Mobileshop.com Cashback Claim

papito

mookiandco wrote: »

Looks like mobileshop got my letter threatening legal action because they paid both cashbacks 2 and 3 on friday. I'm happy to put my letter on here if anyone's interested as it seems to have done the trick!!!

Well Done! and this is a good advice to OP.

mookiandco

I have replicated the letter (with blanks) below. Hope it saves someone some time!!!





Dear Sir/Madam,

Re: Cashback No:

I write further to my e-mails dated to which I have not received a satisfactory response.

I understand that my 2nd Cashback claim was received by you on and my 3rd Cashback claim was received by you on .

I refer to Paragraph 5 of your Terms and conditions in relation to Cashback, in which you purport to process all cashback claims within 45 days from the valid claim date.

I am extremely concerned that my above-mentioned cashback claims remain outstanding after days and days respectively. This is clearly in breach of your Terms and Conditions and indeed your duty of care towards me as your customer.

You will note that I have fully complied with my obligations under the Terms and Conditions relating to your cashback claims process and I am therefore extremely dissatisfied by your inability to comply with the same.

I understand that you have recently experienced some difficulties with your cashback system, however, I should not have to suffer financial loss as a result. I have been unable to contact you by telephone since approximately April 2007 with regard to my cashback claim, as you have prevented telephone queries through the use of a recorded message regarding the difficulties you have experienced in relation to cashback claims. My e-mails to you have either been unanswered or I have been reassured that my cashback claim will be processed immediately, to no avail.

I entered into a contract with you in good faith and in reliance of your terms and conditions in relation to processing of my cashback claims. As a result of my reliance on this contract, I have suffered financial loss and have wasted time and effort in pursuing my claims.

In the circumstances, I am obliged to inform you that should I not receive the full value of both my 2nd and 3rd Cash back claim within the next 10 days, I shall be pursuing legal action against you in respect of the same, without further notice to you.

Should it become necessary for me to commence legal proceedings against you, I shall be seeking an Order that you are responsible for my costs of the same.

Should you have any questions or queries, please do not hesitate to contact me on .

I would strongly recommend that you obtain independent legal advice as to the contents of this letter and I look forward to hearing from you or your chosen legal representative within the next 10 days.

Yours faithfully,

beelinda_2

Thank you for your advice, mookiandco!

I web-chatted with one of the advisor today saying i havent received my 2nd and 3rd cashback claim, and she copied and paste the whole technical bla-bla paragraph telling me she wont be able to help me with cashback claim at the moment.

I was so dissapointed and said that i will take legal action against mobileshop and this was what she replied -- :" Ok then, thank you. Have a good day " !!!! :mad: :mad: :mad:

mmah

i also had the same problem with mobile shop.when i said i would take legal action they said the second cash back claim is being processed but nothing mentioned about the first. what am I supposed to do?

manna777

mookiandco wrote: »

I have replicated the letter (with blanks) below. Hope it saves someone some time!!!





Dear Sir/Madam,

Re: Cashback No:

I write further to my e-mails dated to which I have not received a satisfactory response.

I understand that my 2nd Cashback claim was received by you on and my 3rd Cashback claim was received by you on .

I refer to Paragraph 5 of your Terms and conditions in relation to Cashback, in which you purport to process all cashback claims within 45 days from the valid claim date.

I am extremely concerned that my above-mentioned cashback claims remain outstanding after days and days respectively. This is clearly in breach of your Terms and Conditions and indeed your duty of care towards me as your customer.

You will note that I have fully complied with my obligations under the Terms and Conditions relating to your cashback claims process and I am therefore extremely dissatisfied by your inability to comply with the same.

I understand that you have recently experienced some difficulties with your cashback system, however, I should not have to suffer financial loss as a result. I have been unable to contact you by telephone since approximately April 2007 with regard to my cashback claim, as you have prevented telephone queries through the use of a recorded message regarding the difficulties you have experienced in relation to cashback claims. My e-mails to you have either been unanswered or I have been reassured that my cashback claim will be processed immediately, to no avail.

I entered into a contract with you in good faith and in reliance of your terms and conditions in relation to processing of my cashback claims. As a result of my reliance on this contract, I have suffered financial loss and have wasted time and effort in pursuing my claims.

In the circumstances, I am obliged to inform you that should I not receive the full value of both my 2nd and 3rd Cash back claim within the next 10 days, I shall be pursuing legal action against you in respect of the same, without further notice to you.

Should it become necessary for me to commence legal proceedings against you, I shall be seeking an Order that you are responsible for my costs of the same.

Should you have any questions or queries, please do not hesitate to contact me on .

I would strongly recommend that you obtain independent legal advice as to the contents of this letter and I look forward to hearing from you or your chosen legal representative within the next 10 days.

Yours faithfully,

So send a cut and paste job Surely thats the same as they were doing which annoyed me to hell................surely your not helping them clear the backlog if your just gonna jump the queue by making the most noise - but then that is probably your intention...... I rang them spoke to cashback and had a expired claim accepted and have had both paid ............. all without threatening court and sending your copy and paste job!

I believe in talking to the company and listening to what they have to say........maybe thats old fashioned but I dont believe in following the crowd and like a bit of personal service and can judge my next move from how they respond and so far im thinking of renewing with them.

MrsMondragon

Both of my cashbacks have been paid. The first was very late and the second was very early!!

RR14_2

Hi mookiandco,Thank u for ur letter.I did send a similar letter to mobileshop and within 5 days recieved my entire cashback of £350.

Anyone having problems with mobileshop and is not willing to accept the Argos voucher can try same trick and i am sure u will recieve your money back.

Dan_F_2

I still haven't received my cashback due from Februarys and Aprils cashback claims. 8 months is a huge backlog.... Clearly this is just a scam to try and get people to take the vouchers which must work out cheaper for them. I've sent a final email and if its not paid soon I'll be using that letter. Definitely wont be getting another contract with them

goshdarnit

cashcard wrote: »

surely your not helping them clear the backlog if your just gonna jump the queue by making the most noise

And a backlog has got to do with a customer how?

If a company has a backlog, it doesn't negate a contract, and the company should deal with that issue.

cashcard wrote: »

I believe in talking to the company and listening to what they have to say........

That depends on the company. When a company will only fulfill a contract through legal means then they're not worth talking to.

cashcard wrote: »

im thinking of renewing with them.

We're all responsible for our own decisions, and must do what we feel is correct. You may renew with them, your decision, others just want them to fulfil the contract, their decision.

Dan_F_2

After months of complaining emails and received nothing but their copy pasted reply of technical issues, I sent an email threatening legal action yesterday, and today received 3 emails. The first saying please be patient, and the second two each saying the 2 remaining cashbacks were being processed and will be received in my account within a few days. Its a pity that a threat of legal action is required, but unfortunately it is.