The Mobile Outlet

taz63

Mira, Your case seems similar to mine, tmo are denying that the fact that there was a 2nd lot of bills in the same envelope for your sisters cash back. Have you kept evidence of what went into the envelope, ie, pictures/video evidence of you putting the claim into the envelope??

Write a LBA, give them 7 days if you get no response take the MCOL route.

James212

taz63 wrote: »

Have you kept evidence of what went into the envelope, ie, pictures/video evidence of you putting the claim into the envelope??

Hi Taz,

I've think I've heard a couple of members on the forum say that they have videoed putting the bills in the envelope, or getting someone to witness them putting the correct bills in the envelope, before sending to TMO. I appreciate what you are trying to achieve.

But just a point of discussion, surely if you have made copies of the bills (so you have the copy to keep) before you send them, that a court would give you the benefit of the doubt, that you sent them to TMO, providing you have proof of posting, and proof of date of reciept? After all, if TMO could use this as an excuse, they would be claiming this all the time (that the correct bills were not included)?

It's a bit like if you order something from a company on the internet, and you sign for it, but when you open the package you find it's damaged, then the company has to replace this or refund you. They don't know if you've damaged it yourself after you signed for it, even if they say "check for damage before signing" and know it wasn't damaged when it left depot. But they still replace it.

I can see that having video proof may help prove that you sent the bills, but if you have copies anyway, this proves you had the bills in the past at some point. I mean, where does it end? I think someone suggested videoing themselves posting the claim at the Post Office! As long as you've taken reasonable precautions, i.e. by sending via Special Delivery, and taken copies, kept all reciepts for posting etc, I would think a court would believe you over TMO.

James212

mira wrote: »

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

Hi Mira,

They are probably trying it on again, in the hope you won't bother to contest the cash back claim rejection for your sister. Either they deliberately have lost your sister's claim that was in your envelope, or the person who was sorting out their post wasn't being very careful. Either way, you know they have the bills, as they received your claim.

As Taz says, threaten them with a LBA, and swiftly after (if you don't get a reply) initiate a claim via MoneyClaimOnline, it's very easy to do. And the cost of the claim (£30 or £35?) is just added to the amount they owe you.

But hopefully they will pay up when they receive the LBA, and save you the hassle.
Although they didn't in my case, in fact it took a month for them to reply! First thing I heard back was only once I'd made a claim against them.

Best of luck.

taz63

Thanks James, you have a valid point, making a video is just an extra precautionary measure.

In my case I’ve got photocopies of all bills, Special delivery receipt & proof of date of receipt. Now all I can hope for is the correct decision to be made in court.

jillpig

I joined the mobile outlet in april this year on a 12 month free contract. all is well apart from when it is time for you to claim this cashback. my first cashback claim was send at the end of july well within the 21 days you have to send it. I sent it recorded delivery so it would arrive on time and with proof of postage. I didn't hear anything from them for a few weeks so I decided to email them just to check they had received my claim, that everything was okay and when I could expect my cash back. I didn't get a reply so I sent it again and again and again and again and again - after six attempts and it now being november I finally got an e-mail back saying none of my bills were showing on the system so had not been received - had they bothered to tell me this earlier I would have looked into it - NOT A HAPPY BUNNY!! So I wrote an e-mail back but now all e-mails I am sending to the address off the website and other addresses I have used in the past are being sent back as they have failed to be delivered. Their telephone lines are only open between 9am and 5.30pm and close at weekends so it is impossible to contact them by telephone if you work these hours too - if you ring during your lunch hour you are on hold for the entire time! I am fed up and going to contact T-Mobile as they must be aware that companys like this are in operation andselling their deals - but are not keeping to their part of the contract. The only reason I went with t-mobile was because it was free line rental ans seemed like a good deal and part of the contract was to receive cashback which they are not keeping to. :mad: I am soooooooo mad!! My second cashback claim is due to be sent this weekend but I don't know whether to even waste my time sending it off when their customer service is so poor

Kitster

Hi Mira/Taz/James

Yes...it was me who was going to video taking the parcel to the post office...sadly i didnt quite have the guts to do it. I did video each bill..and like taz said...focused in on my name and the bill date and each page number ..then placing the whole lot in envelope with despatch note and cover letter....sealed envelope and focused in on the special delivery sticker and tracking number....a 3 min video in total! just checked royal mail site and it has been signed for only six days after the date on the fourth bill...well within the 21 days...just waitingf for their email now. I cant help but feel i will be initiating a MCOL claim and nalmost feel like i should just because i want to use the video to rub their nose in it when they don't pay..and of course get the full amount in one go.

The deal i got in July 2007 was the n70 with tmobile fext 35 with free line rental for 12 months at 42.50 a month - so I should be claming £520 back in total....I have seen a lot of people here who have claims of £400-480 but has anyone been succesful with any claim like this in excess of £500? did anyone else take out this deal? good luck to all claiming back

jagnew_2

jillpig wrote: »

I am fed up and going to contact T-Mobile as they must be aware that companys like this are in operation andselling their deals - but are not keeping to their part of the contract. The only reason I went with t-mobile was because it was free line rental ans seemed like a good deal and part of the contract was to receive cashback which they are not keeping to. :mad: I am soooooooo mad!! My second cashback claim is due to be sent this weekend but I don't know whether to even waste my time sending it off when their customer service is so poor

Hi M8, I can understand your pain. I have been in contact with T-Mobile several times and been told tey can't help....even though TMO are selling products on their behalf. Anyway they have passed all the info on and are investigating. I told them I wanted out of my contract but they said they couldn't do that and were very sorry for the problems I was having. I told them I would stop my direct debit before the next bill was due if I didn't get something done. Please do get in touch and let them know you know of others (me) who are in the same position and who have also complained.

I've just received my first cash back though so maybe I'll hold off as the next one is due to be sent next week. Like you though I got no replies to emails or the LBA I sent off last week then I get an email saying I will get my money within 7 days. I'll see how the next one goes before pulling the plug on T-Mobile - yes, they said I would be breaking my T&C's with them but until they drop TMO, they must share some responsibility for this mess.

John

James212

jillpig wrote: »

I am soooooooo mad!! My second cashback claim is due to be sent this weekend but I don't know whether to even waste my time sending it off when their customer service is so poor

Hi Jill,

What can I say... except don't give up!!
It sounds like you have done all the right things i.e. sent in your bills within the timeframe, and I assume that you can obtain proof of delivery? I understand that now you have to claim in 5 installments with TMO, and this can be a problem as claims can overun into subsequent claims, making the situation confusing. My contract was relatively simply as I only had to claim twice, at 6 months and at 12 months.

I also sympathise that it is not always easy to contact them, via phone or via e-mail. So what you need to do is to send them a LBA, don't bother with the telephone or e-mail, especially if you are not getting anywhere with this or it is difficult due to work. Include in your LBA all the details pertaining to your first claim i.e. the date this was due, and the date you know TMO received this, and that you have proof of this, but otherwise keep it simple and professional. Also include what you want i.e. to be paid your cash back and give them a deadline to do this (personally, I would say definitely no more than 2 weeks!!), and if this does not happen you will claim against them in court. Also note from other recent posts on this thread, that should you have to claim (via the MoneyClaimOnline (MCOL) website), that you should be able to claim the cash back for the entire contract up front. This is because TMO has broken their side of the contract by not paying you the cash back owed despite you following their T&Cs. Whether you will get this or not is up to the court if you win, however you should at least get your first cash back installment paid.

It goes without saying that I have assumed that you have followed TMO's T&Cs and sent the correct bills in. But don't just give in because they are ignoring you. I think this is a common ploy by TMO, and is designed to test if you are bothered to fight for your cash back, or not. I imagine some people must just give up at this point. My first claim was paid 50 days late, and only after several calls & e-mails. I didn't send them an LBA, as I had plenty of time between claims (6 months), unlike your contract, and also I didn't know the legal process back then.

If you don't send them an LBA, you may well find that you simply won't get your cash back, then TMO will say that all remaining claims are void. As another poster said, there is a lot at stake in the first claim, since if TMO can successfully reject this, they can then void all subsequent claims, as this is a specific clause in their T&Cs. If you get no response to the LBA, claim via MCOL. It costs you £30/£35, but this will just be added to what they owe you.

Think of it as a challenge

James

Kitster

can i just ask...although i am no law expert...surely there must be some governing body watching the number of MCOL summons/complaints that TMO are getting for not playing fair....so should they not have been reprimanded in some way by now...it seems that they are happy for things to go to court as all they ever stand to lose out is to pay the cashback they owe in the first place plus 30-50 quid for court costs and no other punishment...isnt there any rule for criminals like being hauled before court more than x number of times gets you a jail sentence or community service at least???

inkypinky999

Kitster wrote: »

can i just ask...although i am no law expert...surely there must be some governing body watching the number of MCOL summons/complaints that TMO are getting for not playing fair....so should they not have been reprimanded in some way by now

I have made complains to office of fair trade and I will ask all who are having issues with this trader make a complain. If their are huge volumes of complains being recieved then OFT will take action but for that we have to do our part and report issues to OFT, their number is on consumerdirect.

It is high time that we (consumers) launch a campaign against this trader.

What say all?