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This will be my last post on this subject of forwarding.
Check your T&Cs (use the wayback machine if you cannot find the relevant ones from reading this thread), and see if it says you must deliver or forward your claim to them within 21 days.
If it says forward then you should be fine, you have proof of posting on day 11 and they received it.
If it says deliver, then erm, whoops, it's as Tyler said.Toyota - 'Always a better way', avoid buying Toyota.0 -
Upon the expiry of the 28 days, if your money hasn’t arrived you then send them an email or a fax or a recorded delivery letter, pointing out that they were contracted to pay you your cashback within 28 days of your claim and have failed to do so - you want your money without further delay.
If it then isn’t forthcoming, you send them a Letter Before Action insisting on payment by a certain date. And if that date passes and you still haven’t received your money, you go to MCOL or launch a claim through the small claims track of the County Court yourself, seeking the whole of your remaining cashback entitlement, plus costs plus interest.
You can streamline this and cut out some spadework by combining these two stages into one.
Once the 28 days have passed, then you can straightaway use a LBA to chase the money, giving them 7 more days. If this fails you are ok to go straight into a MCOL.0 -
Tyler_Durden_UK wrote: »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 ?
Hi again all
Mail that is sent "recorded delivery" or "signed for" is treated no differently to all other first class mail ... it does not receive special attention until of course a signature is asked for. So for example, you could send "recorded delivery", it could arrive late and be signed for late and you'd lose your cashback claim. As it is, over 90% Royal Mail first class post arrives the following day, the rest on day 2. Indeed, over 97% 2nd class post arrives within 3 days. I allowed 10 days for my mail to arrive with them.
Proof of posting however is exactly that ... that well within the 21 days I have 'forwarded' my bills and claim.
As for photocopies of my T and C? I should have an original set, with an original dispatch note. I should get letters that are printed completely, and that are signed by a MO representative. The letters should fit on the page and not be printed over the business information at the bottom of the sheet. Indeed, the headed paper should not be a piece of photocopied paper!
It's all very very shoddy business practice.
Thanks to all for all the advice and comments and thanks to the MO forum queries team for getting on the cse
Regards
Nytram910 -
This will be my last post on this subject of forwarding.
Check your T&Cs (use the wayback machine if you cannot find the relevant ones from reading this thread), and see if it says you must deliver or forward your claim to them within 21 days.
If it says forward then you should be fine, you have proof of posting on day 11 and they received it.
If it says deliver, then erm, whoops, it's as Tyler said.
Hi again
The T and C in force back in March do state that the bills should be forwarded within 21 days. I have proof I did this.
Regards and thanks to all
Nytram910 -
..there are some people (and I am one) who find it less bothersome to just send in five cashback claims and then chase them up with an email if that will produce the goods without the need for going to court and getting bailiffs to enforce judgements.
Of course - each to their own.
My post was not a criticism, just an attempt, as I said, to streamline the process, and get our money paid ASAP.
Sending in a claim and dealing with the chasing can be far more costly, stressful and time consuming than one LBA.
And if they ignore the LBA, then one MCOL is definitely a much cheaper and efficient way of getting all your money. (No more recorded or special delivery postage to pay, or phone calls)
And should the MCOL result in a judgement which has to be enforced, then sending in the bailiffs is another straightforward operation which you can do on-line via MCOL.0 -
they have changed the T&C again. They have given themselves more time to pay out (45 days), but also us more time to lodge a claim (60 days).
However, they have made less clear what they require to be submitted (initally it says "a bill evidencing" but later it says "complete bills" ) and have linked dates to date of connection, rather than when bill is issued (so may cause problems since the bills are sent monthly but their request works on 30 day slots - hence result in shorter timescales to submit).
What's the chances that lots of people on the old T&C fail becuase they do not meet the new T&C???
I've highlighted differences in bold
11.1 It is important that you read and understand this entire clause 11 which sets out how to claim your Line Rental Entitlement (Cashback). The Line Rental Entitlement (Cashback) is a single entitlement towards the cost of your line rental, which is paid on a redemption basis.
The payment is paid in 5 equal instalments by BACS directly to the account details provided at the time of your order. It is paid within 45 working days of our receiving your claim
With your Mobile Phone Delivery E-mail you will receive 5 Cashback Redemption Vouchers numbered from 1 to 5 which must be used to claim your Line Rental Entitlement (Cashback). Simply send each voucher in numbered sequence order on each Instalment Date and send it to us with a bill evidencing that you have been connected for the periods set out in clause 11.2 if you have a 12 month contract or clause 11.3 if you have an 18 month contract at the address below
Line Rental Entitlements (Cashback)
The Mobile Outlet, Cashback Dept.
3/4 Riverdale House
Dockfield Road
Shipley
BD17 7AD
11.2 If you have a 12 month contract in order to claim your Line Rental Entitlement (Cashback) you are required to do the following:
On Instalment Date 1 (120 days from and including the date of connection) send to us the Cashback Redemption Voucher Numbered 1 with a bill showing that you have been connected for a minimum of 120 days.
On Instalment Date 2 (210 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 2 with a bill showing that you have been connected for a minimum of 210 days.
On Instalment Date 3 (270 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 3 with a bill showing that you have been connected for a minimum of 270 days.
On Instalment Date 4 (330 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 4 with a bill showing that you have been connected for a minimum of 330 days.
On Instalment Date 5 (360 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 5 with a bill showing that you have been connected for a minimum of 360 days.
11.3 If you have a 18 month contract in order to claim your Line Rental Entitlement (Cashback) you are required to do the following:
On Instalment Date 1 (300 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 1 with a bill showing that you have been connected for a minimum of 300 days.
On Instalment Date 2 (350 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 2 with a bill showing that you have been connected for a minimum of 350 days.
On Instalment Date 3 (410 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 3 with a bill showing that you have been connected for a minimum of 410 days.
On Instalment Date 4 (460 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 4 with a bill showing that you have been connected for a minimum of 460 days.
On Instalment Date 5 (540 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 5 with a bill showing that you have been connected for a minimum of 540 days.
11.4 In order to claim your Line Rental Entitlement (Cashback) you are required to:
11.4.1 make the claim in writing and comply with the terms of clause 11.
11.4.2 claim each instalment of the Line Rental Entitlement (Cashback) Claim within 60 days of the relevant Instalment Date. If your claim is received outside this 60 day period, your cash back entitlement will be void.
11.4.3 send in your complete bills to us. These are not returned unless a self addressed envelope is provided.
11.4.4 have paid your phone bill on time by direct debit by the date specified on the bill
11.4.5 remain on the same monthly tariff from the one originally selected at the time of your order. If you subsequently change to a lower monthly tariff you will lose the Line Rental Entitlement (Cashback)
11.5 Each instalment of the Line Rental Entitlement (Cashback) must be claimed individually. We are unable to accept more than one claim per envelope.
11.6 It is your responsibility to ensure that we actually receive your Line Rental Entitlement (Cashback) claim. You should therefore ensure that your initial Line Rental Entitlement claim and any subsequent claim is sent to us by a guaranteed delivery service. We recommend the Royal Mail Signed for Service.
11.7 We will notify you of receipt of your Line Rental Entitlement (Cashback) claim within 14 working days of our having received your claim
11.8 Any queries relating to Line Rental Entitlements (Cashback) after 14 days of placing your order must be made to cashback@themobileoutlet.co.uk. If any documents are missing from your delivery, you must notify the cash back team within 14 days of receiving your mobile phone. Duplicate vouchers cannot be issued after this period. 11.9 You must include your original dispatch note with your first claim. This applys to both 12 and 18 month contracts.0 -
As for photocopies of my T and C? I should have an original set, with an original dispatch note. I should get letters that are printed completely, and that are signed by a MO representative. The letters should fit on the page and not be printed over the business information at the bottom of the sheet. Indeed, the headed paper should not be a piece of photocopied paper!
This is very true. My T&Cs (received June 2006) were a scraggy photocopy on the back of my "welcome letter" or similar, which itself was a bad photocopy. It didn't leave the greatest impression. I think I could just about read some sections of the T&Cs. I suppose photocopying is cheaper than printing. Fortunately, I didn't have to send this in as part of my cash back claim, as the quality was so poor it probably wouldn't have photocopyed well.
I have to say (and I'm not sure if this did or does apply to TMO) that I think it's particulary sneaky if a company asks you to send in a document, on the reverse of which is your only copy of their T&Cs (of which the copy online changes regulary), as part of your cash back claim. I wonder how many would have sent this in and subsequently lost the details of how to claim their cash back.0 -
Never forget that unless a retailer assists foolish people to do foolish things with substantial sums of money it will not be able to afford to pay cashbacks to the diligent.
And, to be fair to TMO, they did send back my own original Despatch Note / T&Cs when they returned my first set of invoices.
Hi Brenda,
Ha hayou are right of course, and after enjoying 3 wonderful years of using a free mobile phone (via cash back....), with more inclusive minutes & texts than I can possibly use, perhaps I should be less critical of some of the tactics employed by these companies! My home phone bill is practically nothing - bar the flat rate line rental and broadband!
I fully appreciate what you are saying. I guess I'd just like to think that cash back deals could exist without the need for all these tricks.
I have a friend who had a half price cash back deal last year. He forgot to claim. Cost him about £150. The retailer was not at fault at all, he was just too lazy to bother remembering. He didn't seemed fussed either, he knew he was at fault.
These are the sort of people I'd like to think are funding my free mobile phone, and not the other people who are caught out on a technicality. I'd better stop here as I think I'm possibly being a bit naive!!
One last thing though, I suspect few people include a SAE as you do in order to get their bills returned, unless they need them for another reason (tax records perhaps). I just photocopy mine. Presumably, if I really needed them, I could also obtain copies from the network provider, although they may charge for this?0 -
Hi again all
Mail that is sent "recorded delivery" or "signed for" is treated no differently to all other first class mail ... it does not receive special attention until of course a signature is asked for. So for example, you could send "recorded delivery", it could arrive late and be signed for late and you'd lose your cashback claim. As it is, over 90% Royal Mail first class post arrives the following day, the rest on day 2. Indeed, over 97% 2nd class post arrives within 3 days. I allowed 10 days for my mail to arrive with them.
Proof of posting however is exactly that ... that well within the 21 days I have 'forwarded' my bills and claim.
As for photocopies of my T and C? I should have an original set, with an original dispatch note. I should get letters that are printed completely, and that are signed by a MO representative. The letters should fit on the page and not be printed over the business information at the bottom of the sheet. Indeed, the headed paper should not be a piece of photocopied paper!
It's all very very shoddy business practice.
Thanks to all for all the advice and comments and thanks to the MO forum queries team for getting on the cse
Regards
Nytram91
I would have thought that merely the act of posting is not enough for forwarding, they need to arrive too, which a proof of posting doesn't prove.
Recorded delivery does prove that 'something*' arrived.
Some recommend the use of Special Delivery with consequential loss for added security.
* Even Special Delivery doesn't prove that you sent in the required documentation.Toyota - 'Always a better way', avoid buying Toyota.0 -
For what it is worth, my view of this matter is that if it says it must be forwarded within 21 days, then you must send it off before 21 days, and whilst it can arrive after 21 days, it must arrive.
Otherwise people would be able to claim for things they said they had sent, which never arrive....Toyota - 'Always a better way', avoid buying Toyota.0
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