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  • superdon
    superdon Posts: 317 Forumite
    Part of the Furniture Combo Breaker
    DazzaMc wrote: »
    Just to clarify - my 120 days were up last wed - so do I send the bill I was sent last (a few weeks ago) or the next bill I recieve?

    I just sent my first claim under the same terms as you. I sent in both bills to cover myself. So, the one either side of the "instalment date".
  • kltpzyxm
    kltpzyxm Posts: 391 Forumite
    DazzaMc wrote: »
    anyone?????
    I answered this on the previous page, or did you not understand my reply?
    Does your last bill show you have been connected for a minimum of 120 days?
    If it does, send it...
    If it doesn't, send the next one......
  • I have dealt with the mobile outlet - let me tell you, don't ever order another phone from them again. Let your friends and family know that they are an unreputable company that never keeps their cashback promises. Attif Ashraf - one of their company directors is living it up with our money in his pocket, I have not seen any public apology on TMO website to say he is sorry that cashbacks will not be honored. Also I think his wife is the other director - keeping all the cash in the family. These people are greedy - if I don't see my cashback paid into my account very soon then I will have to contact you personally Mr Attif Ashraf, as I have already done.
  • DazzaMc
    DazzaMc Posts: 811 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    kltpzyxm wrote: »
    I answered this on the previous page, or did you not understand my reply?
    Does your last bill show you have been connected for a minimum of 120 days?
    If it does, send it...
    If it doesn't, send the next one......

    Sorry. I probably didn't explain myself very well - the last bill I received was a few weeks before the 120 days was up, so I'm guessing I have to send the next one.

    Has anyone thought about ringing Watchdog??!?!? Sounds like this situation could do with some publicity to bring it to people's attention.
  • The Money Claim On-line (MCOL) service is unavailable from 18:00 on Wednesday 19th December 2007 until 9:00 a.m. on Monday, 31st December 2007, whilst an upgrade of the application takes place.
    During this time, customers will be unable to access MCOL to issue any process (e.g. issue a claim), file a document (e.g. a defence) or view case records.

    :santa2:

    https://www.moneyclaim.gov.uk/csmco2/index.jsp

    Get your claims in now!!!
  • mira
    mira Posts: 193 Forumite
    today logged in to my sisters account and saw that judgement by default has been rejected.

    This then means that TMO have filed a defence :(

    A message displayed said that the claim can no longer be dealt with online.

    now i want to know, if the next step will require a hearing, when will the hearing most likely take place? next month or before?

    I'm really afraid of one thing: what if TMO goes bust before the hearing. So I would like the hearing to be made as soon as possible. But i'm not sure if the court can schedule it in less than one month?
  • Quentin
    Quentin Posts: 40,405 Forumite
    If it goes to a hearing, then it will be more than a month to the actual hearing - especially as Christmas is on us.

    You will have to let matters take their course now - there's no way to speed up a hearing - first the case has to be transferred to the claimant's local court, then both sides are given time to return paperwork to the court before a date is set.
  • Neillgb
    Neillgb Posts: 574 Forumite
    mira wrote: »
    today logged in to my sisters account and saw that judgement by default has been rejected.

    This then means that TMO have filed a defence :(

    A message displayed said that the claim can no longer be dealt with online.

    now i want to know, if the next step will require a hearing, when will the hearing most likely take place? next month or before?

    I'm really afraid of one thing: what if TMO goes bust before the hearing. So I would like the hearing to be made as soon as possible. But i'm not sure if the court can schedule it in less than one month?
    Off at a bit of a tangent here but when you actually see the defence lodged and if it is blatantly a lie, and you can prove it, you might like to contact TMO and remind them the filing a false 'Statement of Truth' is contempt of court.

    In this event the District Judge would be interested in the identity of the signatory to the defence at the hearing. Not sute where the directors stand regarding vicarious liabilty if the signatory is an employee.

    I did contact MCOL in this regard but i did not have a specific case. Proceedures might be different if you have a specific case and you might be able to do something pre hearing. Not sure on this though.

    Wish the signatory a merry xmas with your email if you decide to contact them!!!!
  • mira
    mira Posts: 193 Forumite
    As we haven't yet received a copy of the defence from the court, i'm not sure whether this copy will normally show what the mobile outlet have included in their defence in order to tell the court that they are lying.

    The claim that my sis has made was for the full remaining cashback due as she still hasn't received her 2nd cashback. She has all the evidence to prove to the court that they have committed a fundamental breach of contract and they are lying. But maybe after getting a copy of defence it will be possible to decide on whether to contact TMO and then the court if the defence copy shows that they are lying (i'm assuming here that the defence copy will contain any details particular to this claim written by the defendant. Is that right? does it usually have a detailed response to the claim)
  • Quentin
    Quentin Posts: 40,405 Forumite
    It is not normally advised for claimants to contact defendants directly during the course of a case.

    It is not for claimants to waste their time advising the defendant on what is or isn't contempt of court. Judges are well aware that not everyone tells the truth in court cases. (Both civil and criminal).

    All contact with the defendant should have been done prior to issuing the summons.

    Now (providing you are sure you have adhered to the conditions) just let the case run its course.

    If the defence contains lies you can state your view to the court.

    If they contact you to make an out of court offer which is less than the amount claimed you can simply ignore it (or accept if you want to, of course).
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