The Mobile Outlet

Allan87

taz63 wrote: »

I thought that they wouldn't have disputed it, knowing that i had video evidence, obviously I was wrong.

Do you mean you've recorded yourself placing the bills in the envelope and posting it?

taz63

yes, i stapled all bills together & zoomed in on important bill details like date, mobile number etc.

kltpzyxm

Allan87 wrote: »

Do you mean you've recorded yourself placing the bills in the envelope and posting it?

Hi Allan87,
we have being doing this for some time now, since the contents disputes began

inkypinky999

Brenda wrote: »

TMO did send me their currently customary email (on Day 24) stating that it would be delayed “14 working days” but I simply sent them a polite email and fax, pointing out gently that this was unacceptable; they had contracted to pay me within 28 days and that it would be silly for them to incur legal costs by obliging me to sue them if they failed to do so.

Thanks Brenda!

What is their fax number, so that we can fax our notice letters,

Is Fax reciept considered as a legal proof of delivery?

James212

don9999 wrote: »

....They have now missed the first payment on my new contract.....My question. Am I within my rights to claim the FULL cash repayment, rather than just the current cashback payment? ie. the full £480?

Quentin wrote: »

....to answer your question, if you complied with the conditions, then their failure to pay you is a fundamental breach of the contract which allows you to claim the full amount due (plus interest on the instalment overdue from the date it should have been paid).

Hi Quentin,

You may be aware I have just finished reclaming the last £55 from my contract with TMO, and I now am 4 months into a similar contract with Phones2Udirect (claim at 6, 9, & 12 months).

Just so I am 100% clear on what you are saying in your earlier quote (re: fundamental breach of contract), if one of these companies (TMO / Phones2Udirect, or similar) say in their T&C's that they will (in the example of Phones2Udirect) pay cash back claims "....in the form of a cheque, which are sent out within 45 days of receipt of a valid claim", that if the customer does not receieve a cheque within 45 days, they can then begin a claim against that company for the full amount of cash back paid under the entire contract? I assume that a LBA would be required before a claim was made.

In your opinion, is it possible to send this (a LBA) before the time period (in this example, 45 days) elapses, or should you wait until after this?

I am interested, as in my experience with TMO, they made me wait 80 days for my first cash back cheque of £185 (I think their T&C's said "please allow 28 days for delivery"). This was despite sending several courteous e-mails to them and a couple of telephone calls. I would've been tempted to try to claim my whole cashback if I knew I could do this. (This was before I found this thread, and knew about MCOL, LBA etc).

My first cash back claim (Phones2UDirect contract) is not due until the end of next month, but I'm trying to just prepare myself, and putting the experience I've gained with TMO to good use to get my cash back paid as prompted as possible!

Quentin

From the condition you have quoted, note that they do not say you will receive the cheque within 45 days.

So you ought to allow time for the cheque to be delivered.

You need to await their breach of the contract before sending them the LBA.

athomick

My second cashback has appeared in my bank this morning :j . Some people are apparently getting reasonable service from TMO by being polite, courteous and patient. My opinion, for what it's worth, is to stick rigidly to the letter of the T&Cs you signed up to, don't take anything TMO tell you at face value, be prepared to repeat yourself several times since you are often ignored, don't ever dream (nightmare) of dealing with a company like this again and be very cautious of advise (yes including this) you receive on a public forum.

My third claim was received by TMO a few days ago so I haven't escaped their clutches yet. If the company is struggling I don't expect them to go under before riding out the lucrative Christmas period. Come February/March who knows...

jagnew_2

I've just received my first cashback :T 10 weeks after they acknowledged receipt of my claim and accepted it:mad: . The second one is due to go to them this week. The inclusion of all paperwork and sealing of the envelope before posting by special delivery will be witnessed and signed by a third party. There wll be no mistakes and no question of missing bills should they dare to go down that road.

Some folk have been fortunate and had no problems but others seem to be going through hell. My 1st claim was accepted as complying with T&C's but still had to wait for 10 weeks and several e-mails/letters with no replies untill I sent of an LBA They are obviously hoping we will give up and not bother continuing chasing them. Think again TMO, I WANT WHAT IS DUE TO ME !!!

I read somewhere that 3G are no longer dealling with these people and I've been in contact with T-Mobile(my network) asking how they can continue to allow TMO to sell their contracts. They have said they are investigating now. Good luck everyone.

John

taz63

It seems from reading posts in this thread that tmo dont turn up in court for the hearing... but is there anyone out there who have had experience of facing tmo in court?? Has anyone to date lost a case in court??

mira

Hi,


Please advise on this matter. I need your tips for taking the MobileOutlet to court.


This is the problem we faced:

on 21 September I sent my 5th claim along with my sister's 5th claim recorded delivery. After a week I checked the royal mail website and still there is no confirmation of delivery so we decided to send again Special delivery on 28 September. But as we had no extra time to request a duplicate from orange we sent photocopied bills to them after checking this will be OK with them on the phone and via this forum where I was given the wrong advise here by the MobileOutlet (misleading information - i think deliberately).


Now, it seems they did originally receive the Recorded Delivery mail we sent the first time. This is because they sent me an email confirming that my claim has been successful but my sister didn't receive the confirmation. Normally we receive it at the same time when we send it together in the same envelope.

It seems they are trying to deny that they have received it but in fact they did.

So my sis phoned them to check the status of her claim several times this week and she has been advised that a rejection letter is on the way. I suppose it will say its rejected because they don't accept photocopied bills. OK that is right they don't accept it, but its evident they are denying that they have received her original claim sent which was sent recorded delivery with mine. A proof they have received it is because mine has been approved before they have opened the Special Delivery mail we sent after.


So we will need to take them to court because of their denial and I need your tips and help on that.


Thanks!