The Mobile Outlet

Tyler_Du

nomorecashback wrote: »

But please let me know if anyone has successfully claimed the full amount on such basis.

I had 2 court actions against TMO earlier this year, in one I was awarded the full cashback amount, in the other I was awarded all outstanding cashbacks and TMO were instructed to pay the remaining cashback within the 28 days timescale. They have not done this and its now in the hands of the ballifs

computerbar

hi again

1- My phone contract has finished but TMO owe me two cash backs i.e. 4th and final £96 each..
the 4th was received by MOL on 12/10/07 and 5th and final Claim was also accepted on 15/11/2007, I have received email conformation for both.

The 4th one is already overdue more than 45 days and I have sent them 3 emails and also to forumqueries but no answers from them yet.


2- Also my wife also have cashback phone from then. she has received 2 claims of £84 each but the third one which was sent on 9/11/07. this time they still have not sent even an acceptance email yet.

what should I do?
Wait and see or you think it is time to initiate the court claim procedure?
if yes which post has the MCOL instruction?

regards

KeithP

computerbar wrote: »

...
and I have sent them 3 emails and also to forumqueries but no answers from them yet.

computerbar, having read previous posts, have you not yet realised that they never (well hardly ever) reply to emails. If they do, its usually "thankyou for your email, we'll get back to you".

Its quite clear to me that you have to be more forceful. Send them an LBA (Letter Before Action) and then be prepared for them to ignore it. Then carry out the action you have described in the LBA.

Read the first page of this thread for more detail.

computerbar

KeithP wrote: »

computerbar, having read previous posts, have you not yet realised that they never (well hardly ever) reply to emails. If they do, its usually "thankyou for your email, we'll get back to you".

Its quite clear to me that you have to be more forceful. Send them an LBA (Letter Before Action) and then be prepared for them to ignore it. Then carry out the action you have described in the LBA.

Read the first page of this thread for more detail.

I have sent them emails now to express my intention to recover money via court. I am going to post the letter tomorrow too. See what happens.

rob_quill

I would advise you to send the letter by Special Delivery, as I sent my letter 1st Class Recorded about 10 days ago and they still haven't arrived. Unfortunately, a letter is not "lost" until it has been in the system for 15 working days.

Whilst it wasn't urgent 10 days ago when I originally sent them, I never expected first class to take so long, and am just going to have to send them again by Special Delivery and hope that Royal Mail will compensate me.

HTH,
Rob

kltpzyxm

rob_quill wrote: »

I would advise you to send the letter by Special Delivery, as I sent my letter 1st Class Recorded about 10 days ago and they still haven't arrived. Unfortunately, a letter is not "lost" until it has been in the system for 15 working days.

Whilst it wasn't urgent 10 days ago when I originally sent them, I never expected first class to take so long, and am just going to have to send them again by Special Delivery and hope that Royal Mail will compensate me.

HTH,
Rob

ALL Claims should be sent Special Delivery....
Don't hold your breath waiting for compensation from Royal Mail.....
AS for "sending them again" via Special Delivery; my T&C state that original bills must be sent....so I'm not sure how that would work?

razeman

Hey guys,

I'm a foreign student in the UK. I'm not familiar with the law here and English is not my first language, therefore when it comes to arguing, I'm always at a disadvantage.

I've 2 contract with The Mobile Outlet. Out of 3 cashbacks I've only received 1 and the other 2 is 2 months due. After viewing what the other users have commented, I've sent in a letter as following as a LBA:-

CLAIMING FOR BREACH OF CONTRACT
Customer number: xxxxx
Order Numbers: xxxxxxx & xxxxx

Dear Sir/Madam,

I refer to previous correspondences, which you received on 3/10/07 (the date when TMO received my cashback claim), concerning order numbers quoted above, to which I have received no payments. I write to advise that I will now proceed to claim the full amount of both my cash back due to breach of contract.

If I do not receive the full amount - xxx pounds within the next seven days, I will have no alternative but to issue proceedings in the county court (does this mean small court claim?) without further notice.

If it is necessary for me to pursue this course of action, please note that I intend to claim for full refunds, as you have breached our contract, as stated in your terms and conditions binding at the time of purchase, together with the court fees. I look forwards to hearing from you within the next seven days.

Please keep me updated on your decision by email as well as post.

Yours faithfully,
xxxxxx. signed and dated.

I did this in writing and then copied another copy in hand. After mailing one of the copies, one thought struck me, how will i get to proof that the content are the same in both copies when it's handwritten. Obviously the court has enough reason that I could alter the content in 1 of them or maybe didnt mail any altogether and simply wrote one to the court, hence TMO could argue that they did not receive such a letter. Do you think this could backfire myself? Should I type it out, scan a copy for myself and send the other to them?

Another thing that I'm not sure of is whether this letter qualifies as LBA. I've actually got no idea what a LBA is and wondered if it should be furnished by a lawyer (I can't afford one though).

Please advice me if there is any flaw in my action thus far and what course of action should I take in future? I aim to gain a full payment and cancellation of contract if possible.

Thank you for listening to all these and I hope to hear from you soon.

razeman.

Quentin

The letter will be fine as a letter before action (lba). You don't need to do any more regarding that (but keep a copy in case it's needed by the court).

If you have 2 separate contracts, and they ignore your letter you will have to issue 2 separate MCOLs - one for each contract.

Visit the MCOL website and read the guide for claimants which takes you right through making a claim:

http://www.hmcourts-service.gov.uk/o...mcol/index.htm

And read through this thread for lots of advice.

rockrat

just done the money claim online, cant keep holding on any longer.
I will keep all upto date with the outcome

does anybody have any idea how long these claims take to full resolution?

computerbar

Originally Posted by rob_quill
I would advise you to send the letter by Special Delivery, as I sent my letter 1st Class Recorded about 10 days ago and they still haven't arrived. Unfortunately, a letter is not "lost" until it has been in the system for 15 working days.

Whilst it wasn't urgent 10 days ago when I originally sent them, I never expected first class to take so long, and am just going to have to send them again by Special Delivery and hope that Royal Mail will compensate me.

HTH,
Rob

kltpzyxm wrote: »

ALL Claims should be sent Special Delivery....
Don't hold your breath waiting for compensation from Royal Mail.....
AS for "sending them again" via Special Delivery; my T&C state that original bills must be sent....so I'm not sure how that would work?

I think he meant LBA letter