The Mobile Outlet

silver44

'What does appear to have happened is that they seem to have gone through a transition period between T&Cs with the old two stage and new five stage process. Which version they (or more likely Vanilla Mobile who seemed to dispatch some phones and seemed to issue old T&Cs) sent seemed pot luck, some people (like my wife) didn't receive any so saved a copy from their website at the time.'

I could be mistaken, but I think under contract law they are obliged to follow the same T&C that they sent you, regardless of whether they have updated them in the mean time. You can't be expected to follow T&C (ie follow a contract) that you are unaware of. If they vary or alter the T&C they have to inform you first. They can't penalise you for not following T&C that they have changed (accidentally or otherwise) that you were unaware of.



Still haven't received my cashback.

grayme-m

silver44 wrote: »

'What does appear to have happened is that they seem to have gone through a transition period between T&Cs with the old two stage and new five stage process. Which version they (or more likely Vanilla Mobile who seemed to dispatch some phones and seemed to issue old T&Cs) sent seemed pot luck, some people (like my wife) didn't receive any so saved a copy from their website at the time.'

I could be mistaken, but I think under contract law they are obliged to follow the same T&C that they sent you, regardless of whether they have updated them in the mean time. You can't be expected to follow T&C (ie follow a contract) that you are unaware of. If they vary or alter the T&C they have to inform you first. They can't penalise you for not following T&C that they have changed (accidentally or otherwise) that you were unaware of.

I'm with you on that one, and TMO have reneged to this point too in the past according to others who have posted and had the same problem.

silver44

Have just done a search on the Ofcom site, which regulates telecommunications, including mobile phones. Have logged the Mobile Outlet as a company I am complaining about, and I suggest anyone not satisfied with them should do the same, because although they don't take up individual complaints, they will follow up if they receive enough complaints about one company.

The next step is to formally complain to the Mobile Outlet about how they are dealing with you (in writing, keep a copy), and say you will follow it up with Ofcom if you don't get a satisfactory response (I suggest giving them a reasonable (and stated) amount of time to respond, like 10 days or 2 weeks from the date of your letter). If that doesn't work then complain to Ofcom saying that you have already complained to The Mobile Outlet and not got a satisfactory response.

They can't penalise anyone for not following T&C that they have changed without informing you. It's definately against the law.

The more people who do this, the better our chances of getting our cashback, and stopping them from carrying on like this.

Will let you know how it goes!

sabelu

I encouraged my M in law to take out cashback contract with TMO she agreed and said she could cope with the T&C's however first cashback that was due she sent to 3 direct instead they phoned her and said they would forward it on. This they did but TMO said they received it late therefore will not honour, what are the chances of getting it? She is appealing, what other course could she take?

silver44

PLease don't take this as expert advice, as I'm not! All I'm going on is what I've looked up on the Ofcom site... but she could follow what I suggested in my post re the Ofcom complaint procedure. She has technically broken the terms and conditions, but it could be that in Ofcom'e opinion they're unfair anyway. Try following their complaints procedure and see what happens. That's what I'm doing as I still haven't got my cheque, and I'm also starting a small claims procedure.

daveNE_2

nilocmac wrote: »

When I got my phone I did not have a dispatch note enclosed so I requested one. Perhaps you should try that. However I requested mine a few days ater I got the phone. They may send you one at this late stage.

Ha! Dont worry about it, they'd probably still break the contract!

I followed my contracts terms and conditions to the letter having had cashback contracts before (and never had any problems, both with dial-a-phone).

After sending my first four bills and dispatch note within the deadlines I recieved a letter stating they wont be paying my cashback (I beg to differ) as I had sent them a copy of the dispatch note instead of the original which is an outright lie.

Ive sent them a letter stating the facts, to which i have recieved no response after 16 days, Im now sending them a final letter asking for the cashback within 7 days. I don't expect a response and am already preparing a claim against TMO with the help of consumer direct and a representative from trading standards (anyone having trouble with TMO Id recommend giving these organisations a call, they know their stuff).

To anyone considering a contract with TMO - Forget it. The companys incompetence is simply unbelievable.

silver44

I rang them yesterday to tell them I had not received a cheque in spite of being told 2 weeks ago that a cheque had been approved and 'would be with me by Tues' (it wasn't). Got told exactly the same, plus about their backlog and admin delays, but that new staff had been taken on... etc. I said that was totally unacceptable, that I had been told exactly the same thing 2 weeks ago, and that I was initiating a County Court claim against them. He then put me on hold, and came back saying 'my claim had been put to the top of the queue', and a cheque would be with me by the end of the week'. I said if it wasn't there would be court proceedings with them by next week, and that the whole thing was completely unacceptable and that I had been blatantly mislead 2 weeks ago. I also asked if I was going to have to go through the same process with every claim I sent. He couldn't answer that one.

I have contacted Watchdog about them, and referred to this website as evidence as to how many people are being ripped off by this company. Ofcom also has a record of my complaint but doesn't follow them up individually. However the more people who contact them, the stronger their evidence is for a widespread abuse that they might follow up.

Meanwhile I have the hassle and wasted time of having to fight for my cashback after following outrageous contract T&C...

MickKnipfler

I submitted a cashback and have heard nothing. How long should I leave it before taking action?

amavadia

has anyone had any problems getting the phone they ordered from these people? I ordered it on saturday just gone, and in the contract it says they endeavour to deliver within 3 working days, and when i go to order tracking it still says 'assign stock'. Emailed them this morning, no reply as of yet. Just wondering how long people waited for their handsets to come?

steveeeee

amavadia wrote: »

has anyone had any problems getting the phone they ordered from these people? I ordered it on saturday just gone, and in the contract it says they endeavour to deliver within 3 working days, and when i go to order tracking it still says 'assign stock'. Emailed them this morning, no reply as of yet. Just wondering how long people waited for their handsets to come?

How many working days have there been since Saturday?