The Mobile Outlet

pt01

kltpzyxm wrote: »

Hi I have used these 2 as well as the cashback, customer services & forum queries.

[EMAIL="Kershella.james@themobileoutlet.co.uk"]Kershella.james@themobileoutlet.co.uk[/EMAIL]

[EMAIL="Laura.harrison@themobileoutlet.co.uk"]Laura.harrison@themobileoutlet.co.uk[/EMAIL]

HTH

Thanks. I will let you know whether I will get any response from them or not.

kltpzyxm

greengriff wrote: »

Basically TMO are saying I didn't send my dispatch note with my claim, I'm saying I did. The bottom line question I suppose is 'how do I prove I sent it' or alternatively 'how do they prove I didn't' depending on which side of the fence you're looking from?

I have a photocopy of it (the dispatch note) now, but that's all :-(

This has happened to numerous posters - see TMO thread.
If I was you, I would contact them and ask them to re-check your documents, at the same time informing them that you are confident that you could prove in a court of law that you had included your dispatch note. I'm sure you got a friend to witness the fact that you did include the dispatch note......

acemelhaz

hi can anyone give me some advise i am having loads of problems with getting my cashback from mo. here is what happened i sent in my first claim for cashback with my invoice which is what t&c state i ended up getting the first amount about 3 months after , only because i made numerous phone calls and emails , i only sent in the top copy of my bills . then i sent in my 2nd cashback claim i sent it by recorded but for some reason they say they didnt receive it until 4 days after my deadline ?? even though i sent it on time . the second thing they are saying is that i should have sent in all the bill , which i am arguing about also as they accepted my 1st cashback claim on the top copy but wont now on the second ????? they wont listen to what im saying on the phone , just keep saying i have to appeal in writing i tryed looking at terms and conditions on there site but im sure they are different to when i got contract april 2007 and i havent got t&c now as you have to send invoice with them on back on the first claim ,please advice anyone ????

KeithP

Oh dear. You should have taken a copy of everything you sent. How on earth can you keep to the terms an conditions that you have agreed to if you have posted your only copy somewhere else?
If you look back through this thread you will find links to older copies of the T&Cs. The only copy of them that should be of interest to you are those in effect at the time you took out your contract.

Quentin

kltpzyxm wrote: »

If I was you, I would contact them and ask them to re-check your documents, at the same time informing them that you are confident that you could prove in a court of law that you had included your dispatch note. I'm sure you got a friend to winess the fact that you did include the dispatch note......

Your suggestion will make it hard for a judge to decide who is telling the truth.

It seems if your advice is followed, then all 3 in court (the Claimant, his witness and TMO) would be lying about this!

There is no need to invent a witness, and it could have disastrous consequences.

Alltheloginsaretakenappar

My sister's case against TMO was heard earlier this week. She too was a victim of the "missing" despatch note scam. The judge decided in her favour.

The fact that she had kept a copy of the despatch note, had listed it in her cover letter as included in the claim, had a witness (me) and generally came across as intelligent in her claim (in contrast to TMO who can barely spell let alone follow very basic rules of grammar) all probably helped. But also the fact that TMO didn't turn up and had sent the court a letter to inform them but did not send a copy to my sister, so the judge made comment about being as strict with them about proper procedure and necessary documents as they had been with my sister. So she barely had to argue that she did in fact include the despatch note.

However, I was surprised that she was not awarded the entire amount of her claim as I thought others on here had been. The judge decided it was a repudiatory breach and she was to put my sister back in the position she would be in if there had not been a breach, so cashback parts 1 & 2 are to be paid forthwith. But then she went further and ordered the remaining cashbacks to be paid by certain dates without my sister having to send in any further claims. Court costs were also to be paid forthwith and £50 (the maximum) each for loss of earnings.

The judge did raise her eyebrows when I told her that the despatch note was actually the original copy of the T&Cs, so this probably didn't put TMO in a good light either.

So, the posters above with "missing" despatch note/invoices, read all of this thread as I did and you'll be all right (unless they go into liquidation like CNM/PBD!)

seanharrison

Most people's problems on here relate to cashback, but I have had nothing but trouble since I ordered my phone at the end of September. The MO sent two phones when I only ordered one. They wouldn't take the second handset back, saying I had ordered it, so I sent it back anyway. They just kept trying to send it back to me! Whenever I rang them they just said I ordered it and accepted their T&Cs and would have to keep it. I contacted OneCompare, who have been excellent and they confirmed it was not possible to order two phones at the same time. The MO finally admitted via OneCompare that they sent the phone out in error. The MO said I should cancel the direct debits and wait for a final bill, pay it, and that they would pay back to me. Of course, I said that there was no contract between me and the MO or the network so why should I pay. I contacted 02 today and they have said they would not expect me to pay. The MO would rather pay termination fees of £480 than admit to O2 that they have made a mistake. Why would they do this and has anyone else had the same problem?. They are either very stupid or have something to hide. Maybe they do it often and get away with most times. You need a strong will to get things sorted and I remember trying to cancel it they said "it's a very attractive offer, maybe you could give it to a friend or family member". This seemed scripted and as I didn't order it I cancelled the direct debit which would have invalidated the whole cashback claim. Anyone have this happen to them?

kltpzyxm

Quentin wrote: »

Your suggestion will make it hard for a judge to decide who is telling the truth.

It seems if your advice is followed, then all 3 in court (the Claimant, his witness and TMO) would be lying about this!

There is no need to invent a witness, and it could have disastrous consequences.

Hi Quentin,
I wasn't suggesting that anyone told any lies, I was assuming that greengriff had got someone to witness the event, but forgot to state that in his post....sorry if my post implied otherwise.....

bobstheboy

Alltheloginsaretakenappar wrote: »

My sister's case against TMO was heard earlier this week. She too was a victim of the "missing" despatch note scam. The judge decided in her favour.

The fact that she had kept a copy of the despatch note, had listed it in her cover letter as included in the claim, had a witness (me) and generally came across as intelligent in her claim (in contrast to TMO who can barely spell let alone follow very basic rules of grammar) all probably helped. But also the fact that TMO didn't turn up and had sent the court a letter to inform them but did not send a copy to my sister, so the judge made comment about being as strict with them about proper procedure and necessary documents as they had been with my sister. So she barely had to argue that she did in fact include the despatch note.

However, I was surprised that she was not awarded the entire amount of her claim as I thought others on here had been. The judge decided it was a repudiatory breach and she was to put my sister back in the position she would be in if there had not been a breach, so cashback parts 1 & 2 are to be paid forthwith. But then she went further and ordered the remaining cashbacks to be paid by certain dates without my sister having to send in any further claims. Court costs were also to be paid forthwith and £50 (the maximum) each for loss of earnings.

The judge did raise her eyebrows when I told her that the despatch note was actually the original copy of the T&Cs, so this probably didn't put TMO in a good light either.

So, the posters above with "missing" despatch note/invoices, read all of this thread as I did and you'll be all right (unless they go into liquidation like CNM/PBD!)

Makes me feel better that I accepted my 1st cashback and reinstatement of contract from CNM after issuing Moneyclaim summons. Quentin and others always insisted that I, and others should have insisted on all the monies due from future cashbacks. I had always doubted this line of thought but kept my mouth shut under the weight of their insistence and apparent knowledge of contract law.

Bob

Quentin

You suggest that the advice given that anyone who sues after submiting a correct cashback claim (but not getting paid) can ask for the whole amount is incorrect.

You say you "kept your mouth shut" over this advice, but that is not true. You have posted suggestions previously that this is bad advice.

When it was politely pointed out after you accepted an offer (out of court, and before they had attempted to issue a defence) to have your contract reinstated that you could have proceeded with the case for your full claim you argued:

I would have obviously liked the total cash back. You insinuate that I should have stuck to my guns and gone to court. Do you really believe any judge would have given me judgement for the total amount when the defendant has made a reasonable offer and reinstated my contract ? I would have run the considerable risk of losing everything.

You were advised that refusing an offer (which was less than the claim you had paid for) wouldn't have jeopardised your claim.

Subsequently they messed you around again, and you posted that you then wished you had gone for the full amount when you had the chance. Then CNM went bust and you again rued letting them off when you had the chance.

Others have posted on MSE of getting awarded the full amount in court in similar cases.

And despite your suggestion that the courts don't order defendants to pay the total owed under the contract, Alltheloginsaretakenappar's case illustrates that the courts do accept the contract can be cancelled following such breaches plus the judge did award the full amount claimed.

The judge has ordered the Defendant to pay all the future cashbacks due, but in this case has given them time to pay.

It is quite normal for Defendants be given time to pay by the courts.

Note that the contract was cancelled, (repudiated), which means that the Claimant no longer has to worry about downgrading tariff, sending in bills etc etc.

In short, contrary to your insinuation, the advice I (and others) have given regarding claiming the whole amount due, rather than just the late payment, is sound.