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are mobiles.co.uk still in business?

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  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 17 August 2010 at 5:45PM
    Guys_Dad wrote: »
    First of all, I am on your side. Second, I understand fully the frustration and annoyance that you have suffered by their consistent failure to honour their t&c plus their letter/email to you.

    All I am saying is that when you go to law, law has its own procedures and to win, you need to follow its "t&c" if you like. You have not, I think, advised the company that you intend to sue for the full amount and give them the opportunity to settle in advance. Quentin put it succinctly when he wrote "The courts don't like being used as first line debt collectors, and a LBA shows the claimant has attempted to get paid before resorting to the courts.".

    In addition, they will reject any claim that is unreasonable and what you wrote that you wanted was unreasonable ( (a) you keep the phone (b) you get a full cashback and (c) the contract be ended.) Drop the contract ended part.

    WE want you to get what you deserve and get one against the head by getting all of your cashback early. Just don't spoil it by either being greedy or failing to follow best practice.

    And as I began, I - and others - are on your side.
    Thanks guys dad. My claim (my hubbys actually to be precise) is that my cashbacks be paid in one lump sum as my contract is with 02. I intend to keep paying 02. I am confused now???

    Just after submitting the MCOL I had yet another email from the same person that told me my cashback would be paid by 1pm today to say they had now sent the cheque and it would be here by 1pm the next day. What am I supposed to believe. Time has gone by and definately the 28 days since they said my claim was approved (5th July) and still no cheque. I feel if I was over the time limit for submitting my claim then I would not be allowed the cashback as I have googled this and it seems that people have had their cashback contracts stopped cause of submitting too late.

    As I understand my contract with mobiles.co.uk is that I pay over to 02 a certain amount per month and for a certain amount of time (which I intend to continue doing) and they pay over to me a certain amount of money at certain intervals "providing" I submit my claims within a timescale. If I do not then they are allowed at their discretion to squash their part of the contract and not pay me. I also have that right to ask that my cashbacks be paid back to the end of the contract BUT continue to pay 02 their normal monthly amount. It just means that my future cashbacks are paid early as I do not trust them to be able to make the cheques to me on time or ever at all.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    marshallka wrote: »
    Thanks guys dad. My claim (my hubbys actually to be precise) is that my cashbacks be paid in one lump sum as my contract is with 02. I intend to keep paying 02. I am confused now???

    Sorry, but your post #118 was ambiguous. You wrote " I am not listening to anymore and don't want the same thing happening again so I have asked that the contract be ended and ALL my cashback be paid as they have breached the contract."

    I read that as ending your full contract including airtime. Best make that 100% clear.
  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 17 August 2010 at 5:55PM
    Guys_Dad wrote: »
    Sorry, but your post #118 was ambiguous. You wrote " I am not listening to anymore and don't want the same thing happening again so I have asked that the contract be ended and ALL my cashback be paid as they have breached the contract."

    I read that as ending your full contract including airtime. Best make that 100% clear.
    I am sorry, I assumed my contract with 02 was that of paying them a certain amount per month for a certain amount of time and it was completely seperate to my contract with mobiles.co.uk who were acting as introducers? Can you please confirm that this is how a court would see this? I thought my payments that I make for my contract were made to 02?

    God this is making me ill now !!!

    Also their terms and conditions are written so small that something needs doing about that one. I really think this needs complaining about too.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    My understanding is that you claim for all the cashback you would be due in one lump plus costs etc.

    The contract would still run with O2 but that wouldn't be a problem would it ????
    It's not just about the money
  • marshallka
    marshallka Posts: 14,585 Forumite
    Silk wrote: »
    My understanding is that you claim for all the cashback you would be due in one lump plus costs etc.

    The contract would still run with O2 but that wouldn't be a problem would it ????
    Hi Silk, I thought that too???? Anyone confirm this who actually KNOWS lol....
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You are right. But you asked what a court would interpret your claim.

    You will have needed to spell out exactly what sums you were claiming from mobiles.co.uk in the on-line claim form, so that will be what they would consider.
  • bobstheboy
    bobstheboy Posts: 632 Forumite
    Part of the Furniture 500 Posts Debt-free and Proud!
    marshallka wrote: »
    Hi Silk, I thought that too???? Anyone confirm this who actually KNOWS lol....

    You have two contracts.

    1. O2 is for the phone and services and you have no argument with them.

    2. Mobiles are responsible for honouring their contract re "Cash-back" - you have a BIG argument with them !!
  • marshallka
    marshallka Posts: 14,585 Forumite
    bobstheboy wrote: »
    You have two contracts.

    1. O2 is for the phone and services and you have no argument with them.

    2. Mobiles are responsible for honouring their contract re "Cash-back" - you have a BIG argument with them !!
    That is what I cannot understand. I thought our contract was with Mobiles.co.uk and it was just for the cashback and that our airtime and minutes and phone were through 02. By asking my contract be cancelled with Mobiles.co.uk then I would have thought that only would be looked at as the part of submitting the bills on time for the cashback to be paid. I am getting more and more confused here?
  • bobstheboy
    bobstheboy Posts: 632 Forumite
    Part of the Furniture 500 Posts Debt-free and Proud!
    marshallka wrote: »
    That is what I cannot understand. I thought our contract was with Mobiles.co.uk and it was just for the cashback and that our airtime and minutes and phone were through 02. By asking my contract be cancelled with Mobiles.co.uk then I would have thought that only would be looked at as the part of submitting the bills on time for the cashback to be paid. I am getting more and more confused here?

    No I don't think you are confused !!!?


    Mobiles are the brokers between you and O2. Mobiles were paid x by O2 for introducing you for their services.

    They give the customer (you) monies to entice you buy the O2 contract through them instead of going direct. Once you have signed up with O2 that is a totally separate contract so forget about it because O2 will not want to get involved with your "Cash-back" contract with Mobiles.
  • marshallka
    marshallka Posts: 14,585 Forumite
    bobstheboy wrote: »
    No I don't think you are confused !!!?


    Mobiles are the brokers between you and O2. Mobiles were paid x by O2 for introducing you for their services.

    They give the customer (you) monies to entice you buy the O2 contract through them instead of going direct. Once you have signed up with O2 that is a totally separate contract so forget about it because O2 will not want to get involved with your "Cash-back" contract with Mobiles.
    Cheers for that bobstheboy. SO much conflicting info on here. I have said from the beginning that my contract to Mobiles.co.uk is just the cashback as I thought. My contract to 02 is the phone and also the airtime and the tarriff etc. Correct or am I wrong here??? I cannot get my head around the phone bit on mobiles.co.uk terms and conditions?? Its stupid actually going through introducers as this is where problems start and you never know who is responsible for what???
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