Mobile Rainbow (cashback rating)

Quentin

Tombola2005 wrote: »

do you think it would be worthwhile pushing ahead with the warrant now?

If you now have judgement, then there is no reason why you cannot. (Apart from the usual one - be as sure as you can the defendant is a "won't pay", not a "can't pay").

thenjd

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

Will a warrant need to be issued if that was the case?

Quentin

Do you have judgement?

What does it say about when the defendant should pay you?

Cocotheblackcat

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

:j :j

After filing a claim with MCOL I have finally received the final two cashback instalments owed to me (2 x £90) from Mobile Rainbow + £25 costs. The instalments were outstanding from October 2007 and January 2008. Amounting to £205!! :j

I submitted the claim on 6 February and an Acknowledgement of Service was served by MSols on 14 February saying that they intended to defend all of the claim. However on 5 March MSols sent a Full Admission offering to pay 4 instalments of £51.25 commencing on 7 April. I responded immediately rejecting their offer and asking for immediate payment of the full £205.

On 13 March MCOL issued a Judgement for Claimant, ordering MSols to pay £205 to me forthwith. However in the small print it said that if either the claimant or defendant objected to the rate of payment fixed they had to do so with their reasons within 16 days of posting (the 16 days runs from the date when the Judgement was posted, which in my case wasn't until the 26 March, nearly two weeks after the Judgement was made). The sixteen days was up on the 11th April and I was expecting MSols to appeal, but on that very date at 17.25 I received an e-mail from MSols to say that the money had been paid by wire transfer into my account - and when I checked my account online it was there - ALL OF IT!! :T

Today I received a phone call from MSols asking me to withdraw the County Court judgement as they had paid the money in full. I told them that I would, but I will be leaving it until the very last moment that I can do so - they didn't hurry, so why should I???

Quentin

They are wrong in asking you to withdraw the judgement.

You cannot. The only way they can have it "withdrawn" is by them paying the court for an appeal to be heard. It costs them £100, and I doubt they would want this further expense, besides which they have no grounds to appeal.

All that you do have to do is inform the court that the money has been paid. Do this when they have paid in full and the money has cleared into your account.

Cocotheblackcat

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

Quentin wrote: »

They are wrong in asking you to withdraw the judgement.

You cannot. The only way they can have it "withdrawn" is by them paying the court for an appeal to be heard. It costs them £100, and I doubt they would want this further expense, besides which they have no grounds to appeal.

All that you do have to do is inform the court that the money has been paid. Do this when they have paid in full and the money has cleared into your account.

Thanks for that. Yes, they have paid me in full, but the Court haven't asked me yet if the money has been paid. I seem to remember (from my last success with Nationwide) that the Court write to you and ask for confirmation of payment and give you until a certain date to reply. Am I correct in thinking this, or should I notify the Court anyway?

Quentin

Up to you.

The defendant can ask the court for the ccj to be marked as having been paid. The court then contact the claimant to confirm the payment has in fact been made before doing this.

Cocotheblackcat

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

Thanks. In that case, I will wait until the Court contact me and then leave it until the last possible date to reply. I don't see why I should be helpful to Mobile Rainbow when I have had 6 months chasing them for payment which they left until the 11th hour to pay!

henryboy

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

I have just found this thread after a long time of fighting MSols in the small claims court, it is nice to see that they are still paying some claims. I have received some cashbacks from Msols after they had defended them but they totally ignored my last two claims so I have issues warrants for the recovery of the money at the beginning of April but have heard nothing. Does anyone have any experience of how long it normally takes for courts to recover money via the issuing of warrants?

Quentin

No reason why you can't contact the bailiff directly for a progress report.

But note that once a payment is obtained by the bailiff, there will be around 2 weeks delay before you get paid (to allow for the defendant's cheque to clear, then a cheque to be raised by the court for you)