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  • kltpzyxm
    kltpzyxm Posts: 391 Forumite
    rockrat wrote: »
    update -
    i sent a claim via the MCOL site already mentioned in this thread, and didnt bother with the LBA as it was obvious they weren't responding to any of my e-mails or anyone elses.

    today i received a response both via the court and mobile outlet themselves.
    they claimed that they sent me a cheque covering 2 x claims back in November, and even showed a photocopy of the cheque !!.

    they included a cheque for the outstanding amount, which i hurriedly put in the bank today, so as far as i am concerned i am happy enough.
    i have 2 further claims potentially still to come, but cant be bothered with the hassle, and have instead got t-mobile to reduce my monthly tariff for the last 2 months. the value isnt the same, but the hassle just isnt worth it.

    The "lost in the post cheque" seems to happen quite regularly - see previous occurrences in the thread. Strange that someone would go to the trouble of photocopying a cheque unless they were "expecting" it to be lost in transit...LOL
    But if you are happy with the outcome - thats fine. Did you get the cost of the MCOL claim from TMO ?
  • rockrat
    rockrat Posts: 135 Forumite
    kltpzyxm wrote: »
    Did you get the cost of the MCOL claim from TMO ?
    no, they defended the full claim and refused to pay.
    i cant be bothered with them any more, and this contract is going to expire this month so i am putting it all behind me.

    in the end, a contract that was going to cost me (after cashback) £105 for the year has cost £233.

    i have now got the £6 a month talk mobile contract and will never do cashback again.
  • rockrat wrote: »
    no, they defended the full claim and refused to pay.
    i cant be bothered with them any more, and this contract is going to expire this month so i am putting it all behind me.

    in the end, a contract that was going to cost me (after cashback) £105 for the year has cost £233.

    i have now got the £6 a month talk mobile contract and will never do cashback again.

    Seems a lot of money to me! Why let these con artists get away with it?
    You're almost there.

    Is this the new trend that TMO are attending court (or their lawyers) and defending their case? Did you fail to meet the T&Cs in anyway so that they decided to refuse payment?:confused:

    woodie100
  • Neillgb
    Neillgb Posts: 574 Forumite
    I think I am right in saying that a cheque is valid for six months from date of drawing. Obviously their angle is going to be that you have got the cheque and are going to try and scam them by getting them to pay again and then cash the old cheques that have been 'sent'.

    1. Why can't they cancel the old cheques and issue new ones? They could deduct the bank fee from the amount due if necessary.

    2. If the six months is up then why can't they just issue new cheques?

    3. Why can't they issue post dated cheques 6 months after the ones they have already 'sent'?

    This is all based on the 6 month rule for cheques so sorry if this is incorrect. I know it was 6 months 15 years ago!!

    Neill
  • I wouldnt waste any more money on this company, they have filed a defence for my claim, saying they issued a cheque for cash back 1, and I just never recieved it.......

    They also attached a copy of said cheque.....who copies cheques they send out? no - one I ever heard of. This was a cheque they wrote and ripped up obviously, so there for this company has cost me anthothe 40 for court fees.

    grrrrr
  • Tyler_Du
    Tyler_Du Posts: 712 Forumite
    Just an update for you all regarding my situation with TMO, I took them to court twice last year, they have failed to made the payments that the court ordered them to do and I have now got the baliffs involved to recover that money. In fact I spoke to the balliff a few days ago, she told me it was a bit of a cat and mouse game with this company, but that she always wins in the end. I would advise people to persevere. I fully intend on getting all the money they owe me.
  • mikrt
    mikrt Posts: 225 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I'm in the middle of filing a claim througu MCOL (I realise the site is down, but I'll file now and save it).

    I have decided to claim for the full amount including interest, the MCOL website states

    spacer.gifDo you want to reserve the right to claim interest? Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:
    The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

    My problem is that I don't have a clue what value to enter for the daily rate of interest, can anybody please advise,icon5.gif
    Thanks.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Calculate it on the amount of the claim that is late. You cannot claim interest on any money you are claiming but is not yet overdue.
  • mikrt
    mikrt Posts: 225 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Quentin wrote: »
    Calculate it on the amount of the claim that is late. You cannot claim interest on any money you are claiming but is not yet overdue.
    Thanks for the reply, I'm claiming overdue amount from 28 days after they recieved my 1st cashback bills, which I see as them breaking our contract.(25/10/07).
    What I need for the form is not the amount, but a daily interest rate.
  • Quentin
    Quentin Posts: 40,405 Forumite
    mikrt wrote: »
    I have decided to claim for the full amount including interest, the MCOL website states

    spacer.gifDo you want to reserve the right to claim interest? Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:
    The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year ........................

    Read this quote from your own post :o:o
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