The Mobile Outlet

FflurRoberts

buzzman wrote: »

By looking at the posts on here regarding TMO website, it looks like this company is on the way out.

I was going to go down the MCOL route today but I am thinking this may take a little longer than my following idea and may end up with nothing! My other option was to give them a visit. I have sent in my final claim last week so I am thinking of waiting until the 28 days have elapsed before going over for the full 3 claims they owe me.

What do others think?

If anyone is planning going over around early Feb then a car share/petrol money is an option i'm interested in. I live in Lancashire (close to Preston). PM me if you live this side and are interested.

I'm interested. I live in north Wales but am visiting my in-laws in Preston over the half term school hols in February. My final claim is due to be sent off in a few days - I'm waiting for the bill dated 16th Jan. So the timings would work for me as well.

alnsv1000s

There is plenty of advice on the forum which would apply to you.

Read through some of the threads relating to E2 save, Phones2u direct, mobile outlet etc and follow what other people have done.

Kitster

GunJack wrote: »

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.

I have searched through this thread almost twice now..whilst there are a number of posts claiming you can claim the entire 12 months cashback if they fail to pay on one..most of these are people claiming for the 12 months - I have yet to find anyone who has been SUCCESSFUL in claiming for 12 months i.e. court ruled in there favour AND TMO actually paid them the twelve months...maybe i am mistaken but if anyone has found someone on the thread successful in doing this then please poitn me to the relevant thread post..I am sending my LBA today asking for full 12 months as its been 90 days since my first cashabck accepted and no money though yet. also would anyone recommend anything better or faster than MCOL to claim via courts. Many thx for all the excellent info here

JayTay_2

Kitster wrote: »

I have searched through this thread almost twice now..whilst there are a number of posts claiming you can claim the entire 12 months cashback if they fail to pay on one..most of these are people claiming for the 12 months - I have yet to find anyone who has been SUCCESSFUL in claiming for 12 months i.e. court ruled in there favour AND TMO actually paid them the twelve months...maybe i am mistaken but if anyone has found someone on the thread successful in doing this then please poitn me to the relevant thread post.

I suspect some people may have been successful but haven't reported back to the thread.

morganb

I'm in a similar position to the OP and yes there is a lot of information on the forum about the Mobile Outlet (etc.) but it is in one massive thread and it is difficult to work out which of the many pieces of advice offered is the "best" way to tackle getting the cashback from TMO. (i.e. some people have claimed against The Mobile Outlet, others against their parent company "trading as The Mobile Outlet" etc', and the address to state on the MCOL [what does MCOL stand for?] claim is not clear)

Like the OP could someone please post a definative step-by-step guide to getting "lost" cashback, or if this already exists can someone post a linky to it.

Many thanks in advance on behalf of myself, the OP and the many others who have been ripped of by mobile phone companies.

Quentin

Kitster wrote: »

I have searched through this thread almost twice now..whilst there are a number of posts claiming you can claim the entire 12 months cashback if they fail to pay on one..most of these are people claiming for the 12 months - I have yet to find anyone who has been SUCCESSFUL in claiming for 12 months

In that case you can't have read properly.

TMO rarely defend summonses, so people have won actions by default (after claiming the whole amount due), and reported back.

Two hearings where the full amount was awarded come to mind - those of Tyler Durden UK.

All the advice on how to do this is in the thread - but you don't have to heed it!

Kitster

Quentin wrote: »

In that case you can't have read properly.

TMO rarely defend summonses, so people have won actions by default (after claiming the whole amount due), and reported back.

Two hearings where the full amount was awarded come to mind - those of Tyler Durden UK.

All the advice on how to do this is in the thread - but you don't have to heed it!

The last posting by Tyler Durden says the following "... I fully intend on getting all the money they owe me." There is no mention of success at recouping the entire amount from TMO though. Does anyone actually have the full amount in their bank account?

Kitster

Here is my (rather involved) LBA..wanted it to be water-tight..any comments or suggestions before I post this afternoon. Thx!!

16th January 2008

FAO: ‘The Mobile Outlet’
and/or ‘Mobile Matters UK Ltd’ trading as ‘The Mobile Outlet’

LETTER BEFORE ACTION DUE TO FAILED CASHBACK PAYMENTS

Customer No. xxxx
Order Number: xxxxxxxx

Dear Sir /Madam

I took out a cashback offer with your company on 20/7/7 for a T-mobile 12 month contract in which I would pay £42.50 a month and be offered the full 12 months rental cashback redemption in 5 instalments as per your terms and conditions i.e. totalling 12x£42.50 = £520 for the whole year. My order and customer numbers are as above.

On 21st November 2007 you emailed me to confirm my first cashback had been accepted, as I had correctly returned the appropriate paperwork, but that your payment to me would be delayed for 45 days (i.e. not within 28 days of receipt of my paperwork as stated in your terms and conditions) – this was in fundamental breach of your own terms and conditions of which I enclose a copy. Despite this, in good faith I allowed the set amount of time for payment and still heard nothing. Today on the 16th January 2008 it has now been 56 days since you accepted my cashback claim. I also sent a stamped addressed envelope and stated explicitly that it was to be used to return my original paperwork sent to you (bills, despatch note and terms and conditions) – again this is something that you have not done, although I have kept a photopcopy of all of this. As this is a fundamental breach of your contract and I have allowed more than your stated delayed time for payment I wish to inform you of the following:

If I do not receive the correct cashback within the next ten days of this letter being sent to you i.e. 26th January 2008, I will have no alternative but to issue proceedings through the courts without further notice.

If it is necessary for me to pursue this course of action, please note that I intend to claim for full refunds, as you have breached our contract, as stated in your terms and conditions binding at the time of purchase, together with the court fees as well as compensation for my time, late payment interest, photocopying and postage costs.

I believe that it is fair to ask for the full amount owed because as per your own stipulations if I would have been a single day late in sending cashback claims to yourselves then your terms state that I would lose my claim for all 12 months – it is only right that these rules apply both ways without the need for me to threaten court action for each subsequent cashback claim.

This letter has been emailed to you today on 16th January 2008 at the following addresses: [EMAIL="sales@themobileoutlet.co.uk"]sales@themobileoutlet.co.uk[/EMAIL], [EMAIL="customerservices@themobileoutlet.co.uk"]customerservices@themobileoutlet.co.uk[/EMAIL], [EMAIL="cashback@themobileoutlet.co.uk"]cashback@themobileoutlet.co.uk[/EMAIL], [EMAIL="forumenquiries@themobileoutlet.co.uk"]forumenquiries@themobileoutlet.co.uk[/EMAIL]. It has also been sent by royal mail special delivery today on the 16th January 2008 to your address as stated on your despatch note and website as below:

The Mobile Outlet
3/4 Riverdale House
Dockfield Road
Shipley
BD17 7AD

This letter has also been sent via Royal Mail Special Delivery today on the 16th January 2008 to the address below which I understand may be your alternative trading address:

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

Please keep me informed of your decision by post. I look forward to hearing from you

Yours faithfully
xxxxxxx
PS In my postal copy of this letter I enclose the following for your information:

Copy of my despatch note
Copy of my terms and conditions
Copy of your email accepting cashback claim

Quentin

Kitster wrote: »

The last posting by Tyler Durden says the following "... I fully intend on getting all the money they owe me." There is no mention of success at recouping the entire amount from TMO though. Does anyone actually have the full amount in their bank account?

You weren't advised that Tyler Durden UK had actually got the money - but that he had won judgement for the full amounts owed under the contracts (not just instalments claimed) in two actual hearings.

Again, if you have read the thread as you say you have you will know that getting judgement isn't followed by their compliance with the courts instructions to pay out.

(Though James212 reported getting paid eventually after winning a MCOL, and getting a warrant to get the bailiff involved.)

MCOL warn that the courts cannot guarantee that the money will be paid even when you win a case, and to take that into account before embarking on the expense of a MCOL, (which may involve the issue fee, hearing fee and application for warrant fee), as this could be lost along with the money already owed.

JayTay_2

Kitster wrote: »

Here is my (rather involved) LBA..wanted it to be water-tight..any comments or suggestions before I post this afternoon. Thx!!

Crikey, that is involved! To be honest I wouldn't go to that much trouble were I you (obviously you've already done so now of course). My letter was a one paragraph affair containing the following points:

• It's been x days since my cashback should have been paid
• You've broken the T&Cs and thus the contract
• If I don't receive payment from you in 10 days I'll commence legal proceedings.

I think that covers all that needs to be said.

I intend to go for the whole 12 month's worth of payments but there's no point in telling them that, it'll all be in the summons.