Mobile Rainbow (cashback rating)

hunter2006

da3017 wrote: »

hi everyone

i am another victim of mobile rainbow. i have taken two contracts out from them in november 2006. they gave me my 1st installment cheque after a long wait. i still havent heard from them for my second and third cashbacks. i have sent them recorded delivery letters threatening them to court. I also have been in contact with trading standards about it. i have been trying to call them since monday but the number doesnt go through.

Is it too late to make a claim through MCOL? as they owe me £520 all together...

Please advise

I am in the same situation: got phones from MR in November 2006 and I just realised there is a big confusion for me.

In MR's T/C
11. Cash Back Policy (For the period 13 October 2006 to 30 November 2006)

There was no '45 days' deadline for them and by then they splitted cashbacks into three installments, i.e., according the cashbacks vouchers came with the phone, for a 12 months' contract, by the 6th, 9th and 12th bills.

MR changed their T/C adding the followings,
12. Cash Back Policy (With effect from 1 December 2006)

In which, the '45 days' deadling added and they splitted the cashbacks from THREE installments into FOUR installments, i.e., for a 12 months contract, by the 6th, 8th, 10th and 12th bills.

I did not know the MR changed their T/C till now and sent them my airtime bills in three times using the cashback vouchers came with my phones in Nov 2006. I got the 1st cashbacks but they failed to pay me the 2nd and 3rd ones.

My questions are,
1. Did I make any mistakes? If not and I file claims against MR through MCOL, can I win?

2. If I claim, can I add interest to the total?

In short, which clause in the MR's T/C applies to me?

Any helps please?

Thanks a lot!

mobilejunkie

So what if they changed their t&c? Has nothing to do with YOURS.

Ch3ng

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

Check my bank accounts - 2 x payments of £581.22 - result! However they emailed back saying they were very suprised that they got an enforcement charge, they only got it 'after' they paid me the money! Now they've written saying that they have paid the £55 bailiff charge to watford county court directly. I've replied saying that they should be paying it to ME as I've already paid the charge and their enforcement warrant should have instructed to pay me not the court! .....anyway I'm taking my time with this, as they keep leaving messages on my home answering machine, and I'm not getting the messages...as I'm currently at uni! They seem really quick to reply and phone about getting the 'judgement cancelled' .. which according to quentin is not possible so I won't - I'll only update the bailiff with the amount ,and the court when they ask me! Well still holding out for the £55 - think they might actually pay if they believe judgement will be cancelled!

Quentin

Leave it to the bailiff to sort out. Don't get involved with the defendant.

The warrant you obtained actually empowers the bailiff to collect your money from them.

When the bailiff is involved, then any cheques collected are made out to the court, cleared through the court's bank, then a cheque is s ent to you from the court.

Paul_Bailey

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

I have finally been paid on all 3 accounts.

I had to take to MCOL, but they finally paid all oustanding monies.

I am now glad that this saga is over, and hope I never hear the words "Mobile Rainbow" ever again.

Good Luck to Everyone!
P

gemini_girl

22.4.08
Hi Paul and everyone on this thread
I was going to post a query asking if anybody on a cashback scheme has had similar problems with Mobile Rainbow who have failed to deliver my last cashback which was due on 18th September 2007. But now I have had sight of this thread, I realize I am not the only one in this predicament.
I have been fobbed off with different replies, in a phone call with Sonali Arya on 18th November 2007 that it would be processed within the 45day policy, to a phone call from Prashant Nair on 18th March 2008 that ‘the problem lay with the phone operators’ but to contact ‘MSOLS’ for the refund (which I understood is the same company so is rather confusing). The network provider ‘3’ was surprised with this assertion as they have no dealings with the cashback offer.
My last email on 25th March 2008 to Mobile rainbow and MSols resulted in a reply from Vikas Kumar that my matter ‘had received a top priority’. Has anyone had similar excuses or that ‘the cashback processed has been processed’ even when no payment has materialized after 7 months. Any ideas as I note that it may be necessary to issue a County Court claim? Thanks

nicole136

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

yes your only hope of any chance of seeing your money will be to take the action of LBA (letter before action) sent via recorded delivery giving them 7 days to pay in full of you will take court action. you can sue for the whole cashback up front as they have "fundamentally breached" thier contract with you. Make sure you use that wording, then sue via moneyclaimonline. its all detailed on these threads if you need further info... I have not had a penny off them and my contract finished end of feb so i am going to court june.

great news paul

henryboy

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

this gets stranger and stranger! I have two contracts with Mobile Rainbow.
I had successfully got some cashback through the courts in times gone by, however the last claim on each contract was not defended so I have issued warrants for the bailiffs to recover both lots of cash. I just checked the mcol website and one now shows as "fulfilled" (they have recovered the money) and the other shows as "unfulfilled" - (they were unable to recover money and I can take no further action) - considering as I have paid £60 for the court action and warrant, this seems a bit harsh and you wonder whether it is worth it if they can just give up at this point?

Quentin

Why not ring the bailiff and ask why they have failed?

It may be the end has come - and they can't get blood out of a stone.

Whatever the reason, they will tell you, and it will be helpful to others if you could post back about it.

henryboy

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

Yes - this did cross my mind, but it is not clear how you contact the bailiff - I was going to wait till I (hopefully!) get my cheque for the successful one, or the explanation letter for the unsuccessful one to see if there were contact details on there. Failing that I presume I could just call Watford Court direct and ask to speak to Bailiff?
Exact wording was :-

The Bailiff has been unable to recover the amount shown on the warrant. You are unable to take any further action online on this warrant.

If you have a joint judgment against two defendants you can try to re-issue the warrant against the second defendant, this cannot be done by using Money Claim Online.