The Mobile Outlet

kltpzyxm

Quentin,
I asked you the following question in an earlier page

does the LBA have to be delivered to the defendant?

do you know the answer to this please?

Quentin

Do you mean why send a LBA?

The courts do not like it if they are merely used as debt collectors before claimants have attempted to settle the matter using other means of chasing for your money.

Also defendant's can try and get out of paying court fees by sending off payments as soon as a summons arrives, pretending that they are "surprised" to learn court action has been commenced against them.

So the LBA covers both these scenarios - by giving the defendant a last chance to pay up before the matter is progressed to a court case, and by showing that the defendant has been warned that legal action is about to be commenced.

Quentin

presta35 wrote: »

Yes but which ts +cs do I stick to. The ones they sent me with the PO BOX 259 address or the ones on their website now with the 3/4 Riverdale House address?

Please Someone on here MUST know where I need to send the Cashback claim to?!?!

You stick to "your" ts + cs. (ie the ones you agreed to at the time of the transaction.)

You cannot be expected to do any other.

kltpzyxm

Quentin wrote: »

Do you mean why send a LBA?

The courts do not like it if they are merely used as debt collectors before claimants have attempted to settle the matter using other means of chasing for your money.

Also defendant's can try and get out of paying court fees by sending off payments as soon as a summons arrives, pretending that they are "surprised" to learn court action has been commenced against them.

So the LBA covers both these scenarios - by giving the defendant a last chance to pay up before the matter is progressed to a court case, and by showing that the defendant has been warned that legal action is about to be commenced.

Hi, no
I've sent the LBA, what if it gets "lost" and the defendant doesn't receive it?

Quentin

You did your bit by sending it.

MCOL rely on ordinary mail for serving summonses.

You should keep a copy, and mention sending it in your initial MCOL particulars. ("the Defendant was informed about me taking this court action in a letter before action dated xxxxxxx")

compmad1

kltpzyxm wrote: »

Hi, no
I've sent the LBA, what if it gets "lost" and the defendant doesn't receive it?

Sorry, I've been reading up and down the threads and can't spot what an LBA is. I'm thinking of taking these to the small claims court. My husband and I have both had contract phones from them and we are not getting our cash back. I want to give them warning as it may work. Thanks.

GunJack

LBA - Letter Before Action. Effectively, "I've done my bit (sending all the right stuff in on time), you've failed to do yours (pay the correct cashback on time), so if you don't pay up in (7, 14, whatever) days I'm going to start Small Claims Court proceedings on you, and I'm going to claim ALL outstanding cashback for the rest of the contract AND my court fees".

...in a nutshell.....:D


p.s. Hiya k, quentin and the rest of the gang :hello:

rose101_2

I took out a 12 month contract in Dec 2006, my first two claims were paid without too much trouble. My third claim was accepted at the beginning of September 2007, but despite numerous letters, phone calls and emails I have received nothing further. I even have emails from their staff stating 'Your claim will be paid in 3-5 working days.' Then was told I had been sent a cheque which mysteriously never arrived. I am now starting court proceedings to reclaim the £216 they owe me. I am very angry that they are causing me this much time and effort to get what is rightfully mine. I have kept copies of every bill, letter and proof of delivery so they wont have a leg to stand on should this get to court.

This company are truly the lowest of the low and are making their money through dishonest means - by rejecting as many claims as they can, forcing people to call their 0845 number to chase their payments, and by withholding peoples' money for as long as possible, while they earn interest on it. I downloaded their latest accounts from Companies House - they show well over £1million in their bank account!!! They are earning interest on our money every day and should not get away with this. I would urge everyone going through the courts to include interest in their claims - calculated from 21 days after their receipt of the documents for each cash back claim. It will not be very much but if everyone does it then they will have to pay out more. Also report them to Trading Standards, the more people that do this perhaps some action will be taken against them.

Does anyone have any other ideas of action to take against these people?
Phew I feel better now just for having a rant!

Tip - I am taking out my next contract with E2Save, people I know who have used this company have had no problems whatsoever with their claims.

IRDman

dont bother calling them again as u will just waste more money. i have called a few times via wk and they lie to you. they even try and tell u the line is breaking up (especially if you mention a royal mail reference number to confirm you have sent the invoices in) They did this twice to me. What i do now is ask first if the line is clear and they tell them not to say teh line is breaking up because you know what there tactics are.

rose28454

Just a quick question. I am helping my son to go down the MOCL route for his claim. TMO have defended the claim as they said he was a day late with 1st claim ( due to their mail being re-directed.) I am about to send papers back to get a court date. Question is my son lives in London and would not be able to get time off for court and we live in Somerset. Can we get the court hearing in our area and can I go and represent him??