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  • mhd
    mhd Posts: 30 Forumite
    Part of the Furniture Combo Breaker
    Hi

    I'm due to submit my 1st cashback claim this month.:eek:

    Has anyone got a Sample Cover Letter & Offical Address To Send Cashback Claims that they can post on here please?

    Thanks
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    grayme-m wrote: »
    You must be sooooooooooo happy.

    I was going to write a reasoned response, but I glanced your signature and realised you probably wouldn't understand.
    :whistle:
    Well life is harsh, hug me don't reject me.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Has anyone actually successfully done this ? (ie claim the entire cashback)
    How would I word the small claims court action for this ?

    If you go to post #706 of the old thread, this is what was said:
    I actually asked Consumer Direct this question, and they pointed out that as MO had refused to pay for one instalment, they were then holding the whole contract to be breached, and I was free to claim for the whole amount.

    I do not know how you would word it, but the small claims court is quite a relaxed court, and do not expect you to have a law degree, just a bit of common sense.
    Well life is harsh, hug me don't reject me.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    BrendaY,

    I do not believe that a late payment would be enough to convince a court to award the whole years payment.

    If a cashback claim is deemed invalid, when it isn't, or simply there is not a response from a company, I would hazard a guess that you would be entitled to claim the whole amount. A judge will interpret it how they see it though.

    If a company fails to turn up (as they usually don't) it could sway a judge to side with the consumer. Going to court is not an exact science.

    If I am forced to go to court I will look into claiming the whole amount, the most that can happen is that my case is dismissed and I have to spend £30 for a new claim.
    Well life is harsh, hug me don't reject me.
  • iabw12
    iabw12 Posts: 110 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    As you may remember, I had a court date for July. I received a phone call from TMO advising that a cheque for the full amount I was claiming had been sent out in the post. It duly arrived the next day, and has now cleared and in my bank account! Needless to say I'm delighted.

    To answer BrendaY's question, it's my understanding that once a claim is filed via MCOL, they allocate the case to the correct court (I think anything under £5000 is sent to the SMC) and from then onwards the case is handled via county court. This is what happened to me, and being the plaintiff, it was moved to my local court. The fact that I could do everything online (and quickly) is what prompted me to go down this line. I don't suppose there's anything to preclude a person going directly to the SMC.

    If I can help anyone, then please post via this forum. I think the main message I'm trying to send is stick to your guns. I did follow the T&C's, and I felt it was right to pursue my case via the court. In the event, I didn't need to, but I was fully prepared to go down that route. I shall now write to the court advising that the matter has been settled, and no further action is required.
  • Tyler_Du
    Tyler_Du Posts: 712 Forumite
    iabw12 wrote: »
    As you may remember, I had a court date for July. I received a phone call from TMO advising that a cheque for the full amount I was claiming had been sent out in the post. It duly arrived the next day, and has now cleared and in my bank account! Needless to say I'm delighted.

    Did you claim the full years cashback or just the amount they had rejected. Also, did the chq they sent include your court costs ?
  • iabw12
    iabw12 Posts: 110 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Did you claim the full years cashback or just the amount they had rejected. Also, did the chq they sent include your court costs ?

    Yes, full years cashback, and yes to court costs. I also claimed the cost of duplicate phone bills from Orange. I didn't see why I should be out of pocket!
  • Hey iabw, I remember a couple of weeks ago I asked about your court case and about what happened. Thanks for letting us know about your outcome and I'm totally delighted for you!!! Well done! That's really good news!
  • jmd34
    jmd34 Posts: 2 Newbie
    I am just about to get a new phone from TMO and am wondering if anyone knows the affect on any cashback claims of me changing my phone number.
    I have the pak code for my old number and want to transfer but am worried this will somehow void any claims that i make.
    Does anyone no anything about this, has anyone changed the number then had success in claiming?

    Thanks for any replies.
  • nilocmac
    nilocmac Posts: 511 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    jmd34 wrote: »
    I am just about to get a new phone from TMO and am wondering if anyone knows the affect on any cashback claims of me changing my phone number.
    I have the pak code for my old number and want to transfer but am worried this will somehow void any claims that i make.
    Does anyone no anything about this, has anyone changed the number then had success in claiming?

    Thanks for any replies.

    I ported my number when I took out my deal with TMO and I have successfully claimed my first cash back and have just applied for my second one.
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