Mobileshop.com (merged)

z4kir

Wondering if I have a case in the small claims court... most of this off the top of my head so it's not 100% accurate (dates wise atleast)..

Father signed up for a cashback offer with MS back in late July '06, cashback to be claimed in four stages. Although we signed up online he did contact MS to confirm the first date to send in his claim back, it seems he was incorrectly informed. All he wanted to know was the exact date but the staff were not helpful and simply kept quoting 3rd bill/3rd month (not sure which but have it written down) and as such when he sent his 1st claim it was late and so his claim was denied.

MS being MS did not inform him of the error until Feb'07, by this time he should have sent his 2nd claim. But as he was unaware of the error and relying on the previous information he sent his 2nd claim late, and then all this came to light about two weeks later. I think the first claim was 20 days late or so and the 2nd was around 10-14 days... (forgive me for not having the exact dates etc).

I then personally handled the 3rd/4th claim which were sent in on time according to their timescale... We did write to MS to reconsider their previous decision to decline claims 1 and 2, but never received a reply. When signing up, MS's policy was to process in 40-45 days, this then changed to 60 days.. waited over 90 days for claim 3, afterwhich I wrote to them again chasing it, 2 weeks later received an email saying that the money was being sent by bank transfer (total time: 125 days). Same thing happened with claim 4 waited over 90 days, wrote to them again and on Dec 3rd got the same email saying claim 4 is being paid by bank transfer too (total time: 146 days).

So my question is if I took the matter of claims 1 and 2 to small claims on the basis that MS dragged their heels in paying us then could I argue that it was an unfair clause on imposing a time limit on us as the consumer in sending in the bills late, whereas they as the retailer took twice as long "processing" the claim?

Before people start flaming me, yes I understand that we were late and it was our fault in not following their rules... and no I am not trying to get something for nothing, they took their time paying us back so surely it is only fair to be treated the same...

salerbil

Is there a template LBA?

egduj

Before going through all the trouble of writing letter, etc., try this, it has worked for me everytime.

Go onto their live chat facility

Say that you will not tolerate the usual delaying tactics and that you have compiled a Moneyclaim online and that it will be submitted first thing in the morning unless payment is made immediately.

DO NOT accept any excuses

Say you will not contact them again and the next time they hear from you will be via the legal route.

Cheque will be sent same day

Good luck and let us know the outcome

clairet707

I sent in my LBA for the third time (third lot of claims not third letter for this claim) on monday (recorded 1st class), now coming up to Christmas Im not sure if its RM delaying the letter or not giving proof of delivery but I havent heard anything from RM or MS yet

What next?? The leter was dated the 10th, giving them 10 days, do I act on it on the 20th anyway even if I dont know they have received it?

Totoriko

I have to say that that their automated reply regarding "technical problems with their systems" has now changed. They told me that my claim will be paid within 7-10 days after I sent a email complaining that payment was overdue.
We'll see in 10 days

dov

I have to say that that their automated reply regarding "technical problems with their systems" has now changed. They told me that my claim will be paid within 7-10 days after I sent a email complaining that payment was overdue.
We'll see in 10 days

It appears they have removed all references to the 'technical problems' from their website. Can other's verify this?

Based on Totoriko, I am going to try the email/online chat root for a claim I'm long due.

thor

dov wrote: »

It appears they have removed all references to the 'technical problems' from their website. Can other's verify this?

If this is true then we are going to be entering a very interesting phase. They may have removed it because they have fixed the problem but then why no mention of it on the site? You would have thought that they would want all to know that they can honour their own terms and conditions again.
It might also be the case that MS have lost so much repeat custom because of this fault that they don't want to scare off new customers.
I really hope that it is good news because up until mid 2006 they were probably on of the best cashback retailors around.

dov

I think you mean 'fixed the problem' with the quotes

I doubt they ever had a problem that could not be fixed in a shorter space of time, if at all. No reputable company would leave such a problem for so long and yet be able to pay out via Argos vouchers within days. Its more likely they had a cashflow problem like every other site and have finally restructured. They now don't do large cashbacks, instead they do samller cashback, gifts or have referal links to other sites like e2save.

thor

dov wrote: »

I think you mean 'fixed the problem' with the quotes

I doubt they ever had a problem that could not be fixed in a shorter space of time, if at all. No reputable company would leave such a problem for so long and yet be able to pay out via Argos vouchers within days. Its more likely they had a cashflow problem like every other site and have finally restructured. They now don't do large cashbacks, instead they do samller cashback, gifts or have referal links to other sites like e2save.

I agree with you 100% Dov. I have never believed any of their excuses and have posted many times in this forum saying so. I simply forgot to put in the quote marks. It is such a shame that this company due to their actions have rightly been treated with contempt and cynicism.

misterh

Just got 4 emails from Mobileshop - All of my cashbacks have been processed for payment. At last!

It may or may not have something to do with the letter I wrote to the MD.
Whatever, good timing for Christmas.