Mobile Rainbow (cashback rating)

Neillgb

louised wrote: »

Mobile have just shot themselves in the foot !!! My husband had 2 cashback contracts with them, he took them to court to get the first 3 payments on both contracts and suceeded. He did not want to go all the way and claim all 4 in one go in case they went bankrupt, it was alot of money £611. He then put in a claim for the 4th cashback claim for both contract, having followed the procedure of sending a letter of poor service etc. Today however we have received their defence for not paying this. Here it is


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 £208.72 as claimed by him.

It is submitted that the claimant is not eligible for the fourth cash back instalment of the first and the second contract, as per Clause 13.11 of the terms and conditions of the contract applicable to him, as the third cash back claim of the first and the second contract was rejected, the reason being that the relevant documents required for claiming the third cash back instalment for both the contracts was not received by us within the stipulated time, as mentioned in the clause 13.7 of the contract. Therefore, for the subsequent cash back claim, the claimant became ineligible as per clause 13.11, which is quoted below:

“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.”

We shall also send a copy of the defence filed with the Court to the claimant.

We respectfully pray to the Hon’ble Court that claimant be directed to withdraw the claim in the light of the above circumstances.

However in his subsequent claims for casback, he made some working out error, so rainbow mobile made a defence for part admission, part payment, they write this in their defence.

We accept that the claiment is eligible for the ammount of £611.28 including £275.64 for the first, second and third cash back instalments on the two contract held by the claiment and the cout fees of £60. However.......they go on to pointout that my husband made a mistake in his maths and they don't owe him quite as much as he thought.

However in this first claim they have written in black and white he is eligible for the 3rd claim and we also have e mails saying the third claimwas sucessful but there is a delay etc etc.

My question is what do we do next ? We have only received the defence via e mail, I have looked online and cannot find the answer to my question.

Thanks in advance

Hon'ble Court. :rotfl:

louised

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

Neillgb wrote: »

Hon'ble Court. :rotfl:

This just shows the professionalism of rainbow mobile, I just copied and pasted it from their e-mail !!:rolleyes:

da3017

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

Quentin wrote: »

Is this form an allocation questionnaire or a request for judgement?

hi quentin

it was a request for judgement. I received a letter from my local court today. It reads:

Before judge sitting, on 2.6.08.

Upon consideration of the claimants request for Judgment.

The judge orders:

Payment forthwith.



Does this mean there is a light out there for my money to be paid back?

Please help

nicole136

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

went to court today, got a judgement against them, for immediate payment within 14 days. The judge said that i was wrong to claim for the remaining 2 cashbacks up front because they were not due,

I explained about the fundamental breach in their terms and conditions meant i was able to but she disagreed.

Luckily, they have become overdue since so i got the whole lot, but ive read here lots of times about the fundamental breach thing.
Also, i was not allowed to claim for my half a days leave i had to take to attend court, i was told cos i was the claiment, i had to allow for incidental losses, why should I? Ive lost £50 now in Annual leave time. yet they granted me my travelling costs to the court! all £3 of it.

Still at least its done now and all it involved was sitting in a room with a lady, MSOLS obviously did not turn up and she added up the amount they owed me.

Please keep us updated re the bailiffs as that will prob be my next step

Quentin

da3017 wrote: »

The judge orders:

Payment forthwith.

Does this mean there is a light out there for my money to be paid back?

It means you have won, and they now have (another) ccj against them.

You now have to decide if you want to enforce the judgement. (As you will have realised, the Court Order to pay you immediately (dated 2/6/08) is water off a duck's back to them).

wawka

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

[FONT=&quot]I've just been reading through this thread as I have recently become stung by this scam - I'm owed £280 and counting and have been getting strung along the last couple of months but now can't get any response from the company.

Reading the above posts I noted that the paths currently being followed do not appear to be, reliably at least, getting results - e.g. bailiffs, CCJ's etc etc.

Am I right in understanding that the main reason behind this is due to the fact they moved out of Watford 4 months ago? If so I have not seen any alternative contact details on the web and so started to do a little of my own research.

I discovered that they collect the mail on Fridays (not sure of an exact time as of yet) and by my reckoning this will be the easiest way to get some straight answers - at the very least a drop off address from who ever it is making the collection even if it does take some persuasion!

Sorry this has turned into a long post but have only just come across this board and its the first chance I've had to vent on the subject - which has become more important due to a recent redundancy! Thanks, Tom. [/FONT]

nicole136

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

Sounds interesting!

can you send bailiffs in to a different address other than the place you served the original papers to?

bun_2

Hi Nicole136 and ska_mna,

Can i ask what documents you both took to court? I was planning on just taking all my bills and proof of posting and printing out emails verifying that they have received all required items - obviously when they were still replying to emails. I don't have a print out of T&C from when I took out the contract - back in May 2007.

Not very heartening that no payments have been made for a while and they are quite happy for CCJs to pile up.

Good luck, hope we manage to get some money out of them before they go under. My court date isn't until beginning of August so I'm not that hopeful, but don't want them to get away with it.

Thanks

Quentin

You need to supply the other side with copies of all documents you intend to produce in court prior to the hearing.

Include your LBA and the ts + cs to your list of documents.

bun_2

Thanks Quentin,

Sorry to sound thick, but what is a "LBA"? Unfortunately I don't have a copy of the T&C from when I took out the contract.