The Mobile Outlet

bobstheboy

Yes I did question your reasoning but you insisted you were right, so I stopped posting.

I have no doubt that you advised in good faith and try to help. I believe however that the vast majority of judges would have made judgement similar to that in this latest case and a solicitor friend agrees.

I will not continue to post on this matter.

Bob

Quentin

bobstheboy wrote: »

I believe however that the vast majority of judges would have made judgement similar to that in this latest case

But in this case the judgement was in favour of the claimant - the contract was cancelled, and the defendant ordered to pay the whole amount outstanding to the claimant - though given time to pay.

So irrespective of what your solicitor friend says, I, (and the others that have posted this advice) are proved right by the judgement in this case.

Are you sure you have not misread the report of the case from Alltheloginsaretakenappar?

Neillgb

OK.

My story is that i was with CNM/PBD. They went bust owing me 3 cash bask instalments.

I was given one of the numerous excuses for my not getting first cashback cheque, I threatened court, they ignored. I issued summons, they delayed by saying they were going to defend. Just before I was in a position to enter judgement against them they paid up and reinstated my claim in full.

Second claim was made, they were late and i could have done LBA and issued summons prior to my receiving chq. Due to postal strike I delayed and, to be fair did get my second chq.

Prior to next cash back due they went bust. Zero dinero for me thereafter!

My reason for boring you with the above is that I was in a position to issue a summons for the full cash back due the day after the first cash back was due. Whether it would have been correct/legal or not to do so I believe I would have got the money. I say this because others did.

On the other hand, with regard to the second cashback, if i had issued at first oppotunity I would have been throwing my money away, they went bust before it would have got to court. They might have stopped the second chq on receipt of LBA and i might have issued summons and wasted my court fee.

So, to sumarise, I wish i had gone for the throat straight away and, if i were with mobile outlet and i had a watertight case, I would be typing up my 7 day LBA tonight and sending it first class recorded in the morning. If they did not reply i would be issuing a summons using MCOL asap.

ForkHandles_2

Hi,

I just thought I'd tell you about my experience with TMO.

I took out a cashback contract in August 06, I received my first cashback via cheque in December, I received the second payment via BACS, I continued to submit my claims and every time received email confirmation from TMO that my cashback claim had been successful, unfortunately no further payment was ever made, after numerous emails I eventually sent them an LBA this was ignored. I decided to use Moneyclaim online to get my money. Today I received a reply from TMO/MCOL, they dispute the full amount of the claim as they say they sent cheques out, one for 2 x payment and one for the third, they have supplied 'photocopies' of the 2 cheques the 'say' they sent, they also go on to say that they will stop the previous 2 cheques and have enclosed a cheque for the outstanding balance but they have not paid my court fee.

The photocopies of the cheques appears a little strange and if I were a little cynical I would think that they have a photocopies of some cheques that they simply write out, photocopy again so it looks genuine then send them as proof.

They say as part of their defence that they cannot take responsibility of any Royal Mail delays or losses and go on to mention the post strike.

I have a few reservations about this whole response;

Do they really photocopy every cheque they send?

They say that they sent a cheque out for 2 x payment and then 1 for the normal amount? Could it be that it may just be slightly believable that 2 cheques didn't arrive but they know the court just wouldn’t believe that 3 cheques went missing.

Has anyone else been sent this sort of response? If so, I would love to hear from you, it would be interesting to find out if our cheque numbers match up :rolleyes: .

This case has now been transferred to a court for continuation.

BR
FH

sec79

Hi
I'm really hoping that some-one can help me as I'm at the end of my tether with these people.
I have 3 contracts with them, and have so far received 2 cashbacks. I am owed another three. I received emails confirming they had accepted the paperback I sent in on 10 October, nearly two months ago. I have sent some other bills in since them as part of the claim back process, and not received email confirmation these have been received yet.

I've rung them more than my mother, to find out when I'll be getting the cheques. The call centre are only able to email the cashback department on your behalf, and cannot answer my query. I have emailed the cashback team and got the usual we will get back to you within three days.

I have asked the call centre to amend my email address 4 times, and no-one has managed to do that yet. They don't understand number when you read them out to you grrr
Does anyone have any advice? I don't see what else I can do.
Thanks a lot
Sara

Quentin

Read this thread and you will find all the advice you need.

excalibur

Update

I gave up trying to contact them by phone or email.

I went to the Consumer Direct wesite and entered my details for advice. The following day I got a call from one their advisors.
He advised me that I could not start proceedings for LBA/court action until I had given them enough warning.

After explaining that I had sent 11 emails to TMO, I was advised that I should write to them direct (prefferably recorded delivery) and give them 14 days to comply of further action would be taken (he could not tell me what the action would be). This fulfils my legal obligation to give them time to comply, and also alolows me to control the situation to my timetable.

So if anyone is thinking of taking legal action you should at least let TMO know (IN WRITING - not emails or telephone calls) of your disappointment and threat of legal action.

I am waiting with baited breath:mad: :mad:

The info for Consume Direct is:
homepage - http://www.consumerdirect.gov.uk/
telephone - 08454040506

E

BAILSTA

ForkHandles wrote: »

Hi,

They say that they sent a cheque out for 2 x payment and then 1 for the normal amount? Could it be that it may just be slightly believable that 2 cheques didn't arrive but they know the court just wouldn’t believe that 3 cheques went missing.


Has anyone else been sent this sort of response? If so, I would love to hear from you, it would be interesting to find out if our cheque numbers match up :rolleyes: .

This case has now been transferred to a court for continuation.

Geezer,
I can't believe how much this story is like mine. I'm stuck on my 2nd cashback, with the 3rd also accepted. They claim they've now sent 2 cheques to me, the first never arrived so they "cancelled" that, and issued another, gave me the reference !! I still haven't seen it the 2nd cheque even though they "sent" it 11 days ago ! Strange that. All the time in between they've been promising a BACS payment too. I issued an LBA which they never replied to, so i've raised a claim thru MCOL (by the way the advice they send out via post when you raise a claim arrived the next day ), and am currently awaiting they're response to it. This has now been going for 94 looooooooonnnnggggg days since they accepted my 2nd cashback !
This company becomes a bigger joke everyday that passes !

Newtonlot

I have just received my claim from Mcol with TMO disputal details.
TMO being the deviants they are have requested a court in Bradford when I am based in Sunderland. It would be extremely costly for me to travel down to the court (probably more than my claim) plus I have two small children to look after.

Would the court allow someone to go in my place as my representative?

As everyone else has said, TMO have put a load of B******t in the disputal. Saying that my 3rd claim which was due in august will be paid by cheque next week. That the t&c's say that they must receive my claim within 21 days when it clearly states in black and white in my t&c's (which I have a copy of) that the claim has to be forwarded within 21 days. And that I have not disputed the claim with them and went straight for court action - funny one this one as I have a copy of the letter I sent to them disputing it and also the origanl reply to my dispute (which is dated prior to the court disputal). I somehow think TMO like to talk out of their rear.

Sorry for the rant. Needed to let it out.
Any help much appreciated.

baldrick123

This is not so much as a problem but does anyone know what i need to send in with my second installment? I sent in the despatch note with the first, now what do i send with the second one if anything?