The Mobile Outlet

James212

superdon wrote: »

I really dont understand at all? I have been doing these cashbacks for years, and never really had any problems. But I am totally confused now what anyone is recommending I do?

Hi Superdon!

I think what Shelby is saying is that if you read TMO's T&Cs exactly and to the word, how is it possible to show you have been connected for 120 days by just sending in 1 bill? You can't, that's impossible. I think he has also brought up in a previous post that their T&C's also state an exact date i.e. "instalment date 1", and not "on or after instalment date 1" or "on or 28 days following instalment date 1". Therefore, to take the T&Cs literally, they are asking to send the bill to them on one specific day.

I suspect that these T&Cs have been badly worded, possibly to confuse consumers. You (the consumer) shouldn't have to assume, as I have done above, what you think the T&Cs mean. They should be clear and unambiguous. If they are not, then the interpretation that the consumer understands to be correct will stand - this is quoted in a contract regulation somewhere on this thread, so you should be protected.

For what it's worth, I would send in the first bill (singular, but including all itemised pages - unless the T&Cs state otherwise) after you have been connected for 120 days, together with your voucher, and a letter explaining exactly what you have done and that this is what you think the T&Cs have asked you to do.

I think, if you wanted to go on the offensive, you could also include in the letter certain aspects of an LBA i.e. when you expect payment of the cash back (does it state this in the T&Cs?), and a threat that you will take further action if this does not happen. I did exactly this on a letter sent last Monday to another cash back mobile phone company (BuyMobilePhones.net), and by Wednesday I got an e-mail back saying that the claim had been accepted and the cash back would be paid within the timescale I had quoted (again, already stated in the contract's T&Cs). Obviously, this has not been paid yet as the T&C state 45 days (I think), but the fact I got an e-mail so swiftly definitely lends confidence to their customer service, and possibly shows you won't be fobbed off with excuses.

Shelby

superdon wrote: »

I really dont understand at all? I have been doing these cashbacks for years, and never really had any problems. But I am totally confused now what anyone is recommending I do?

You have contracted to abide by Terms & Conditions with which it is impossible for you (or anybody else) to comply in the form these took on 8 August 2007 - the date you bought your ‘phone. You will thus have to comply with the requirements contained in them as best you perceive them to be and rely on the courts to find in your favour - on the grounds that they were unfair and/or ambiguous and/or unreasonable - if your cashback claim(s) are rejected. Be in no doubt that The Mobile Outlet realises this.

Your ‘phone - you have told us - was connected on 11 August 2007.

This means that, for your first claim, you are required to show that you were connected continuously (and paid every bill) during the 120 day period that commenced on 11 August 2007 and will end on Saturday, 8 December 2007. That appears to be the prime obligation incumbent upon you, over-riding the impossible requirement to deliver this proof on Instalment Day itself. You will just have to get this proof to The Mobile Outlet as quickly as a court thinks is reasonable if you wish to enforce your cashback claim.

Firstly, be sure to make a call on 8 December 2007 (which will prove you were connected on that date).

Hopefully, this will show up on your bill dated 11 December 2007. If not, it will appear on your bill dated 11 January 2008.

You will not be able to get to The Mobile Outlet on 8 December 2007 (your Instalment Day) a bill from T-Mobile showing that you were connected on 8 December 2007: this is an impossible condition.

What you need to concentrate on doing is to get to The Mobile Outlet, as soon as you humanly can, whatever bill does show you were connected on 8 December 2007, together with all the previous bills, your voucher and the Despatch Note. These bills, in combination, will show you were connected continuously throughout the 120 day period from 11 August to 8 December 2007.

Photocopy all those bills (and the voucher and the Despatch Note - both sides) and send off the originals (all pages). Include with your application a large, stamped, self-addressed envelope and include in your covering letter (which you should also photocopy) the request that your original bills be returned to you in the SAE.

Staple all the documents together and put the whole lot in a sealed package.

Keep credible proof of exactly what you send to them and the date upon which you mail it. Use Royal Mail Special Delivery and take out, additionally, the Consequential Loss Insurance.

If there is any danger that these bills will not arrive at The Mobile Outlet by Friday, 4 January 2008, fax to The Mobile Outlet a letter explaining why this is so, that it is not your fault and add to this fax, using the copies you kept, the documents required. State that you will get the originals to them as soon as is possible.

An acceptable excuse is that the delay was simply unavoidable by you. The Post Office being on strike throughout the claim period is an acceptable excuse. Being on holiday, for example, is not an acceptable excuse.

That is all that you can reasonably do and should be enough to convince any court to find in your favour if your claim is rejected by The Mobile Outlet.

The Mobile Outlet will - if it remains in business - save itself a huge amount of money by rejecting claims from people who are confused about when and how to submit their claims under these August 2007 T&Cs and who then pursue the matter no further. This will fund your own cashback if you submit it correctly and pursue it doggedly - through the courts if necessary.

You may rest assured that Her Majesty’s Courts are not going to go out of business but never forget that The Mobile Outlet might.

athomick

I think these new T&Cs are designed to give TMO an excuse to refuse every single cashback claim. They have then calculated that either a) the amount of money saved by people giving up outweighs the costs multiple of court actions, or b) it will buy them some time to rake in the lucrative Christmas business before imploding sometime between February and April..........

Furgy_2

Hi, I took a contract out with MO a while ago and received my first of 5 cashback into my bank account fine. For my second lot, I received the email saying I will receive it within 28 days blah blah, but I still haven't got it. I've sent them 2 emails and havent had a reply, and its now time for my THIRD of 5 cashbacks....

I see some of you mention something about sending them an LBA? What is this? Is it worth ringing them up or anything? I noticed a while ago they used to visit these forums and help out but they're not doing that anymore? :eek:

rockrat

Furgy wrote: »

Hi, I took a contract out with MO a while ago and received my first of 5 cashback into my bank account fine. For my second lot, I received the email saying I will receive it within 28 days blah blah, but I still haven't got it. I've sent them 2 emails and havent had a reply, and its now time for my THIRD of 5 cashbacks....

I see some of you mention something about sending them an LBA? What is this? Is it worth ringing them up or anything? I noticed a while ago they used to visit these forums and help out but they're not doing that anymore? :eek:

i too am in exactly the same situation with these guys. one cashback banked, three outstanding.... all claimed to have been recieved.

and i only took these guys offer 'cos i saw they had been on here helping out.
yet another example of shady telecoms deals... i have 2 months to go on contract and then i am outta here.....lol

rose28454

sorry to be a pest but can someone post the link to the website that shows when TMO t & c changed Ta

Bear72

http://web.archive.org/web/*/http://www.themobileoutlet.co.uk/Information.asp?txtMode=8

kltpzyxm

Hi Brenda, GJ et al,
lots of activity on the thread in the last 3 weeks.

I have received cashback 4 payment via bacs, and I have also received confirmation that my cb claim #5 has been received and has been accepted. Just awaiting my final payment now.....

excalibur

Hi all,

I have a contract with these bozo's. Or maybe I should be the Bozo for buying from them :mad: :mad: :mad:

I am in the 10th month of contract and have only received money for the first one.

I have been in contact (although it is only one way - me to them) since october chase cashback two and now I will have to chase them for cashback three, also.

I have contacted OFCOM, consumer direct and even the mobile service provider (T-mobile) for information.

T-mobile said there was nothing they could do, although they did offer a reduce tariff. I am currently on £5/Month nd they offered £10/month but with a reduced allowance. Did not fully understand what the impact of the offer would be with my chasing for the current cashback(s) so I did not take up the offer.

Anyway, I finally received an email from someone in The Mobile Outlet. Not sure which department it was, as I am sending emails to the Cashback, Sales and Customer Serices Departments. I had not been able to get through on their advertised telephone number (0870 1999333) and besides why should I pay them commission for using this number. I used 01274718568, which would be free if you use your call allowance. The email firslty asked me where I got the number from :T :eek: , and then when on to promise that payment would be made within a few days (I am not holding my breath :mad:)

You should call this number and ask to be put through to the Cashback Department. You probably won't get any joy, but you can get some satisfaction that you are causing them some hassle.

E

excalibur

May I also add that should they ask you where you got the above number from to just tell them you forgot:rolleyes: :rolleyes:

E