The Mobile Outlet

James212

Kitster wrote: »

Should it just be expected that i have no chance of payment within the 28 day limit they say they will pay? should i just wait the remaining 15 days then LBA then MCOL 7 days later or is it worthwhile sending them an email about returning my stuff?..want to do things 'by the book'.

Hi Kitster,

Firstly, you may be lucky and receive payment shortly.
Personally, I would do nothing. Wait until the remaining 15 days are up then immediately afterwards send a LBA asking for payment within 7 days, otherwise threaten that you will take legal action.

The other option to this is the softly softly approach, as demonstrated by "Brenda", who managed to get all her cash back claims paid not much over the "28 day" duration, with a little gentle prompting via e-mail, I think. Read her posts if you prefer this route, as they are all very good and will tell you what you need to know.

I took a similar approach to Brenda with my first cash back claim back at the start of last year (this was when you only had to claim twice: once at 6 months and once at 12 months! Happy Days). I sent several e-mails and telephone calls to TMO. Despite this, my claim was made 50 days after the 28 day duration. I also read posts from a lot of people on these fora who spend a good deal of time trying to contact TMO to get their cash back paid, like I did, so sometimes 1 letter (i.e. an LBA) is a more effecient use of their time.

So now that I am wiser, as I say, personally, I would just give them their 28 days, then go straight in with an LBA (with a 7 day deadline), hopefully this will produce the result you want. After all, if they pay up soon after you send them an LBA, no harm has been done. If they don't pay up, carry on with a claim via MCOL.

If you do choose the softy softy approach, just set some clear and reasonable deadlines out (for yourself) in advance, and if you not get anyway within these deadlines, revert to my preferred route. I think the main risk with the softy softy approach is that if you are unlucky, TMO may just fob you off with excuse after excuse for the delay in payment. With a LBA, this shows you mean business.

But what am I saying? You still have 15 days to go yet, so you may get your money before this is up.:)
What is the saying? "Hope for the best, but plan for the worst"?
Good Luck!

James

James212

Kitster wrote: »

...dont know why i am so anxious about getting my moneyback..to date TMO have not put a foot wrong with me..I just expect it I guess!

So have TMO already paid a cash back claim to you on time?

Kitster

James212 wrote: »

So have TMO already paid a cash back claim to you on time?

No, i have had no money so far but they still have 15 days to pay so technically they have done nothing wrong...yet

coolio_2

James212 wrote: »

Hi Coolio,

Don't suppose you want to share with the forum what the "Admin error" was that dismissed your claim? Was it your fault or an error made by the court? I was just wondering this, as there has been some heated debate on this thread recently on the legalities of claiming for the full contract's cashback, when only the first claim has been rejected.

What is your plan for the 2nd cash back claim (e.g. ignore and proceed with original claim for full contract cash back?)
Cheers,
James

They didn't say, just that the clerk misread something that the Judge had written and closed it. Their fault 100%.

I had the first claim accepted, they were just extremely slow in paying so I logged a claim for everything. Their defence was that, yes they paid late, but they had told me I would have to wait a few months, and that they would never be late again.

I continued with my cashback claims while the courts did their thing. However, for my 2nd cashback, they confirmed it was successful, but haven't bothered to pay it 2 months down the line. I also have in writing from them another apology citing 'BACS problems' for non payment this time.

Shelby

I'm gradually working my way through the daunting number of postings that were made on here while I was away for six weeks. :eek:


Quentin,

I'm a bit worried by this one:

Quentin wrote: »

There is no reason why only those who can afford to wait for their payments should go for a cashback deal.

I think it is most important that nobody should go for a cashback deal unless they can afford to lose the money entirely - let alone have to wait for it.

Indeed, the road to ruin is reflected in those tragic postings which say, "I went for this deal in the first place because it was the only way I could afford to get a 'phone..." and then go on to reveal that they're in a desperate situation because they didn't get the cashback and are now being pursued by the network and bailiffs for line rental that they haven't got enough money to pay.

The whole point here is that, even if some unforeseen mishap doesn't prevent you from filing your claims on time and losing you your whole cashback entitlement, the company could easily go bust before you even get to claim the first instalment of it.

All these deals have to be regarded as just a punt for those who can afford to make a bet that they'll manage to claim the cashback successfully and are in a position to shrug it off if they don't.

It's fatally irresponsible to have your entire solvency riding on whether or not you can get your cashback on a mobile 'phone deal.



Brenda,

Brenda wrote: »

We're back to the thorny subject of what "forwarding" means.

TMO argues that it means not merely sending it, but receiving it as well (and it argues that its T&Cs mean both, within 21 days).


However, the Oxford English Dictionary defines the verb "forward" as:

1 send (a letter) on to a further destination : (as adj. ) ( forwarding) a forwarding address.

• hand over or send (an official document) : their final report was forwarded to the Commanding Officer.

• dispatch (goods) : [as adj. ] ( forwarding) a freight forwarding company.

2 help to advance (something); promote : the scientists are forwarding the development of biotechnology.

It means "handing over" or, alternatively, it means "sending" - with nothing to suggest that the latter extends further, to embrace the concept of it actually arriving.

(All of which is why I ensured that my own cashback claims were received by TMO within 20 days, to avoid ever getting embroiled in a legal argument about what "forwarding" means, entails and/or includes.)

The point you are missing here is that the cashback only becomes payable (28 days later) if the claim is received.

If the claim doesn't arrive, the cashback isn't payable at all... :cool:



Mira,

If you and your sister have separate accounts with The Mobile Office, you need to be pursuing your claims individually. You can't combine the two - and your attempts to do this only worsen your respective positions.

Indeed, it's fair to say that all your problems stem from having tried to combine them. Even a single individual with two cashback deals from the same company needs to keep each one totally ring-fenced.

Part of the problem is that The Mobile Office is (wrongly) trying to impose some of the T&Cs in its new (August onwards) contracts on those who are on the old contracts. (For example, this whole idea that it will pay the cashbacks after 45 working days instead of after 28 ordinary days.)

Clause 11.5 of the current T&Cs states:

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.

Although that stipulation is not in either your or your sister's contract it is a rule that they are trying to apply retrospectively.

That in itself is not valid legally but you do now have to pursue your two claims separately (including writng separate LBAs) and stop trying to combine them.

Self-evidently, nonethelesss, you are entitled to argue that if two claims were in the same envelope and that The Mobile Outlet has now paid one of them, it cannot argue that the other one didn't arrive.

It does depend upon whether on not you can actually prove that your own claim was indeed included in the envelope containing your sister's claim which they have honoured.

mira

I agree with you Shelby that the new terms and conditions have changed regarding making seperate claims. And it does make sense to make seperate claims from now ON even if Old Terms and Conditions do apply.

But in this case the TMO are trying to apply new terms and conditions to people who had different old terms and conditions. In this thread another user (Taz) has sent his 1st claim (bills 1 to 4) and they deny that he has included his 4th bill.

I can see this as quite similar to deny that some of the content is missing.

For my case we have witnesses + sending copy of claim again with a covering letter + receipts which should be enough to convince the court I think.


I don't think the TMO would have a strong arguing point because so far they have bad reputation when it comes to cashback claims against them in the courts.

Would everyone who makes a claim against them be WRONG and they are RIGHT? So it is clear that they are trying to get away with it everytime.
Especially that they don't go to court to defend themselves.

Tyler_Du

Well its looks like I'm going to get the bailiffs involved, I received 2 chqs from TMO recently for payments awarded to me in my court action against them, unfortunately they were £20 short, I wrote to them and gave them a week to pay, they have not done so

[SIZE=-1][/SIZE]
[SIZE=-1] [/SIZE]

Allan87

After reading the problems people are having with including two claims for two seperate contracts in one envelope I thought I'd enquire about my situation. I have two contracts, one for myself, one for another member of the family, yet they both appear on one bill as both are in my name. Is anyone else doing this and if so have you experienced any problems?

Kitster

Brenda wrote: »

....I sent Kitster a PM containing a lot of advice that I had myself found helpful and was kindly disposed to passing on. He read it but never even bothered to acknowledge it, let alone thank me for it. Others minded to give up their time to assist him may wish to bear that in mind when next he asks for help.

Apologies Brenda but I truly did not know you sent me a PM. The first I knew of it was when you publicly posted as above and I checked my PMs about 40 mins ago (23.50 10/11/07). I am a little confused as to why you say so definitively that I HAVE "read it". I do not normally log in in order to read MSE forum posts unless I am making a post myself and even then there is no large alert that displays that a PM is waiting for me..in fact I had a little difficulty in even spotting now that I had a PM waiting.... I am about to read your PM now and I thank you in advance for it and your help so far - just as I thank all who post on this forum (which i have openly stated in a number of my previous posts). I have just now taken a screen snapshot to prove to you that your PM is to this day and time still UNREAD and will be most happy to email it to you or indeed post it on this site if you doubt this...although this is something I would usually find myself doing to defend myself against the likes of TMO and not fellow forum posters.

Once again many thanks to you Brenda and also to everyone else posting here, I greatly appreciate it
ps. NEVER underestimate the kindness of most people (and dont assume the worst)

psarinuk

Hi all

I've received the letter from TMO stating that my 4th cashback claim was unsuccessful due to only top pages of bills sent (itemised bills not sent) in my claim.

TMOP discussed on this forum and sent me a PM and email stating that: itemised section of bills as not required as part of cashback claim.

Their response states:
Hi,

We do not require the itemsied pages of yur bills. The calls you make have no bearing on your cash back claim as we are only refunding the line rental. We will contact the customer service department to ensure all individuals are aware of the exact requirements.

Regards
Forum Query Team

Another fact to note is that so far in my past 3 successful claims for this contract, I've only included the top page of the bill as advised and never had any issues.

I've sent them an email regarding this, lets see what happes.. Tyler Durden UK, I might need you help on how to raise a small courts claim..:)

Cheers....