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are mobiles.co.uk still in business?
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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.
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.0 -
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.0 -
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.
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.0 -
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 money0 -
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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.0 -
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 !!0 -
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 !!0 -
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.0 -
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.0
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