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  • GunJack
    GunJack Posts: 11,845 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    despatchdave - if they break their side of the contract, i.e. don't pay on time, they have comitted a "fundamental breach" of the contract, so you can sue for the full amount owed.
    ......Gettin' There, Wherever There is......

    I have a dodgy "i" key, so ignore spelling errors due to "i" issues, ...I blame Apple :D
  • sec79
    sec79 Posts: 351 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    jonwin wrote: »
    Hello.

    I was interested to know more about sec79s and anyone elses experiences on calling at MO offices in Bradford.
    They've stalled on paying out on my last 3 cashbacks and before I'm forced to go down the MCOL route, I thought I'd go and visit them as I'm fortunate to live not too far away in S. Yorks.

    Anyone who did go:
    At what stage did you go to call at their offices - late payment / after court case / instead of debt collectors etc?
    Was this arranged beforehand or did you call cold?
    Did they take much persuasion and how willing were they to deal with you?
    What sort of leverage did you use on them or did they try anything evasive?

    Any other tips or advice no matter how small would be much appreciated.

    Once I've been I'll report back and let you know how it all went.

    Cheers, Jon

    I went after sending them a letter before action, and as a last resort before having to go down the legal action route. I just turned up, and explained a lot of my cashbacks were owed, and I'd come to collect them. I handed over the paperwork, and he came back 10 minutes later with cheques for the amount I was owed so far, about £600. I was polite in my request, as they're more likely to be receptive to you then.
  • Miles16v
    Miles16v Posts: 191 Forumite
    I've just found this thread and also have outstanding cash back claims due.

    They confirmed my first claim, saying they'll pay in due course. Now not heard anything about my second claim.

    They've stopped replying to my emails.

    I've read a bit of this thread, but reading through it all is a bit too much, so if anyone would care to paraphrase or tell me what to do, then it would be great!:beer:
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Miles, your course of action is quite nicely paraphrased in the first page of this thread. That (and perhaps the most recent few pages) is really the best place for information.
  • I've just spent 20 min reading last few pages of forum and it all sounds very bleak and nothing positive. I read new people writing there woes but it all seems so much hazzle to chase up BUT KEEP IT UP! Get these rip off merchants and as I have said on a previous note 'if I lived anywhere near Bradford' I would take a few pals and ******. These con artist and thieves neat to be stopped and I take my hats of to all you guys chasing them up... I hate to say it though that I have had it and will simply be writing of my owed cash backs of £330 and putting it down to a bad experience! As they say there is no such thing as a free lunch and the offer WAS to good to be true!! Good bye and thanks for peoples help and advice over past few months... life is too short!
  • Quentin wrote: »
    The major network operators may have signed it, but no chance TMO will have done so.

    And no chance it will!

    The resellers (TMO, in this case) are contractually obliged by the operators to do the things outlined in the code of practice, and if they fail to then it is essentially the network operators problem and they are responsible for making TMO sort it out, and if they say "Oh, well, we have stopped dealing with them" which seems the sort of thing they might say as it looks like they have, then you can say "But they never should have had terms like this in the first place" blah blah.

    I will be pointing this out to O2, and also at the same time sending off my cashback claims as normal. Well, without vouchers because TMO never sent them and I have made every effort (i.e. written to them requesting they send them, to which they didn't reply) to get them. Apparently if it came to a court case, no court would ever say that I should have done more to get the vouchers. Obviously I will include a covering note stating this when I send the cashback claim to them.

    By the way, all of the above was advice from the nice guy at Trading Standards who I went to see again today. They also said they'd be willing to help with MCOL etc if it came to that, which it almost inevitably will.

    Rob
  • mira
    mira Posts: 193 Forumite
    I want to know from the people who managed to visit them and got a cheque directly whether TMO staff has asked them to confirm identity before they hand out the cheque as I'm thinking of hiring someone to get the cheque for my partner as he is 3 hours and 47 minutes away from their address.

    A long trip that is nearly 8 hours driving (2 way). Not just a costly trip but a tiring one.

    I got this idea, because imagine travelling this distance to find their doors closed or any excuse they give you for not being able to pay on the spot. Someone who lives in the area can get there easily and will definately get paid for this service ;) I may be dreaming but don't know how reasonable this idea is.
  • hopefully someone who is 6'5" tall and 18 stone of solid muscle!!!!
  • Quentin
    Quentin Posts: 40,405 Forumite
    rob_quill wrote: »
    The resellers (TMO, in this case) are contractually obliged by the operators to do the things outlined in the code of practice

    The animal we are dealing with here is "contractually obliged" to pay out the cashbacks.

    And gets ordered by the court to pay out via ccjs.

    But takes no notice.

    That code of practice is small beer to TMO in the ignoring of obligations scene.
  • Hi All,

    Looking for some help, new to posting on here so apologies in advance.

    I am coming to the end of my contract with Vodafone which I got through the Mobile Outlet. Needless to say, like SO many others I am waiting for cashback from them. I got a 100% cashback deal when I took the contract out. So far I've had two payments of £84 and that's it. I've been waiting since September for one and also December. What is the best way of tackling this? Small Claims court? I've been reading other threads where people refer to MCOL but I don't know what that is??? :confused:

    I've phoned and got someone twice now but they fob me off saying they've refered it to the 'cashback' team. I've emailed the cashback team and customer service team and just recieve 'auto reponses'. Any suggestions what next.

    Thanks for any advice.

    Justine
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