in clause 13.7 of the terms and conditions. The relevant clause is stated below for your reference:

“13.7 All the cash back claims must reach us with in 15 days from the bill date mentioned on the relevant bill for the relevant cash back claim (refer to the tables below) through special delivery. You must ensure that you have the POD (Proof of Delivery) of all claims sent to us. We will not be liable for any claims lost or misplaced.”

The claimant is also not eligible for the remaining cash back instalments as per clause 13.11 of the terms and conditions, which is also culled out below:

“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.”

The court fee of £25 is paid instead of £35, as per EX50 of the County Court fees document, as the amount due and payable to the claimant is less than £300.

We have also intimated the claimant about the payment having been made to him along with the copy of this defence for his reference.

We respectfully pray to the Hon’ble Court that claimant be directed to withdraw the claim in the light of the circumstance that the payment has been made, as per the details mentioned above.

Paul_Bailey

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

Jimyfloyd

I think its a case of nerve!

They have paid the 1st of the 4 equal payments.

They have disputed the 2nd claim that also rules out 3 & 4.

If you are confident that your 2nd claim was made in time (ie proof of posting) then you will need to go all the way to court. However if the court rules in favour of MSOLS Ltd (Mobile Rainbow) it will be costly.

I have decided to no longer enter into cashback contracts & I contacted my provider 3 directly towards the end of the 12 month contract & agreed a new deal to extend at a monthly figure of £15 (was £30) with a new phone. It appears more expensive at £180 per year, but NO HASSLE, and no chance of failing to claim my cashback.

I wish you all the best as Mobile Rainbow are W**KERS! :beer:

Tuddsy

Jimyfloyd

Looks very similar to the defence they put in for me. I am currently awaiting a court date after filing allocation questionnaire. They also paid the first two instalments, and then had cheek to say not received claim for the 3rd so not eligible. The FACT is in my case, i made the claim BEFORE the 3rd instalment was due, so as far as i am concerned and by a legal standpoint, the contract was breached BEFORE this was due and therefore irrelevant to my claim for the whole amount.

Not sure if this applies to you, as to when you made your claim.

jimyfloyd

well in my case it's 6 installments as it is an 18 month contract.

I did miss the second installment as I was busy shouting at them to pay the first bloody one. What p*sses me off is that I had to take this to court to get them to even pay the first installment! Which is probably 3-4 months later than they were supposed to pay it!

I might be c*cked then - I am pretty sure that point 13.11 has been added since I ordered my phone but don't have the original terms (never got any!!). I think I'll send some anthrax i nthe post or visit them with some of my friends

Cheers for the advice though everyone!