Mobileshop.com (merged)

adiohead

got 4 separate emails today notifying me that my cashbacks will be received in 3-7 days

the LBA worked :T
thanks everyone :beer:

Lynsey

Excellent news, they are pretty easy to deal with. You just need to keep on top.

Lynsey

Serenity_Now

Got an e-mail saying they were processing my cashback, hopefully it's sorted. I have another claim to go, will I have to threaten them again for that?

Quentin

On past experience you will.

dov

dov wrote: »

Before sending LBA letter, try threatening them first via online chat stating that you will sue if they don't pay. It has worked for me and others in the past.

It has worked for me again, though they didn't pay all the claims as 60 days hadn't passed.

Quentin wrote: »

If you want to use their fundamental breach to get paid the whole amount outstanding, then you need to put this in writing.

Well worth the trouble (and the cost of a stamp) to get all your money and not have to go through all the hassle each time a claim is due.

Quentin is of course correct that I could of got all my cashback if I had sent an LBA by post.

One I thing I wanted to double check. Say the retailer refuses or fails to pay back the first cashback. You receive a letter of failure or the money doesn't reach your account by the due date. Immediately after receiving the letter or after the due date arrives you send an LBA. In the LBA do you:
a) request payment for the first payment and threaten to sue for entire amount if not received in X days
or
b) request the entire amount and threaten to sue for entire amount if not received in X days.

My guess is b) as they have breached t&a and therefore they should pay you all of it, but I just wanted to double check.

dov

Quentin wrote: »

If the contract has been fundamentally breached, (which is the grounds you have for being able to "sue for the lot"), and you decide on sending a LBA, then this should be for all cashback due as by the time you get to sending the LBA, then the breach has happened.

So the LBA should be for the "lot", not just the late payment. You get to the "nice position" at the time of sending the LBA, and not if/when the LBA is ignored.

Quentin, I have just seen your answer in the above thread so its b) as I thought. Just wanted to say that your posts are always really clear and helpful, thanks.

Zoom7000

Can someone please explain to me what an LBA and MCO are? I'm due my final cashback and my wife is due a whole 12 months worth!

Quentin: When you say you can sue for the lot, does this include monies already paid to you? Sorry, I'm trying my luck here! lol *Oh, the greed! But hey, breach of contract, we deserve some sort of compensation right? *

mobilejunkie

http://forums.moneysavingexpert.com/showthread.html?t=558661&page

Quentin

Zoom7000 wrote: »

Quentin: When you say you can sue for the lot, does this include monies already paid to you?

No .

Zoom7000

Should this be OK for my LBA? It's for my wife and she hasn't been paid any cashback for the duration of her contract.

[FONT=&quot]MobileShop.com Ltd[/FONT]
[FONT=&quot]Millennium House[/FONT]
[FONT=&quot]Fox Covert Lane[/FONT]
[FONT=&quot]Misterton[/FONT]
[FONT=&quot]Doncaster[/FONT]
[FONT=&quot]South Yorkshire[/FONT]
[FONT=&quot]DN10 4ER[/FONT]

[FONT=&quot]Dear Sir/Madam,[/FONT]

[FONT=&quot]I am writing to inform you about my frustrations that I had to endure in claiming my cashback. I have finished my 12 months contract and have not yet received any of the cashback that is owed to me. I understand you have a backlog, however this is not my problem. You have violated the terms and conditions of the contract and this constitutes a fundamental breach. Therefore by law I am entitled to be paid all monies owed to me in full. Can you please ensure that all monies due to me are paid in full within 10 days.[/FONT]

[FONT=&quot]If all monies owed to me are not settled in full within 10 days then I will be forced to forward this complaint onto moneyclaim.gov.uk. After this time you will be contacted by Moneyclaim and must act accordingly and liaise with them. Please also note that monies owed to me will be charged at the full amount of the cashback as well as the costs incurred to me in having to recover the debt. [/FONT]

[FONT=&quot]I hope that this matter can be resolved successfully as soon as possible.[/FONT]