The Mobile Outlet

amitahuja

kltpzyxm wrote: »

If you have a contract with TMO, it may be worth you reading the whole thread......

My whole idea was if we can all collectively send a complain/petition to OFT against our problems with TMO?

ccbrucer

Hi all,

A few days ago, I received a letter similar to the previous one, which said: You have neglected to send us complete monthly invoices for the cash back period in quesiton (excluding itemized billing pages). Actually, I have ever asked them about if I need to send itemized billing pages before, and they replied to me in this April:Hi

When making a claim please send all relevant documents to the following
address:

Cash Back Team
The Mobile Outlet
Suite 3 - 4
3/4 Riverdale House
Dockfield Road
Shipley
BD17 7AD

We require the first two pages of your bills, the front page and the summary
page. We do not require the itemised billing pages.




Kind Regards


The Mobile Outlet
Cash Back Team

I have send them another email about this. I do not think they will give my cash back. So I want to get them via a court. Could you please give some advice on getting the money back via a court? Thanks beforehand.

kltpzyxm

Hi ccbrucer,
all the info is on page one of this thread....

athomick

I haven't figured out yet if TMO customer services are using complex hypnotic / confusion techniques or are perhaps just a bit dim. They pretend not to read communications, are selective about what they understand, misquote the customer and themselves, break promises on a seemingly random basis and pretend to be giving you something when they are in fact trying their hardest to mug you in broad daylight while smiling sweetly at you.

They told me that they issued payment to my account today :j (they told me the same thing last week ). They have talked a lot of nonsense, the most amusing being:

I have made you aware of the terms and conditions misprint,

So you now know for future to abide by these.

We apologise for the printing error, this has now been corrected, and all customers have been made aware.

I will issue payment for stage 2 tomorrow in to your bank account.

As advised in future your bills are required within the specified timescale, inclusive of the issue date of the relevant bills.

Example – next claim, to send in bills 8 and 9 within 21 days of the 9th bill issue (inclusive of the issue date).

I will today send you a copy of the correct terms and conditions, by post.

Please keep note of this in future.

I have noted your policy.

I have 5 more days to wait before I can stop listening to this nonsense and start claiming the lot.:rotfl:

James212

mikrt wrote: »

So fingers crossed to a positive result. My next course of action I guess being a claimm via MCOL,

Hi Mike,

Yes I sent a complaint letter to Meridith Walker as well after they rejected my cash back claim. I think in my letter I warned them that if I didn't receive my cash back within 2 weeks that I would be persuing them for this via the small claims court, so in effect this was my LBA (this is before I discovered this thread and all the excellent info contained within).

What I would say is that, TMO did not respond until almost 1 month after the date of my complaint leter/LBA! Coincidentially, by then I'd already begun a claim against them via MCOL. I'm not sure they would've even replied if I hadn't initiated a claim against them. So I just ignored their offer and persued the claim, which they didn't even defend.

In their (TMO's) letter to me, they offered me half of my cashback "as a goodwill gesture", appoximately £90. But as I'd already spent out £30 on the claim (so with the cashback, I was claiming £210), and TMO's offer made me suspect that they'd received my claim against them and we trying to persuade me from following this through.

So stick to your guns, be prepared make a claim via MCOL, and don't put off if they try to settle with part payment of cash back. Sounds like you have a good claim.

mikrt

Thanks again James212,

just for the record, there are two seperate phones/contracts involved with the the same letters/rejections etc. (1for daughter, 1 for son) It should be 10 months free @ £35/M, so this will be £700 I'll be fighting for.
I think I'll leave it a fortnight, and if I hear nothing I'll send an LBA before escalating it further, does that sound about right to you??

regards and thanks again,

Mike

jagnew_2

I've just been told they paid £84 by BACS today. I'm claiming back my 1st 4 months so @ £35 pm my calculations are £140. It seems their arithmatic is about as good as their customer service. I've asked for an explanation before I take it further.:mad:

John

Quentin

They pay you in 5 equal instalments. (Read your ts + cs before you "take it further")

jagnew_2

Quentin wrote: »

They pay you in 5 equal instalments. (Read your ts + cs before you "take it further")

Nowhere in my T&C does it say 5 equal instalments. I have to complete the 5 stages, bills 1-4, 5-7, 8+9, 10+11 and finally 12. I'm only at stage 1 with stage 2 to be completed next bill.

John

James212

mikrt wrote: »

just for the record, there are two seperate phones/contracts involved with the the same letters/rejections etc. (1for daughter, 1 for son) It should be 10 months free @ £35/M, so this will be £700 I'll be fighting for.
I think I'll leave it a fortnight, and if I hear nothing I'll send an LBA before escalating it further, does that sound about right to you??

Hi Mike,

Wow... £700 cash back: definitely worth fighting for, makes my £185 claim seem small in comparison!!

I have read your letter that you sent to TMO. Seems like you have an excellent case, since your T&Cs state only to send in "bills" and not "complete bills", so no need to delay any claim. It's a shame you didn't include the threat to take them to court to get your cash back in this letter, since this would then count as a LBA, and then you could initiate a claim when the deadline you have set expires.

As it is, yes, I think you need to send a separate letter threatening this, demanding the cash back within a 2 week deadline. Of course, like me, you may not be desperate for the cash, you just want to be confident that you will receive this at some point. However, what worried me with TMO, and continues to worries me in general about these cash back deals it that you never know whether the company in question is about to go bankrupt, in which case I would think it's fairly likely that customers would lose all their outstanding cash back. You only need to read this forum to see how many people there are looking to take TMO to court to claim their cash back. I myself have taken £85 off them (i.e. in court costs), this is in addition to the loss to TMO of paying me the whole 12 months cash back of approx. £370. So you never know if the company is about to go under or not. I suspect that there are still enough customers, like a friend of mine, who genuinely stuff up their cash back claims, and who TMO make money from, to keep the company in the black.

But just in case their financial position is shaky, I would fire off another letter straightaway threatening legal action. This then means you can begin a legal claim 2 weeks from the date of this letter. Send the letter by recorded delivery and obtain prove from the Royal Mail website that this has been delivered. Of course, if subsequently TMO reply back to your previous letter and say that they will honour your cash back claim, all well and good, you haven't lost anything. But as I have said previously, I didn't get any response from TMO until after they were informed by the court service of the claim against them. Perhaps they really are understaffed to such an extent that it took them 4 weeks to reply to my LBA, despite my LBA demanding a response within 2 weeks. But the other explanation would be that they don't take some cash back complaints/LBAs seriously until you actually initiate a legal claim. I say this as I got a response to my complaint/LBA within a few days of the court service notifying TMO of my claim against them.

Based on my experience, the rough timescales go something like this:

i) Send LBA - demand payment within 2 weeks (we'll assume no response).
ii) Initiate claim (costs £30/35?) - takes about a week, the defendant (TMO) has 2 weeks after this to respond. If you're lucky, they won't file a defence or acknowledgement. If they file an acknowledgement, this gives them a further 2 weeks, and is a sign they are planning to file a defence (again, we'll assume no response).
iii) Request judgement - this will be made in your favour, since no response from the defendant. This takes a couple of days at most.
iv) Request warrant (costs £55) - you can request a warrant the day after you request judgement. However, I understand it is more sporting to give the claimant reasonable time (one week?) from the date they receive notice of judgement, to pay the claim. Personally, I called them a couple of days after they received the judgement, asking for verbal assurance that this would be paid the same day, and threatening a warrant (which would cost them a further £55). No one from the "cash back team" called me back.
v) Once the warrant was issued, I received a cheque about 2 weeks later, for the complete claim minus the cost of the warrant. It's taken the last few months to get the £55, but this was for other reasons, i.e. TMO's change of address, and also because I wasn't actively pursuing this (it was only £55). There was one point when I thought TMO was going to challenge the £55, but I think once you have won your claim, there is nothing they can do about it if you choose to send the bailiffs in and apply for a warrant.

So as you can see, the whole process can easily take a couple of months before they pay up, even if your claim goes unchallenged.

I'll end it here, I'm waffling on again...