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  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Brenda wrote: »
    You are perfectly entitled to your view, Grayme-m, but TMO is not entitled to breach its contracts.

    If and when TMO starts regarding it as acceptable for people to file their cashback claims 21 days late, I shall start regarding it as acceptable for TMO to pay them 28 days late.

    Until then, TMO can’t have it both ways.

    While TMO enforces its contracts to the day, I expect TMO itself to comply with them to the day.

    And I’m not alone in that view, either, here.

    It is, furthermore, clearly the view taken by courts (and bailiffs).

    Today my cashback is eleven days overdue.

    Good for you Cobra.
    Toyota - 'Always a better way', avoid buying Toyota.
  • maniac886
    maniac886 Posts: 3,599 Forumite
    grayme-m wrote: »
    That is my understanding too.

    It would have been better if they'd put that in their t&cs though (it would have avoided so much 'debate') :(

    I've gone along with the 56 days rather than 28 myself.

    I am also in the same view. I also think its 28 days from when you recieve acknowledgment from the MO. My last cashback claim was around the 56 days as well. I am not bothered about it as long as I get my cashback at the end of the day!

    I have another contract with BMP.net who also pay within 56 days so its no big deal!
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • rothers798
    rothers798 Posts: 40 Forumite
    I agree with you Brenda, they have regected my wifes claim on the grounds that the 11th bill was outside the 21 day period. This was not the case, they recieved it 19 days (inclusive) after the bill date. I sent them a letter and an email and have gone through money claim online. Do you have any knowlede or experience in relation to this? When are they likely to settle or will my wife have her day in court?
  • maniac886
    maniac886 Posts: 3,599 Forumite
    Brenda wrote: »
    What do mean by "its" ?

    WHAT is it you "think (is) 28 days from when you recieve (sic) acknowledgement from the MO (sic)"?

    Once you send your claim to the MO, you should recieve aknowledgment from the MO within 28 days via e-mail. Once you get the e-mail stating that you claim has been accepted then you have to wait another 28 days for the cash to be paid by BACs. 56 days in total for each claim.
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    maniac886 wrote: »
    I am also in the same view. I also think its 28 days from when you recieve acknowledgment from the MO. My last cashback claim was around the 56 days as well. I am not bothered about it as long as I get my cashback at the end of the day!

    I have another contract with BMP.net who also pay within 56 days so its no big deal!

    The T&Cs do say that we should expect payment within 28 days of receiving our claim; however if it takes up to 56 days to come without me having to do anything I will give them that extra time (after all they are losing out financially in the deal).

    If you go with the 'rule' that you shouldn't take out a contract you cannot afford to lose, those extra days shouldn't break you.

    If however, you are like rothers798 and have had a valid claim refused and no communication out of them since, you'll have no choice but to go to court. :(
    Toyota - 'Always a better way', avoid buying Toyota.
  • Bollards
    Bollards Posts: 161 Forumite
    Brenda wrote: »
    Once you read your contract you will see that what TMO is undertaking to send you within 28 days is your cashback, not an email about it.

    Having emailed the forum queries team about this a couple of weeks back when my third cashback became overdue, and them duly forwarding it on to the cashback department, I have today received an email as follows:

    A payment of £72.00 has been paid via BACS today, this will take between 3-5 working days to clear into your account, sorry for the delay.

    By my reckoning, if we were expected to wait 28 days for receipt of the claim and 28 days for it to be paid, why would they be apologising for the delay, as the payment would not yet be due as I am only around 40 days from their receipt of my claim.

    Anyway, I await my payment via BACS - don't know where they have got my bank details from though!!! I will post when I receive it.
  • maniac886
    maniac886 Posts: 3,599 Forumite
    Brenda wrote: »
    I’m sorry I can’t answer your two questions, Rothers, as I have not yet been in your position. But most of the information necessary does seem to be posted on the first couple of pages of this thread. You’d be best off to PM someone who has posted that they have been right through the same experience as you. Good luck! :D

    Let me make it absolutely clear that I have no problems with anybody indulging TMO with an additional month of credit if they choose to do so. They are perfectly entitled to.

    The thing I resent is being told by anybody who elects to do this that I “have” to do it, too, when my contract is quite specific that I don’t.

    (I am not for one moment accusing Grayme-m of doing that. I may disagree seriously with a lot of his advice but he has always offered it very properly - at least on the subject of cashback!)

    What I find worrying is that an attitude is suddenly now being cultivated on this thread that everybody should allow TMO to enforce its contracts to the day but be allowed to breach them itself by a month.

    The one question that nobody who advocates (or demands) that one waits 56 days without doing anything at all has yet answered (or seemingly even addressed) is what they will then do themselves on the 57th day if their money still hasn’t arrived.

    If they decide to start a process for collection of the debt from this situation they will need to begin with chaser emails followed by a Letter Before Action giving further time (and credit) to TMO before they can even file a claim online. By that time, the next cashback, too, is likely to be overdue. And then where will they be? And what will they be claiming for?

    What will YOU do if that happens to you Grayme-m? Ditto, Maniac? Tell us.

    I have yet to see any evidence that those who are urging this on others have thought through the potential consequences of doing it, whereas Bollards very clearly has. And, having done so, he (hope that’s right, Bollards - don’t want to spark off another gender inquisition here) has come to the same conclusion as I have.

    I sincerely hope that I and everyone else who is owed money will get it promptly, amicably and without the need to resort to court action.

    But what I do know is that while waiting for my overdue Cashback 2, I shall take the steps necessary to put myself in a position to press the button on a Small Claims Court action if Cashback 2 hasn’t arrived before it’s time to file Cashback Claim 3. And that’s an option that won’t be open to Grayme-m if he hasn’t sent off a Letter Before Action before 56 days have elapsed.

    Issuing a Letter Before Action keeps one’s options open; sitting silently on one’s hands for 56 days closes them and seems a recipe for future confusion.

    After seven months of a one-year TMO contract one has to file four claims in five months, starting with Cashback 2. My current intention is to pursue each one promptly and individually, unless one is rejected (whereupon I would file claim for the lot). If that means that TMO eventually ends up having to pay four sets of costs, so be it. The way for TMO to avoid it is for TMO to adhere to its own contract and pay my claims within 28 days of receiving them.

    So tell us, Grayme-m and Maniac; if you don’t receive CashBack 2 within 56 days, and have done nothing about it, just what are you then going to do? And how? Give us some constructive answers that avoid the danger of getting four overdue cashbacks all becoming confused with each other.

    Because we all know that cashbacks from TMO, when they do arrive, come with no indication of what they are nor which instalment they relate to. How are you going to keep track of which payment is for what?

    GunJack, and others on the same schedule as I am, want to know this.

    Any chance of some input on this from The Saint, too? What he says usually makes good sense.


    After looking at the old Mobile Outlet thread that was closed before, it is obvious that 'Brenda' is Cobra. Cobra was the only person posting A4 pages full of drivel and he is at it again! :mad:

    Board guides please can you clean the thread up because the posts like above are not helping anyone at all!
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • Tyler_Du
    Tyler_Du Posts: 712 Forumite
    maniac886 wrote: »
    After looking at the old Mobile Outlet thread that was closed before, it is obvious that 'Brenda' is Cobra. Cobra was the only person posting A4 pages full of drivel and he is at it again! :mad:

    Board guides please can you clean the thread up because the posts like above are not helping anyone at all!

    I found the post most interesting and useful.
  • maniac886
    maniac886 Posts: 3,599 Forumite
    I found the post most interesting and useful.

    Thats fine, but if I was someone new to the threads then the above isn't useful.

    As far as the cashback claims are concerned;

    If you post it late and miss the deadline its tough

    If you have followed the T&C's to the letter and they refuse to pay then follow the guidelines on the first page, this may involve using moneyclaim but if you have followed the terms then you are entitled to do this.

    What I personally don't like is people on these threads slating the MO at every opportunity because it helps no one at all!
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • grayme-m
    grayme-m Posts: 1,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    maniac886 wrote: »
    What I personally don't like is people on these threads slating the MO at every opportunity because it helps no one at all!

    Careful, you make it sound like some people have a personal vendetta against them! :rotfl:
    Toyota - 'Always a better way', avoid buying Toyota.
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