The Mobile Outlet

rose28454

My son was refused his first claim for being so called late. Anyway he has issued a MOCL as he heard nothing else from them when he sent his LBA. Now he has received another letter from them saying his claim has been rejected again. His next claim is due now should he go ahead with this claim anyway regardless of the MOCL?

Shelby

Yes. Continue to submit the claims (on time!).

Submitting the claims is what he contracted to do.

The MCOL action will continue in parallel to this.

Be prepared for The Mobile Outlet to go through all the motions of actively defending the MCOL action, in the hope of frightening you off before it is heard.

In all probability they will throw in the towel on the day of the action but be prepared to go to court if necessary.

rose28454

Thanks
As far as I am concerned they can bring it on. Last year we had an accident in a hire car and they sued us for £7000.00 I fought it all the way and they dropped the action. So TMO dont frighten me¬!!!!

caroline7758

I posted on another thread that companies house has TMO's status as "proposal to strike off". Doesn't sound promising!I've had the same emails as everyone else and have (stupidly) got one deal that's only about 6 weeks in.:mad:

baldrick123

Wow i wasnt expecting this! I know someone may hav had problems similar to this but still appreciate any advice. Im having problems getting money of them , sent my despatch note with bills 1-4, it was all approved but still havent recieved anything after 3 months. Ive rang them up three times nothings been sent. Ringing again tomorrow. I was actually thinking about going down aswell seeing that im at Bradford uni and not too far away from them. Any advice on what i should do?

Quentin

Read the thread and you will find advice on ways to get your money.

don9999

To give other people courage in taking TMO all the way through the courts, I am doing exactly that.

TMO failed to pay the 'first' cashback payment for 6 weeks. They did not reply to any of my correspondence.
I raised a court claim.
2 weeks later, TMO filed a defence stating that they had sent a cheque '4 weeks earlier'.
Funnily enough, a few days later I receive a cheque for £96 back-dated 4 weeks!

Of course, it was only sent by normal post, not by recorded delivery - so they will have no evidence of the date of sending it.
I have read that this is normal practice for them to try and get out of it, by claiming they have sent a cheque out earlier, but then sending a backdated cheque.

Anyway, after cashing the cheque, I am now proceeding with taking TMO to court, and claiming (as I have done from the beginning) the FULL amount of £480 + costs. They have committed a fundamental breach of contract by not paying me within the contracted 28 days. If 'we' were a single day late (for 'any' reason) then they would claim we had lost all entitlement to any cashback.

Of course, I will let everyone know what happens.
I just wanted to reassure people that they SHOULD claim the FULL amount, and not just the single cashback payment. Else you will find yourself raising a claim for each and every cashback payment, and waiting 8 weeks or so for payment in each case!

Cheers,
Don

seagrass_2

They have committed a fundamental breach of contract by not paying me within the contracted 28 days.

Don, when did you take out your contract with them ? Mine is from about six months ago and I can find absolutely nothing in it at all that says they will pay within 28 days, or when they will pay at all. I had the first payment off them but have been waiting for second.

Anybody got the clause/para number ?

buzzman

Hi All,

These questions are intended to all those who have followed the court route.

I would like to know if there is any problem in claiming the full amount. Do TMO just try to pay 'whichever claim is due'. Do you have to accept this or can you follow it through for the full amount?

Do the court accept the fact that TMO have breached their own T's & C's or can they look favourably on them and have you accept the latest claim payment?

In my case I am now on day 52 of claim #3, my claim was accepted but not received payment. I have not gone down the heavy route of submitting a court claim like Don (I thought of giving them every chance to pay). Also TMO have not responded to my email from last week.

Regretfully I am now considering taking out court proceedings for this and the remaining claims, as following up each claim is taking up unnecessary time and effort.

Any advice on this would be appriciated

Quentin

All the answers have been posted in this thread.

Also bear in mind the warnings always given before embarking on any court action about making sure a Defendant will be able to pay you when you win.

If you have stuck to the terms and they haven't paid you, then you are entitled to sue them for the full amount due under the contract, plus interest on the money overdue.

They won't want to pay you anything, and will try and avoid paying you the whole amount in one go. Their ways of dealing with a summons are posted in the thread.