The Mobile Outlet

Shelby

Neither do I.

MonkeyKong007

thanks shelby,

So i guess my only chance, if they haven;t paid me in the time frame they were contractually obliged to, is to take them to the small claims court?

A letter stating the aforementioned would most likely be ignored i guess.

Sunshine_and_Roses

Ms-Money-Penny wrote: »

Thought i was doing really well with my cashback.
Had no problems with my first part of the cashback. Sent my 11th month bill in May and i received an email exactly 28 days later saying it had been filed. Sent my 12th month bill via special delivery on 16th May and it was received by TMO on 17th May, it is now over the 28 days and no email. Following this thread i have now emailed forum queries, so fingers crossed.

Exactly the same for me - my 28 days after they received my 12th bill by special delivery will be tomorrow. When is the best time to start chasing them?

Quentin

No point in delaying - start tomorrow.

Shelby

MonkeyKong007 wrote: »

thanks shelby,

So i guess my only chance, if they haven;t paid me in the time frame they were contractually obliged to, is to take them to the small claims court?

A letter stating the aforementioned would most likely be ignored i guess.

I'd reckon both your guesses are correct.

You haven't yet confirmed whether or not you did indeed submit your third claim late: only said that you believed you had. Is this in fact the case and, if so, how many days late did TMO receive it?

If you did file it late, TMO will stick to its guns and refuse to pay you.

There are three possibilities here and all of them involve invoking the court process.

The first possibility is to send TMO a Letter Before Action stating that TMO broke the contract first (and twice), before you did, and that unless they pay you your third claim now (well, within 28 days of whenever you got it to them) you will proceed through the court and that means that costs will become payable. TMO might then pay you voluntarily - but I doubt they will.

The second possibility is that you send them a Letter Before Action and do then proceed through the court. That means that costs will be incurred. TMO might enter a defence to the claim but then abandon it (paying you both your cashback and the costs) on the day of the hearing without making an appearance.

The third possibility is that TMO will file a defence and then defend the claim on the grounds that you, too, have broken the contract. It is unlikely that costs would be awarded against you (because TMO has broken the contract itself).

The decision you are, in all probability, going to have to make is whether or not to risk having to pay the court fee for filing your claim and not getting it back. In other words, whether you want to punt £50 on maybe getting back your £210 cashback.

By submitting your third claim late you are obviously in a weaker position than would be someone who did submit their third claim correctly and has not been paid, so you should discuss it with your local Trading Standards Office who will be able to examine the paperwork and study the dates involved.

The thrust of your legal argument is that TMO breached the contract first and whether or not you breached it as well is irrelevant. Whether this would work may depend on the view the court takes of that.

You're not in a strong position but those seem basically to be your options.

buzzman

clareski wrote: »

Exactly the same for me - my 28 days after they received my 12th bill by special delivery will be tomorrow. When is the best time to start chasing them?

Clareski, as I have posted on the previous page it was 31 days after receiving my claim that I received my email. I had emailed them twice to try and find out when I would hear something! They have posted saying that a new system has been put in place.
Even so this should not be an excuse for them to extend peoples deadlines.

dasvictim

Shelby wrote: »

Das Victim,

Short Answer.

What, if anything, was written on the back of a “Welcome Note” that you found inside the box your ‘phone came in does not form any part of your contract with TMO.


Just thought I would advise you Shelby that Trading Standards disagree with your view above. They have advised me the exact opposite in that the "welcome note" with the Terms & Conditions on the back DOES form my contract with TMO as it was included in my welcome pack with my phone. This is especially true if it differs from that on the website as this would be seen to be misleading.

Quite by coincedence I was due to send a letter tomorrow giving TMO 7 days to pay the balance owed before I take court action (now I have all the damn paperwork prepared!!)..... In my e mail today their is notification that a BACS payment of £84 will be in my account within 3-5 days.... This is good I suppose but as I'm due £140 for my 1st 4 months cashback I dont really know where this leaves me lol. Another email and some clarification as to what this payment is for will need to be obtained.

Dasvictim

kltpzyxm

Hi DV,
You state that you think you are entitled to a first cashback payment of £140.
If your cashback is greater than £201 for a twelve month contract, the cashback is paid in five equal installments, so if you are on a £35 per month contract, then your 1st cashback would be £84. i.e. 1/5th of your yearly bill (12 * 35 / 5) and not 4 months rebate of £35 per month (£140) Thats how mine works anyway. Please correct me if I've made wrong assumptions here...
Hope this helps

marnstars

marnstars wrote: »

They are claiming my claim arrived late. Having challenged them they are now saying that the T&C's are 21 days (inclusive) - the T&C's I have don't say inclusive. I admit I was late sending due to a return from holidays, but sent "recorded" to ensure prompt delivery.

For me BILLDATE: 26th Feb 2007 ARRIVED TMO: 19 March 2007 (that is on the 21st day in my book! - unless you apply their new word INCLUSIVE).

Try in excel inputting the date of 26/02/07 and then insert formula to that cell and add 21 - it comes out at 19/03/07 - I rest my case!

Any advice?

They are now asking for a copy of the T&C's that I received with the phone. You know the ones, they are on the reverse of the despatch note that they ask you to send back with your first claim! SHAMBOLIC!

Shelby

DasVictim,

It may be that you consider posting this:

dasvictim wrote: »

PLEASE HELP!!!
Due to an error on the part of the mobile outlet I was denied my1st cashback claim after 4 months.
This was due to my failure to include the "welcome note" in my first claim. My terms and conditions do not state this anywhere at all!! The relevant section is 11.5 I believe and unfortunately my Terms and Conditions only go up to 11.3.....
Essentially the rules have changed since my deal was started and in the 1st 4 months they have changed the terms.
I posted a cover letter with all the relevant paperwork including their own Terms (with appropriate section highlit) so they can see for themselves where they have gone wrong. I was told this was the only way I could appeal against this daft decision and I would receive a reply within 28 days... Its now been 32 days and still no reply...
After waiting for 25 mins on their customer service line I was told that it is because of short staffing in the claims dept, no I cannot speak to anyone its by letter only.... I will be replied to in the next few days I have been assured!
I dont know what else I can do!!!
The Mobile Outlet are incorrectly witholding my cashback and have overun on their own deadlines!!
If the Mobile Outlet agent who monitors these posts is out there please can you reply and let me know what the hold up is??
Order Number: 18199218
Customer Number: 42523
Regards,

DasVictim

provided, to those from whom you were seeking help, sufficient coherent information to divine what had actually taken place in your transaction.

You will, however - if you steel yourself to read it again and try to make some sort of sense out of it - observe that it contains no dates, no indication as to what took place and when, in regard to your cashback claim, and does not even specify the method by which you bought your ‘phone in the first place.

That is not wonderfully helpful to anyone attempting to assist you. Nonetheless, I tried.

The information I have given you is correct.

If you purchased your ‘phone online, the Terms & Conditions which form the basis of the contract between you and Mobile Matters (U.K.) Ltd. are those to which you agreed during the sign-up process online.

If you purchased your ‘phone by telephone order, the Terms & Conditions which form the basis of the contract between you and Mobile Matters (U.K.) Ltd. are those which were included with your ‘phone when it arrived.

As I also pointed out to you, your rights to withdraw from the contract of sale differed and depended upon the manner in which you purchased it (which you have still not yet indicated yourself).

The inference to be drawn from the letter of rejection sent to you by TMO is that you purchased your ‘phone online.

If that be so, then, as I have stated, the Terms & Conditions of the contract to which TMO is holding you are those to which you agreed during the online sale transaction.

Unless you bought your ‘phone by some means other than an online purchase, I would invite you to consider that the advice you are being given by Trading Standards is that you could challenge the online contract by which you are currently bound, arguing that the out of date T&Cs that came with your ‘phone induced you to fail to comply with the actual T&Cs by which you are bound.

That is a proposition different to how you present it in your latest posting.

The important thing is that you have now consulted Trading Standards who are paid to try and make head or tail of whatever did take place in your transaction and can examine the actual documentation involved. Follow their advice.