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Sorry, I do remember now.
You do need to proceed with your claim, as if you let it lapse you will lose the court fees you already paid, apart from this opportunity they have given you to claim the full amount due as a result of their breach of the contract.0 -
It's only my first claim, into 'this' contract. They didn't pay after 8 weeks so I made a court claim for the FULL contract amount. Since they have made a first payment of £96, I will deduct that from the full amount that they owe me.
I'm not planning to chase them through the courts for every payment. So I'm going to claim the full lot now, in one go.
Don
That's interesting, does anyone else have experience of going down this route midway through your contract? Will it stand up in court if it gets that far since at the time of writing they're not actually breaching their contract in terms of paying you for claims 2-5 as you're not eligible to claim it yet?
not sure if that makes sense :rolleyes:0 -
Glad to find you lot here!
I have just got home to find a letter printed on a bit of scrap paper telling me that I will not be getting anymore of my cashback as I have not sent in the correct bills, unbelievable as I have sent in exactly the same information each time I have made a claim but this time it is not satifactory.
I will be faxing a letter before action tomorrow to recover the rest of my money if that does not work I will be putting a claim through the courts, these people can not be allowed to get away with this.
It is nice to know that I am not the only one who has been played here and I will keep you informed of how I get on with recovering my money.
Think I will also contact Watchdog as one of the previous members mentioned
Good luck to everyone trying to get your money, keep us updated as to how you get on.
Bear0 -
Just a quick update on my original story of yesterday. Not sure if someone from TMO mustve read this as today I got the elusive email saying my 3rd cashback claim WAS successful, and to allow the 28 days plus the "delay" of 14 working days,that has no reason on the email as to WHY !! I am not holding my breath though seeing as i've still not received my 2nd cashback from an acceptance of the 6th September 2007 !!! 75 days by my calculations. i was told yesterday that it will take 10 days for a bacs payment, so i sent an email to all 4 addresses stating that I would be sending a LBA if i've not received the cash by Friday, i will draft this up in the meantime as i'm 99.9999% certain i wont be getting the cashback by then !! Does a BACS payment take this long. In addition to the above when i first called on the 5th Novemeber i was told i was getting a bacs payment within 10 days, then when that never turned up i rang back and was told that their bacs system has been down (man they have more Gremlins than Steven Spielberg) and that i would be getting a cheque, now thats not turned up we're back to the BACS payment!!!
Bailsta0 -
Thanks for all this useful advice
Unfortunately I do not have the T&C as it was on the back of the 1st claim i sent in
If anyone has a copy of T&C for OCt 06 I would much appreciate them
However I received my first 3 claims from them only sending in the top part of the bill
For last 2 claims they are reneging on this technicality
I sent the remaining part of the bill to them within the 60 days they now quote on their website but they then sent me a very official letter saying lots of things but basically my claim is void so stop bothering us!
I would like to get copy of the OCt 06 T&C if I can but intend to take them all the way on this if necessary0 -
That's interesting, does anyone else have experience of going down this route midway through your contract? Will it stand up in court if it gets that far since at the time of writing they're not actually breaching their contract in terms of paying you for claims 2-5 as you're not eligible to claim it yet?
not sure if that makes sense :rolleyes:
I understand what you're saying, but I believe I've read that some people have been successful along this route.
The fact is that per their own T&Cs they say they will pay within 28 days of receipt of the required documents. But they do not comply - citing various excuses and delays upon delays in paying up.
On the other hand, if WE are a single day late, for ANY reason, they say we must forfeit the whole of the cashback!
'I' believe these are very unfair conditions, and am willing to test it through the courts.
I'm assuming the worse case, is that I don't get the full payment.
Cheers,
DonThere are 10 types of people in the world. Those who understand binary, and those who don't!0 -
There is a much more straightforward case, which doesn't involve arguing the terms are unfair.
By not paying you on time they have committed a fundamental breach of your contract.
It is for this reason you can terminate the contract and sue for the full value.0 -
Hi all,
I seem to have a different problem to the usual array of TMO problems, which is that my girlfriend did not receive the vouchers which you have to send back in order to make your claim.
The T&Cs seem a bit confusing on this, as with my contract from September sometime, it quite clearly says that they come in the post, but current T&Cs suggest that they come by email.
My girlfriend ordered her phone on the 20th October (approx). Does anyone have any advice about how to proceed with this, as obviously there is not a rush in the sense that it is a long time before the first thing needs to be sent, but as with most things with TMO it seems like it can take a long time to get what you want.
Are they in breach of contract by not having sent you the vouchers? Although how can you prove they didn't send them and you didn't just lose them etc etc? Also knowing whether they should be by post or email would be much appreciated.
Also, while I am at it, which is the policy for if you have your number changed? Do you have to send them a bill with your original number on?
Sorry for all the questions and thanks for all the help.
Rob Quill0 -
is it true that mob outlet are about to fold?
I thought i would check Mobile Outlet on Companies House, as I am about to file a claim with Money Claim Online. Their records claims their status is Active - Proposal to Strike off and the Nature of Business is 9999 - Dormant Company. This doesn't sound good. Does anyone know what this actually means?0 -
Damn..
I am owed two cashbacks by these guys..
The first they said they would payout in 5 days after 3rd October but I have had nothing.
The second, I have still not received the automated confirmation of it being received.
I have e-mailed all four of their e-mail addresses, which includes forumqueries, to demand answers!
I hope they don't follow Phoneboxdirect into adminstration!!0
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