The Mobile Outlet

The_Mobile_Insider

It depends on what they're saying as their defence??

if you have proof that it was received within their terms then they'll no doubt settle out of court right before the hearing as it doesn't sound too promising that they'll win!!

rothers798

I have not recieved their defence yet.

I can prove that they recieved it on the 19th day so why would they even enter a defence? I don't understand!!

The_Mobile_Insider

Im only second guessing as i don't know what their defence is, but they'll look at any of their terms to see if you've not adherered..for example what mobile retailers do when a claim is received on time, they get a claims assessor to go through a checklist of the terms, i.e has the bill been paid on time?, are payments up to date?, has the direct debit been cancelled?, has the insurance been cancelled? etc... so any such breach of terms could be their defence... but like i say its difficult to advise without knowing what they're putting up as an axcuse not to pay you.

rothers798

in the letter that they sent to me they just stated that they had not recieved the 11th bill within the 21 days specified. Surely that is the only defence that they can now come up with, even though they are wrong??

thesaint

rothers798 wrote: »

in the letter that they sent to me they just stated that they had not recieved the 11th bill within the 21 days specified. Surely that is the only defence that they can now come up with, even though they are wrong??

rothers798,
This is a normal thing for companies do to avoid paying cashback, a certain percentage of customers will give up and forsake their money for an 'Easy life'.
The other day I heard that the Mobile Outlet had stopped doing this, but old habits die hard.

My bet is that one of two things will happen.
1. They will do a "Tyler durden UK" and miracuously realise that they made a mistake in invalidating your cashback.
or
2. They won't turn up to court, and you will win by default.

If they falsely claim that your claim is invalid, you can claim the entire remaining cashback for the entire year in one fell swoop, so my money(Un-paid cashback) is on option 1.

Tyler_Du

thesaint wrote: »

Tyler,
I don't fully understand your situation, so take my advice with this in mind.
They are no longer in breach of contract(In my opinion).

They rejected my first cashback claim because I didn't send the dispatch note. The terms I received did not say to send in a dispatch note. I wrote giving them 10 days to respond / make payment, they did neither within this timescale. I started my action and received payment of the cashback a month after my first letter to them.
At the least I'd like to recover my court costs, are you saying that you don't think this will happen. TMO have not written or contacted me at all, the only contact is from their defense in which they dispute the amount I have claimed.

I'm concerned now that it might not be worth taking this further if I'm not going to recover my court costs

tappet_rattle

I finally got a reply from TMO today, after giving them 3 days to respond or I would be taking court action(they replied on the second day) They have promised to fast track my final claim and pay me within 3 days. This is after they received my claim 0n the 30th April and took 4 weeks to acknowledge the fact after being pressed on the matter(again). I'm not going to bother with any more correspondence if the money is not paid into my bank in 3 days I will go down the scc route. I'm sick of being given the run around by this company:mad:

thesaint

You can get your court fee's back.
Write to them requesting them back. As long as they paid your cashback after they were served you are entitled to them.

Call your local county court for more information, they won't advise on specific cases, but will have encountered your dilemma many times before, and can give you options of where to go next.

Tyler_Du

thesaint wrote: »

You can get your court fee's back.
Write to them requesting them back. As long as they paid your cashback after they were served you are entitled to them.

Do you mean I can get my court costs back from TMO or from the court itself ?

dasvictim

PLEASE HELP!!!
Due to an error on the part of the mobile outlet I was denied my1st cashback claim after 4 months.
This was due to my failure to include the "welcome note" in my first claim. My terms and conditions do not state this anywhere at all!! The relevant section is 11.5 I believe and unfortunately my Terms and Conditions only go up to 11.3.....
Essentially the rules have changed since my deal was started and in the 1st 4 months they have changed the terms.
I posted a cover letter with all the relevant paperwork including their own Terms (with appropriate section highlit) so they can see for themselves where they have gone wrong. I was told this was the only way I could appeal against this daft decision and I would receive a reply within 28 days... Its now been 32 days and still no reply...
After waiting for 25 mins on their customer service line I was told that it is because of short staffing in the claims dept, no I cannot speak to anyone its by letter only.... I will be replied to in the next few days I have been assured!
I dont know what else I can do!!!
The Mobile Outlet are incorrectly witholding my cashback and have overun on their own deadlines!!
If the Mobile Outlet agent who monitors these posts is out there please can you reply and let me know what the hold up is??
Order Number: 18199218
Customer Number: 42523
Regards,

DasVictim