Mobile Rainbow (cashback rating)

gemini_girl

Hey everybody
I was wondering if anybody has had any success with contacting the phone provider to see if they can influence MSOLS to deal with their cashback. I have already sent a LBA to MSOLS on 25th April 2008 but they have not even acknowledged my communication. I have calculated my monetary loss as to £245.00 (which was the total of 2 unpaid cashbacks on a £35.00 line rental) and before proceeding with a court notice I decided to see if my phone network provider ‘3’ would be able to contact MSOLS.
I wrote to ‘3’ on 16th May 2008 as they notified me that they would investigate the matter. But I am unsure if this means they will be able to assist as they informed me that their contractual relationship with Mobile Rainbow ended on 6th February 2008. However, I have noted previous threads so understand that I will probably not be able to conclude this matter without court action. But I would like to know if any phone provider has helped anyone in this situation as I believe that they do bear some responsibility for the ‘cashback’ fiasco. Thanks

en7rha

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

Yippee. Just thought I'd thank you all publically - After "silently" following the MCOL route many have discussed on here I have finally received the final payment and claim costs from Mobile Rainbow (~£170). It seems that although Mobile Rainbow might be a bit shady (and I'd never use them again and would urge anyone else not to) they are trying to make their business work.

bun_2

An update from me, I have a court date for the beginning of August and also an order that Msols pay £225 by 28 May.
Just a couple of quick questions - What happens if Msols don't pay the amount above? Will the judge just take it into consideration in court?
What happens if I should lose the case? Obviously I don't expect to as I have met all of their requirements.I just don't trust them!
Well done to everyone who has been successful, good to see they are still paying out some money.
Thanks

Quentin

If they don't pay as ordered you can start enforcement proceedings.

If you lose, then you have to pay their travelling/loss of earnings expenses (and lose your already paid court fees).

en7rha

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

en7rha wrote: »

Yippee. Just thought I'd thank you all publically - After "silently" following the MCOL route many have discussed on here I have finally received the final payment and claim costs from Mobile Rainbow (~£170). It seems that although Mobile Rainbow might be a bit shady (and I'd never use them again and would urge anyone else not to) they are trying to make their business work.

Just had a call from MSOLS saying they have sent my payment and asking me to tell the court to cancel the claim against them. I'm pretty sure it cancels itself unless I request to have the money recovered by baliffs. But do I need do anything else to close the matter?

Quentin

If they have paid up on receipt of the summons, then that is the end of the matter.

But if you have obtained judgement against them, then the court needs to be informed of the payment (once it has cleared) so that the judgement can be marked as "satisfied".

bun_2

Thanks Quentin, I appreciate your quick response.

Can I enforce the payment order through Mcol or do I need to do it another way.

Quentin

You can only use the court to enforce the £225 payment after you have won the case and got judgement.

Have you? If so, then, yes you can apply for a warrant to enforce the judgement. You can use MCOL if the judgement was done via MCOL.

Log back in, and you will see the option to proceed to a "warrant".

But if you got the ccj by way of your local court, then you will need to apply to them for a warrant.

nicole136

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

second payment they agreed in mediation was due in yesterday, they did not pay. Can i enforce the mediation agreement through the court? I have still got a date for court that i did not cancel just in case they did this.

Quentin

If the mediation resulted in both parties agreeing to a consent order which was approved by the court, then these are enforceable.