The Mobile Outlet

nilocmac

Looking at my claim that does indeed seem to be the case. I guess the main thing is that we actually do get the money. Watch this space...

nilocmac

For me personally Brenda I can cope with waiting more days that I should according to the contract if I actually get my cashback. I know everyone is not like me (thank goodness!!) but I think for me it beats having to go through the legal process. But as I said that's me personally...

grayme-m

Brenda wrote: »

With respect, guys, it isn’t as simple as that.


Firstly,

TMO’s Terms & Conditions (which TMO wrote) state, and have done since last year: “Once we are receipt (sic) of your original documentation, please allow 28 days for delivery of cheques.”

There’s nothing ambiguous about that and it isn’t open to different “understandings”.


Secondly,

As I pointed out in an earlier posting, TMO has recently changed the wording of its emails.

In February it was wording them: “Your details have been forwarded to our accounts department who will issue payment. Payment will be made by cheque or BACS within 28 days from the receipt date of your claim.”

There’s nothing ambiguous about that, either.

Now, it’s wording them: “Your cash back application has been submitted on to our system today and will be processed accordingly. We will reply via email or post within 28 days of application.”

The reference to TMO’s contractual commitment, to deliver (and that’s “deliver”, might I point out, not “send”) a cheque within 28 days of receiving the application, has now been silently removed. (Like “mar<”s abusive postings, by MSE’s own Forum Team.)....

I stopped reading there, you can never resist getting a dig in somewhere can you Cobra? You've had plenty of abusive postings removed too, remember?


If I get my money 56 days after they receive my bills I am happy; I'm not alone in that view either.

mar<

That point Gunjack has been intriguing me too. I was wondering whether TMO knew from legal advice presumably that the 28 days would be deemed a reasonable timespan to be overdue payment. This certainly seems what TMO actually try to work to (pay up 28 days after the paperwork final due date), and presumably to earn themselves meagre interest(?)

Of course this puts them in breach of their own Ts&Cs as I interpret them too, I just wonder how the law would view it.

And as we've seen TMO have paid up with the threat of SCC action, though has anyone been successful in recouping costs yet? Probably another ruse to avoid payment on behalf of TMO if true (settle before action).

I agree with Brenda's point about people with tight finances and that has to be a worry, and something which is unjust if true (which it looks like it is).

iabw12

Umm.. I've had my costs refunded, along with the cost of obtaining copy bills from Orange. I didn't have to pitch up at the court house, as TMO decided to settle, but I recieved a cheque for the full amount I claimed = cashback+court fee's+copy bills.

I hope that helps someone out there!:)

GunJack

Speaking as a victim of the Just3G fiasco ( 2 ctts, total cashback for the year should've been £840, all lost when the company went to the wall last year) I am obviously quite nervous of cashback deals. However, as some others above I don't mind if the payments are a bit late, as long as I get them. If hanging on for a few more days/weeks coughs up the cheque,then I can live with that. Not nessessarily(?) happy, but can live with it. I do think legal action should be a last resort, butI'm not discounting it. Just bear in mind, the more times the company has to pay out the extra £30/65/however much, the less likely they will be to pay normal cashback claims.

I think this may be an instance of patience being a virtue. My second claim was delivered 9 May, so my 28 days is still a week away. If, as I suspect, TMO are working to the 28+28 day thing, I'm not too concerned yet. I will, however, be e-mailing them next week if I haven't had the "we're on the case and in the process of paying you" mail from them.

As always, will keep you all informed as to progress.

Tyler_Du

Brenda wrote: »

Hope you find it reassuring, Tyler Durden!

Indeed I do Brenda, TMO have now filed defenses against both my court actions on the grounds that the refusal to pay my first cashback claim(s) was an error on their part, they dispute the amount I am claiming, those who got TMO to pay your court costs, did you contact them before going to court or actually have to attend court ? I'm fully prepared to 'have my day' in court, hopefully the court will award me the full years cashback, less the amount already received.

The funny thing is I've still not received any correspondence whatsoever from TMO themselves in response to my letter of action (unless you count a chq with no covering letter correspondence :rolleyes:)

When I do go to court can I claim any expenses incurred that day, eg parking, travel costs etc ?

GunJack

TD - I would suspect you may try and claim such out-of-pocket expenses, however I believe there is no onus on the court to award you suh things. From this and other threads, I would suggest keeping it simple if you end up going down that route, as I suspect a SCC would look on your case more favourably if you do.

iabw12

Tyler_Durden_UK wrote: »

Indeed I do Brenda, TMO have now filed defenses against both my court actions on the grounds that the refusal to pay my first cashback claim(s) was an error on their part, they dispute the amount I am claiming, those who got TMO to pay your court costs, did you contact them before going to court or actually have to attend court ? I'm fully prepared to 'have my day' in court, hopefully the court will award me the full years cashback, less the amount already received.

The funny thing is I've still not received any correspondence whatsoever from TMO themselves in response to my letter of action (unless you count a chq with no covering letter correspondence :rolleyes:)

When I do go to court can I claim any expenses incurred that day, eg parking, travel costs etc ?

They filed their defence against my claim not wanting to pay anything at all from my first claim onwards. After I had completed the necessary paperwork detailing how I had written and emailed them on several occasions I think they must have taken the view that it simply wasn't worth the hassle of pursuing me in court. However, they did not admit any fault on their behalf at any stage but decided to settle my claim in full including court costs and duplicate bills. I, like you, was fully prepared to go all the way to the courthouse as I was and am still convinced that I had not at any stage broken their T&C's and I felt that I fell victim to their poor administration. I'm sorry I can't assist on the matter of expenses should your claim go to the wire (why don't you check out the HMCS Money claim on line help pages) I hope that makes sense(?) and is of value to you!

rothers798

My claim through money claim online is deemed to have been served tomorrow, 5th June. In other peoples experience, how long does it take TMO to settle, if at all??

Thanks