The Mobile Outlet

kltpzyxm

It does say on the Scottish Courts website "It is possible, in certain circumstances, to raise a small claim in cases even where the defender does not live in Scotland, or when you do not know where he or she is." See top right of Page 4 here. Not sure what those circumstances are though....

HTH

Tyler_Du

A quick question for those who have already taken TMO to the small claims court and won, did TMO pay you within the timescales given by the court order or did you have to get the courts order enforced

Mouseman

A small piece of good news / hope for those aghast at TMO.

I have gotten out with all cashback intact. LBAs will do naff all for your position in terms of gaining a response from them; I doubt they even read mine. (obviously it gives you another piece of evidence to throw at them in court should it get there).

After 2 phone calls that brought an obvious pack of lies (BACS not working anyone?!) and advice to lie on an application form for my next contract I dove in with the LBA and email complaint. Email complaint gained a VERY quick payment of installment 4/5 (By BACS.... funny that!) but I could whistle for number 5 for at least another 3 weeks.

After the LBA was ignored I phoned again and spoke to a rather arrogant and obnoxious operator who told me I'd be paid immediately then hung up on me.

Phone to offer a final final chance on a Friday, bit my tongue and was polite. Luckily got a sensible human being on the other end this time and after polite poking payment was agreed - it was paid Saturday afternoon (I also got it then; same bank )

All in all, I've had a free contract for the year; if I'd not gone WAAY over one month on my data usage I'd actually be in profit after selling the handset on Ebay! I now have a lower contract for £2.98 a month thanks to the retention team. So I'm reasonably happy.

Best of luck to everyone. Be polite, hope you don't get the monkey(s) and don't expect threats to get you anywhere, you'll have to walk the walk as well as talk the talk...

Quentin

Mouseman wrote: »

LBAs will do naff all for your position in terms of gaining a response from them; I doubt they even read mine. (obviously it gives you another piece of evidence to throw at them in court should it get there)........

They probably do just ignore LBAs. Presumably many folk send them as a threat, but don't actually proceed with the legal action even when their letter is ignored.

But they are necessary if you do intend to commence legal proceedings to get your money, even if no hearing results from the case.

The purpose of a LBA is for the claimant to show the court that legal action wasn't just sprung on the Defendant with no warning.

Also, unscrupulous Defendants can try it on, and send a predated cheque off once they receive a summons in an attempt to try and avoid paying any extras on the summons (court fees and interest), as well as attempting to pay only the late instalment, rather than the whole amount claimed (ie the full amount outstanding on the deal, not just the late payment). This won't wash as long as they were first sent a LBA.

Quentin

Sorry, Tyler Durden UK, you will be beginning to think its Get Tyler Monday, today, but it would be useful to us if you could post an answer to this one (originally posted on 16/10/07 - post#1043, page 53)

Originally Posted by Tyler Durden UK
The Court awarded me all my costs
Good news.

It would help others in similar situations if you would let us know what costs you asked for (and how you calculated them).

Tyler_Du

Quentin wrote: »

Sorry, Tyler Durden UK, you will be beginning to think its Get Tyler Monday, today, but it would be useful to us if you could post an answer to this one (originally posted on 16/10/07 - post#1043, page 53)

One Judge awarded me my court costs plus postage costs, the other awarded me my court costs but would not award postage costs, he then said he would allow my parking costs for that day. I did not claim Interest in either case.

Get Tyler Monday, of course not. I am in debt to all who have helped me on this site.
I will say that if I was a new poster to this thread and read some of the replies people feel a need to post I would think twice about posting myself. This is a huge shame as at the end of the day we should all be helping each other instead of following our own agendas.

Quentin

Thanks for letting us know.

(As far as interest is concerned, this does need to be claimed on the original summons - then when you get judgement in your favour the court will allow you to add the further interest that has accrued since the original form was completed up to the date of the judgement. Then should the judgement need enforcing you can add the interest accrued since the judgement date etc etc)

James212

Quentin wrote: »

Also, unscrupulous Defendants can try it on, and send a predated cheque off once they receive a summons in an attempt to try and avoid paying any extras on the summons (court fees and interest), as well as attempting to pay only the late instalment, rather than the whole amount claimed (ie the full amount outstanding on the deal, not just the late payment).

Hi,

I think this is what TMO is trying to do in my case: even though I won my claim for cash back without TMO defending it, they didn't pay up for a good two weeks after I requested a warrant to be issued (costing £55). When the cheque arrived, not only was it £55 less that it should have been, it was dated the day before the warrant was issued. So either TMO wrote me the cheque then waited two weeks before posting it to me, or they predated the cheque and are trying to avoid paying the cost of the warrant.

The £55 is still outstanding and I really must get around to contacting the bailiff (needs to be before 10:30am in the morning) and finding out what has happened to this, although the lion's share of the claim (i.e. the cash back claimed plus my £30 MCOL costs) is now paid. As I think someone recommended, ideally I should've sent them a letter threatening application of a warrant, instead (and for quickness) I phoned them up.

I'm sure TMO does not have a leg to stand on legally, particularly as MCOL allows you to apply for a warrant the day after judgement is made in your favour. I waited a week after TMO received the court's judgement to allow them chance to pay me this. I then followed this us will a phone call to which TMO (Cashback Team) never returned. Then I applied for the warrant.

don9999

I made a Court Claim against TMO for the last cashback payment of my previous contract. They then paid immediately (plus £30 court costs).

They have now missed the first payment on my new contract.
On day 28 (from receipt of my paperwork) they sent an E-mail saying they had technical difficulties and would make payment in a further 45 days.
I wrote back and said it was unacceptable.
Instead I gave them 14 days beyond the true payment day (which was 28 days from receipt of paperwork).
I stated that if I did not receive payment by that date, I would make a court claim for the FULL contract value.
I sent an addition communication after 7 days, warning that they had just 7 days left.

Today is the final day, and I'm preparing my court claim.

My question.
Am I within my rights to claim the FULL cash repayment, rather than just the current cashback payment? ie. the full £480?
In my view, they would not accept a single day's delay in us submitting documentation, and would say we had forfeitted the WHOLE of the cashback if we were one day late.
I see that it is only fair if we apply the same to them, and if THEY are late (14 days in my case) then I want them to pay the FULL cashback.
How would the courts see this?

Cheers,
Don

rose28454

my son bought a phone from these people in June. His 4th bill for cashback was dated 22.8.7 and he sent it in on 10.9.7 by Special Delivery. It should have been received by 11.9.7 but when we checked Royal Mail it said it had been re-directed to a new address. We sent it to the one on the web site and the delivery note. He did not hear from them so chased them by e-mail and eventually received one dated 8.10.7 to say his claim had been received. However he received a letter today saying he had not adhered to T & C so his cashback claim was rejected.
Firstly we though it said cashback would be paid within 28 days ie: 9.10.7 not that we would receive an acknowledgement.
Secondly the 11.9.7 was 21 days from date of bill ( including bill date ) so he had adhered to T & C
Thirdly It was not his fault the letter had to be re-directed.
I am very disappointed as I found the deal for him and he has just started work in London and needs the cashback.
Where does he go from here??