The Mobile Outlet

athomick

Letter Before Action. You can find out all about it by searching the thread.

rose28454

Quentin wrote: »

My reference to "inclusive" which you quoted wasn't anything to do with your son's bills. (I had posted in answer to athomick's post).

A redirection between offices shouldn't come into it, (as long as he sent the claim to the correct address for claims in the first place).

Thanks I realised you werent refering to me questions. However you have clarified the bit about re-direction for me

jagnew_2

After many e-mails and LBA which should have arrived today...I received an e-mail today from the Forums Team saying that probs with BACS system is causing delay and I should have my money within 7 days. I really hope so.

John

fagun

Brenda wrote: »

Usual tosh about "delay of 14 working days" (i.e. three weeks) but we all know how to deal with that, by now.

How do you deal with it??? Took them 4 weeks to acknowledge my first cashback request, and then another 4 weeks for it to arrive (and this was after a couple of phonecalls / e-mails chasing them). I have (Royal Mail) proof that they received my second cashback request yesterday, but nothing from TMO so far.


Also, my contract was taken out before they added the new explicit term that cashback will be given in 5 equal installments. When I complained about this (I was expecting 5 months charges following my first cashback request), I got a letter from them stating that they acknowledged that this term was not in my T&C, but since the T&C were silent on how much cashback would be given each time, they could do this anyway.

Can they do this? I thought that under the Unfair Contract Terms Regulations, any ambiguity in T&C has to be interpreted in favour of the consumer.

Quentin

jagnew wrote: »

After many e-mails and LBA which should have arrived today...I received an e-mail today from the Forums Team saying that probs with BACS system is causing delay............

Now that you've sent them a LBA, you can ignore any excuses like this.

You gave them a deadline to pay you, and "probs with BACS" is not a reason for them ignoring a LBA.

There are many other ways of getting you paid besides BACS!

And it's strange that this problem seems localised to them - the BACS system is working fine elsewhere (or we would have all heard about it).

The clock is ticking before you take Action.

Hopefully they ignore your LBA, and you can get the summons issued for all the money they owe you - not just the late payment!!

Tyler_Du

rose28454 wrote: »

Sorry to be nosy but are the cases against them all for the same contract. As per my previous posts my son's has just been turned down for the 1st cashback at month 4 for late submission. His claim was received on day 22 because of the re-direction of TMO's post. He sent it to the address on the despatch note and website which apparently was wrong. They have also said he will not be able to claim any more for this contract. Is this what happened to you?
Thanks

They rejected the 1st cashback claim on 2 mobile contracts started at the same time, I wrote a LBA which they didn't respond to, I started 2 separate court actions however they then did pay the 1st and additional cashbacks as I applied for them (although never within the 28 days). By this time I had incurred court costs so I continued with the court action. In one of my cases the judge awarded me the full years cashback and costs (less any cashback payments alreadly paid), in the other case the judge awarded me costs plus any outstanding cashbacks and instructed TMO to pay my last cashback claim within the 28 days.

sabelu wrote: »

Was this pre or post court?

This was after my case(s) had been heard in court and TMO had been instructed by the court to make the payments.

nytram91

Hello again all

MO are claiming that my claim took 15 days to arrive with them by 1st class post. Here's my email to them ... just for info. Regards Nytram91

Dear Sirs

Thank you for your reply.!!Yes I do insist there has been a mistake as I have a certificate of posting on the 5th September, just 11 days into the claim period.!!You claim to have received the claim on day 26 which suggests that a 1st class letter took over 2 weeks to get to you, or that it sat unopened in your in-tray ... neither situation is acceptable.

I am currently away from home but on my return on 22nd Oct I shall be happy to provide you with this proof.!!Maybe you can advise please how to proceed as I am reluctant to part with my original proof of posting.

You state that a copy of the terms and conditions are available.!!My only original copy was on the back of the original dispatch note which was returned to yourselves with the first claim.!!Despite my request, it has not been returned to me, even though a stamped addressed envelope was provided.!!I DO!!believe that I should be in possession of the original dispatch note and the original T and C relevant at the time of ordering, at least for the duration of the contract.

You have also failed to explain why my CashBack refusal letter wasn't printed completely, nor was it signed.

I was assured last year by Imran, in a telephone conversation, that you were striving to improve the way in which you do business.!!I was happy to have the conversation and felt confident that I could place another order with you.!!I was told that a note would be placed on my file that future CashBack claims should not present a problem (assuming of course that I've met the requirements).

On this occasion, I can only presume that despite having received my claim well within the claims period, by the time your team assessed the claim the 21 days had elapsed. This of course should not invalidate my claim.!!

I look forward to hearing from you.!!Please note, I would like advice on how to proceed.

Kind regards

nilocmac

Brenda wrote: »

You've all gone back to confusion over what the word "forwarding" means.

TMO argues that "within 21 days" means that the claim has to reach them within 21 days.

The dictionary definition of "forward" suggests that all you have to do is mail it to TMO within 21 days - and if it then takes another month to arrive, you haven't breached the condition.

The way to avoid all the hassle is to mail off your claim promptly. I sent off each of my five instalment claims within twelve of the 21 days, by Special Delivery, and TMO accepted every one as valid, with no dispute. It can usually be done without problem if you are properly organised.



Hi, September 2006 Squad (+ K), :wave:

Received the conventional "claim successful" email for Cashback 5 this morning (Day 24).

Usual tosh about "delay of 14 working days" (i.e. three weeks) but we all know how to deal with that, by now.

Will advise of any/all developments and arrival of £.

Hang in there, guys: we're nearly there!

So I guess I should get my email any day about #5 and maybe even cheque #4 soon.

GunJack

EyUp Class of Autumn 2006

GunJack's regular update - cb#4 of 5. Success !! After e-mail on 22 Oct (day 47 of cb#4 of 5) stating a BACS payment would be with me in 3-5 days, it turned up in my account THE VERY NEXT DAY !!!!
I sent them a nice e-mail to say thanks and remind them about cb#5 of 5.

cb#5 of 5 - day 8. After claim was delayed by 10 days by the postal strike it was signed for by TMO still within the time limit. Now it's a waiting game.....

So, the final curtain, the penultimate step, the final furlong await...

GunJack - ssoooo glad the end's in sight, even if I have had an easier ride than some(most???)......

Tyler_Du

nytram91 wrote: »

Hello again all

MO are claiming that my claim took 15 days to arrive with them by 1st class post. Here's my email to them ... just for info. Regards Nytram91.....

Dear Sirs

Thank you for your reply.!!Yes I do insist there has been a mistake as I have a certificate of posting on the 5th September, just 11 days into the claim period.!!You claim to have received the claim on day 26 which suggests that a 1st class letter took over 2 weeks to get to you, or that it sat unopened in your in-tray ... neither situation is acceptable.

I am currently away from home but on my return on 22nd Oct I shall be happy to provide you with this proof.!!Maybe you can advise please how to proceed as I am reluctant to part with my original proof of posting.

You state that a copy of the terms and conditions are available.!!My only original copy was on the back of the original dispatch note which was returned to yourselves with the first claim.!!Despite my request, it has not been returned to me, even though a stamped addressed envelope was provided.!!I DO!!believe that I should be in possession of the original dispatch note and the original T and C relevant at the time of ordering, at least for the duration of the contract.

You have also failed to explain why my CashBack refusal letter wasn't printed completely, nor was it signed.

I was assured last year by Imran, in a telephone conversation, that you were striving to improve the way in which you do business.!!I was happy to have the conversation and felt confident that I could place another order with you.!!I was told that a note would be placed on my file that future CashBack claims should not present a problem (assuming of course that I've met the requirements).

On this occasion, I can only presume that despite having received my claim well within the claims period, by the time your team assessed the claim the 21 days had elapsed. This of course should not invalidate my claim.!!

I look forward to hearing from you.!!Please note, I would like advice on how to proceed.

Kind regards

I'd have to say that sending a cashback claim by 1st class post is foolish to say the least, a certificate of posting is not proof of delivery, as for the dispatch note, why didn't you photo copy it before sending ?