The Mobile Outlet

jeppy

woodie100 wrote: »

Managed to get my claim through to MCOL today (pm) but when I printed the page that MCOL recommends, I noticed that the claimant is me but Im also listed myself as the defendant as well :mad: :mad: :mad:

Can you guys PLEASE tell me if this will affect my claim in any form as it took me so long to get it through that I must have made a typing mistake. I will contact MCOL helpdesk tomorrow to check but surely this wont mess it all up for me will it

Woodie100

OMG having read this I checked my claim and I stupidly typed in the claimants details as Mobile Outlet!!!

I had wrongly assumed that having registered and then logging in the site would automatically know I was the claimant!!

I did wonder why they had asked me for the details of the defendant twice, but had assumed that the original info had been cancelled as I had to sort something out in the middle of making the claim (kids!!!)

busby1969

Well I filed a case against these jokers before christmas, after numerous phone calls and emails, they agreed that i was entitled to the cash back but there was the famous 'delay' ...........so to day i received a copy of there 'defence' today.
Which was that they did send a cheque to me, they sent a photocopy of the cheque dated 2nd Dec 07, which of course i never received (cos they never sent it !!!!) I mean WHY would they have a copy of a cheque they sent to me a month ago.

So MCOL is down so i dont know if judgment has been passed and whether or not to expect any more rubbish from these.......and i wanted to know if i won the case because i wanted to get my court charges back.

I also will never ever enter into any thing with these jokers again...............:mad:

jeppy

sec79 wrote: »

Hi,

I'm starting to claim against The Mobile Outlet on MCOL, does anyone know if the company is a plc, llp or ltd? I've looked on the website and on paperwork I have received from them but it does not say what type of firm it is.
Thanks
Sara

Dont ask the people on this website what type of a firm they are!!!!

I am sure we have some great names for them!! Shame we cant publish them!!!

woodie100

Quentin wrote: »

You need to ring them first thing to cancel the claim - they will refund you by cheque. If you ring after 10.00 it will be too late.

Then start again.

Thanks for that, I'm sure that I have read somewhere on here that as soon as you can you should ask MCOL for 'Judgement' Not entirely sure how/why I have to do this but hey if you guys say so then I will:money:

Thanks for the advice Quentin, I just hope I can use the same claim bumf as I did for the claim today. I have saved the main text into Word but it took me ages to get it to 'Fit':mad:

Just hope it wont take as long to re file as I dont want these people to go under before I/we all get our money back:mad: :mad:

Cheers

Woodie100

woodie100

jeppy wrote: »

OMG having read this I checked my claim and I stupidly typed in the claimants details as Mobile Outlet!!!

I had wrongly assumed that having registered and then logging in the site would automatically know I was the claimant!!

I did wonder why they had asked me for the details of the defendant twice, but had assumed that the original info had been cancelled as I had to sort something out in the middle of making the claim (kids!!!)

Hopefully you will be able to change this??

Woodie100

buzzman

oxheys wrote: »

Hi, I am curious to know where you are going to send your LBA letter.
I live local to their offices (The Riverdale House, Shipley address) and the bad news is that they left there several months ago.
I know this for sure as I went there personally and spoke to the people who now occupy this address.
If you have a new address please let me know as they owe me two payments from last year and all payments for my current deal. All in all, I'm seven hundred pound out of pocket!
Sadly we are not alone, the people at the office said I was the 3rd caller that day looking for them.

Interesting post, I think I read (many pages ago) that they moved because of a flood. I was under the impression that nobody had moved back in.

Their new address is on page 87 post # 1729

Let us know how you get on!

kltpzyxm

sec79 wrote: »

Hi,

I'm starting to claim against The Mobile Outlet on MCOL, does anyone know if the company is a plc, llp or ltd? I've looked on the website and on paperwork I have received from them but it does not say what type of firm it is.
Thanks
Sara

The company you are claiming against is
MOBILE MATTERS (UK) LTD Trading as The Mobile Outlet
UNIT 6 BANTAMS BUSINESS PARK
VALLEY PARADE
BRADFORD
WEST YORKSHIRE BD8 7DY
Company No. 04787711

HTH

kltpzyxm

oxheys wrote: »

Hi, I am curious to know where you are going to send your LBA letter.
I live local to their offices (The Riverdale House, Shipley address) and the bad news is that they left there several months ago.
I know this for sure as I went there personally and spoke to the people who now occupy this address.
If you have a new address please let me know as they owe me two payments from last year and all payments for my current deal. All in all, I'm seven hundred pound out of pocket!
Sadly we are not alone, the people at the office said I was the 3rd caller that day looking for them.

I sent my LBA to

The Mobile Outlet,
3/4 Riverdale House
Dockfield Road
Shipley
BD17 7AD
[FONT=&quot][/FONT]
and

MOBILE MATTERS (UK) LTD
UNIT 6 BANTAMS BUSINESS PARK
VALLEY PARADE
BRADFORD
WEST YORKSHIRE BD8 7DY

and a copy via email

HTH

dannydandan_2

Made a claim on HMCS tonight. Will keep posted.

Go to www.companieshouse.gov.uk/info to track the ever changing MOB OUT address. As a LTD company they have to by law update any changes to thier details. Hope this helps.

Plus read below. This is the advice that I have followed. May be of some use. Note; the address for Mobile Matters has changed.

The Company with which you are dealing.

The Mobile Outlet Ltd. Is a dormant company.

It was incorporated on 8 August 2005 and its company number is 05530409.

It is registered at an address in Bristol and further details can be found at: http://wck2.companieshouse.gov.uk


If you purchase a ‘phone from “The Mobile Outlet”, the company with which you will be dealing is Mobile Matters (U.K.) Ltd. which trades as “The Mobile Outlet”.

Mobile Matters (U.K.) Ltd. is registered at the following address:

{Edited by Forum Team}

It was incorporated on 4 June 2005 and its company number is 04787711.

Its last accounts were made up to 30 June 2005.
Its last return was made up to 4 June 2006.
Its next return was due on 30 April but has not been filed and is officially listed today (6 June 2007) as being overdue.
Its next return is due on 2 July 2007.

Its directors are:{Edited by Forum Team}


Mobile Matters (U.K.) Ltd. actually trades from the following address:

3-4 Riverdale House,
Dockfield Road,
Shipley,
West Yorkshire.
BD17 7AD

Tel: 0870 199 9333
Fax: 0870 199 1222

That is the address to which all correspondence (including cashback claims) should be sent.

If you want to avoid paying for an expensive 0870 call and enriching the company while you wait in its telephone queue, conventional numbers for it can be found here: http://www.saynoto0870.com/search.php

Alternatively, you can route the 0870 number through a cheaper service that can be found here: http://callchecker.moneysavingexpert.com/ukcallchecker/


The email address normally quoted by The Mobile Outlet is: [EMAIL="customerservice@themobileoutlet.co.uk"]customerservice@themobileoutlet.co.uk[/EMAIL]

Users of this site have usually found, however, that quicker results are obtained from: [EMAIL="forumqueries@themobileoutlet.co.uk"]forumqueries@themobileoutlet.co.uk[/EMAIL]

It is perhaps best to use both.



Tempted?

As any poker player will tell you, there IS such a thing as a free lunch, and a good one at that - but only because one of the players will have to pick up the bill at the end of the meal and walk away from the table.

This guide is intended to help you ensure that it will be The Mobile Outlet and not you!

Read this first: it's a cautionary Press Release from the Citizens Advice Bureau.

http://www.citizensadvice.org.uk/ind...s_20070206.htm

The Mobile Outlet offers exceptionally good deals on mobile 'phones. It's been in business for a number of years and most people, so far, have received their cashbacks, sooner or later, if they've complied with its Terms & Conditions.

That said, some of them have had to use Money Claims Online (a County Court Procedure - see below) to get their money.

Be in no doubt that The Mobile Outlet plays hardball. It enforces its Terms & Conditions to the day and to the letter. It uses the money it makes by doing this - from the failed cashback claims that result from it - to pay for the very deals that appeal to you (and, cynics would say, to fund the court costs it incurs from not paying people when it is supposed to). If you don't comply, exactly and provably, with its Terms & Conditions you will not get your cashback. So, if you are tempted to go for what The Mobile Outlet is offering, be sure your game is up to it before you enter the contract!

The bottom line is that if you like a deal being offered by The Mobile Outlet and could, in the worst case scenario, afford to pay the line rental involved if you don’t receive your cashback, then, by one means or the other, using patience or the courts (or a combination of both), you should be able to extract your money from TMO - unless, for any reason, it should go out of business before you do. (And that can happen to companies of any size.)

It is for you, alone, having read this guide, to decide whether or not the upside outweighs the downside for you and to act accordingly.


(The following is an amalgamation of a number of postings made in the previous threads.)



Before you Buy.

In considering whether or not to contract to one of these deals, and, if so, which one to choose, it is very important to take into account what would happen if for any reason - be it an overlooked claim, a postal dispute or the collapse of the company - you fail to obtain your cashback.

When confronted with a number of deals that all apparently cost nothing, the appealing logic is to go for the one offering the most free airtime as well. But if you have committed to an expensive line rental and you don’t get the cashback, will you be able to afford the monthly bills from the network when they arrive? Because the network will pursue you for them whether you get your cashback or not.

The other thing to consider is that although TMO pays its cashbacks in five equal instalments - not that this is made clear anywhere, they just do it - these instalments do not come after five equal periods of time. With 28 days to process each claim after it’s been submitted, you’ll get paid at months 5, 8, 10, 12 & 13. And they are usually paid late. This means that at every stage until you eventually receive your final cashback there will be a substantial shortfall between the line rental payments you have made and the cashbacks you have received. This difference you will have to fund yourself.

(The following was posted by Cobra on Thread II)

BEFORE buying a 'phone from any online retailer IT IS VITALLY IMPORTANT to READ THE TERMS & CONDITIONS of the contract. These will normally be posted on the retailer's own website. IT IS ESSENTIAL that you understand EXACTLY what will be required of you in order for you to claim your cashbacks successfully: make ONE error at any stage and you will lose the lot.

In particular, before buying your 'phone, you need to work out in advance the dates upon which you will have to file your cashback claims over the entire year. Take into account things like Christmas (including the delays in the postal system that this causes) and when you are likely to be away on holidays.

It is better to postpone the purchase of your 'phone by a month than to lose your cashbacks because you hadn't noticed that you would be required to file a claim in the middle of your summer holiday and can't!


Six points about filing your cashback claims.


1. The Terms & Conditions which apply to your contract with your retailer are those that were in force on the day you did the deal - these may not necessarily be the same as those that are posted on the retailer's website some months later when you come to submit your cashback claim. It is thus vital to store a copy of those original T&Cs and abide by them.


2. You need to make a photocopy of (both sides of) your Despatch Note before you send it back with your first claim. Otherwise, if any dispute arises over your claim and you have sent the original back, you're stuffed. It usually has your Terms & Conditions printed on its reverse side, too. (So, why do you think they ask you to send it back? Think about it.)


3. Use Royal Mail Special Delivery and take out the Consequential Loss Insurance.

The following was posted on another website but since it was done so by a Royal Mail employee with the intention of helping all those who read it I will take the liberty of quoting it here:

"Working for a certain mail carrier that I do, I should advise you that if you want to send your claim by Recorded Delivery, it won't cover you for loss, delay, or not being signed for or with "Denial of receipt". Recorded is only put on the database when the item is delivered, not from Addressee to Recipient. Only Special Delivery does that.

If you want to be absolutely sure, you should post by Special Delivery and in the worse case scenario pay for Consequential loss insurance. That would ensure that if the cash back is £60 you still get back in the region of £54 minus postage, just be 100% Guaranteed of getting your money back if the item doesn't arrive or isn't signed for.

Hope that makes sense.

Ps You can get a copy of signature from the www.royalmail.com website - See what you made me do? You made me give away who I work for! lol."


4. Your first cashback claim is worth several hundred pounds to you. Royal Mail Special Delivery covers you for the value of the package up to £500. But, unless you do take out Consequential Loss Insurance, if your cashback claim goes astray, what you will receive from Royal Mail when you make a claim is simply the replacement cost of a dozen sheets of A4 paper - in other words, less than £1.


5. Special Delivery may cost a (very) little more but that includes the fee for providing you with a copy of who signed for it. If and when you need to obtain this - say for the purposes of a Small Claims Court action - and have used Recorded Delivery, you have to pay for it. This undermines the economics of using Recorded Delivery instead of Special Delivery.


6. The Mobile Outlet itself has advised you to use Special Delivery. If you ignore this advice and use Recorded instead, they've covered themselves and you're out on a limb.



Getting your cashback paid.

(The following is an amalgamation of a number of postings made on the previous threads.)

There was some confused speculation towards the end of Thread II that what you are entitled to, after submitting your cashback correctly, is an email within 28 days, followed by payment within 28 days of that email - 56 days in all.

That is totally incorrect. What you’re entitled to is your cashback itself within 28 days of submitting your claim. Since at least last July, TMO’s Terms & Conditions have stated quite baldly (if a little ungrammatically): “Once we are receipt (sic) of your original documentation, please allow 28 days for delivery of cheques.” And that is how courts read it, too.

http://www.themobileoutlet.co.uk/Inf....asp?txtMode=8

Moreover, when TMO fails to pay valid claims within 28 days it sends out emails apologising for the payment being late. So, even TMO concedes it is supposed to deliver payment within 28 days.

If your payment fails to arrive within 28 days of you submitting your claim validly, TMO is in breach of its contract with you and you are entitled to pursue the debt through the courts (see below for how to do that). The costs of doing so are added to your claim and will have to be paid by TMO if and when you win your case.

Such a claim, if filed through MCOL (see below), would, if it were to be defended by the retailer, be listed for hearing at your own local County Court and TMO’s costs would not, under normal circumstances, be payable by you. You may speculate as to the likelihood of whether TMO would, therefore, go to the expense of defending it and the degree to which this is affected by whether you live in Bradford or Penzance.

That said, it’s wiser to see if a friendly approach can succeed first before wading straight into TMO with a writ on the 29th day after you have submitted your claim. A chasing email to TMO’s “Forum Team” (address above) has frequently produced payment quite quickly, as you will see if you soldier through the postings on the previous two threads.

The court, furthermore (and if it comes to that), will expect to see some evidence that you have tried to obtain payment by conventional means before resorting to litigation.

One final point to bear in mind is that (because failure with any one cashback claim to TMO results in you forfeiting your entire cashback entitlement) if TMO wrongly rejects one of your claims - as opposed to admitting that it was valid, apologising for late payment and not suggesting that you have lost your entitlement to further cashback - you are entitled to seek from the Small Claims Court the whole of your remaining cashback (on the grounds that TMO has wrongfully repudiated your valid contract.)

How you decide to proceed if TMO fails to pay you your cashback instalment within 28 days of you filing a valid claim for it is entirely up to you.

Your options are either to try and cajole your cashback out of TMO by being patient or to go the heavy route through the courts. If you decide to do the latter, Alec2006 filed a very helpful posting, herefollowing, on how to do that.

A factor for you to consider, in the later stages of your contract, is the frequency with which you will have to be submitting your further cashback claims to TMO and the lead time involved in commencing legal proceedings.

Before commencing any litigation it is wise to obtain qualified and reliable legal advice from a solicitor, Trading Standards, your local County Court or the Citizens Advice Bureau.

Here are some useful links:

http://www.lawsociety.org.uk/choosin...asolicitor.law

http://www.tradingstandards.gov.uk/c.../consumers.cfm

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

http://www.citizensadvice.org.uk/index/getadvice.htm



Obtaining your cashback through Money Claims Online.

(The following was originally posted by Alec2006. It has only been amended to make it a little easier to read on the page.)

Alec’s Step-by-Step Guide to Claiming Successfully through Money Claims Online

1) Make sure you have a legitimate claim for cashback.

(i.e. that you complied with the Terms & Conditions in force at the time you took out your contract - not any subsequent revisions).


2) Make sure you have made reasonable attempts to contact the company requesting your cashback. This could be by phone, email, forum message etc., but best of all is by letter as it gives you a record. Also note down the dates of any phone or email requests etc you have made.


3) If still no cashback, send (by Recorded Delivery) a Letter Before Action, which simply states that unless you receive your money within a certain timescale (make it 10-14 days), you will issue proceedings in the County Court for the recovery of your claim without further notice.


4) If they still don't respond, I'd like to give them a final chance by email (but give them only a few days).


5) Before you take legal action, check that the company you are suing isn't about to go under (bankruptcy or liquidation).

If you hear nothing, go to http://www.moneyclaim.gov.uk/ and start making your claim.

You (called the claimant) have to create your account and then complete a claim form. You need to know the name and address of the company (the usual trading address will do, rather than that of their registered office).

Write down the particulars of what you are claimimg - a brief run-down of events, like when you bought the phone, when you sent in your cashback claim, how much for, and how they failed to respond after repeated requests.

You put down the amount you are claiming, and a court fee will be added (which you will get back if you win).

You complete your credit or debit card details for the court fees (£30 for a typical cashback claim) and send the claim online, which will be handled by Northampton County Court (a kind of clearing centre for England & Wales).


6) After checking the details, they will serve your claim on the defendant (the company), and they have 14 days to respond.


7) When they get the papers from Northampton, the company can do one of several things:
a) Accept the claim and offer to pay.
b) Accept only part of the claim.
c) Reject the whole of the claim - called defending the claim.
d) Make a counter claim, saying that it's you who owe them money.
d) Ask for more time (2 more weeks) to respond.
e) Do nothing.


8) After 14 days (plus a few days for postal delays, etc), you will either receive a letter from Northampton about their response or hear nothing.

If the latter, it means they did nothing and you can then ask the court to enter a judgement in default (online). It means the claim stands and they are legally obliged to pay. You then tell them how you want to be paid - full amount now or by instalment. The court will send the papers to the defendant, ordering them to pay.

If they do defend the claim, partly or wholly, or make a counter-claim, the case can no longer be dealt with online and will be transferred to a local court - local to you, if you are suing a company.

Before they do that, you have to respond to their defence in one of several ways:
a) You drop the case.
b) You modify your claim (perhaps they have made a partial payment in the meantime), or
c) you pursue the claim as it stands.

A date will then be set for a hearing at your local county court. You have to turn up on the date and at the time specified.

If they don't turn up, you win by default.

If they do, both sides have to argue their case before a District Judge (usually privately in his chamber) who will decide. It's most unlikely they (or their lawyer) will turn up, as it will cost them a lot of money and solicitor's fees cannot be claimed from you even if they win.


9) If the company doesn’t pay within a week or two, get in touch and tell them, in writing, that, unless they do, you will take enforcement action (i.e. requesting a bailiff to call at their office and ask for payment, and if necessary, seize their property to sell at auction to raise the money). It will cost you ca. £90 in further fees, which will simply be added to your claim.


10) Once you are satisfied that the full payment has been made including court fees (and interest) and relevant cheques have cleared, you inform the court and the case will be closed.

For further details, go to the tutorial section of Money Claim website:beer:

despatchdave

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