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  • Quentin
    Quentin Posts: 40,405 Forumite
    Normally you'd return it to the retailer as it's their responsibility to fix.

    But if you do that it might get seized by the bailiff!

    Seriously, take this up with the manufacturer, don't return it to tmo for repair etc under under any circumstances.
  • kltpzyxm
    kltpzyxm Posts: 391 Forumite
    Matrixson,
    If you read the thread you will discover that replies from those addresses (apart from the automated excuses) are as common as rocky-horse-cack...
    Read the thread to find out just how helpful TMO are.....
  • PJB
    PJB Posts: 1,365 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Have been reading through thread since last post regarding applying for enforcement.

    Has anyone succesfully enforced judgment and been paid (more imporantly!).

    Also i thought that TMO was now linked to CPW, via Vanilla Mobile. Would be grateful if anyone could advise regarding this as there seems to be a suggestion TMO may be going under.

    Lastly they are not offering any decent CB deals, surely they would want to get as many people to sign up before they went under.

    I will of course update with any result!
  • PJB
    PJB Posts: 1,365 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Quentin wrote: »
    Travel costs to the court plus loss of earnings (max for this is usually just £50).

    These are not part of the original claim. You ask for these on the day of the court hearing (after you have won - if you lose, then the defendant claims expenses off you).

    (All in the thread along with lots of advice - read up on it!)


    You can also claim parking, postage, Court fees, Copying fees etc in preparing and serving trial bundles/claim.
  • BAILSTA
    BAILSTA Posts: 44 Forumite
    Hiya,

    Just an update on my MCOL for the 2nd cashback. Spoke to a very nice lady at Bradford Courts Bailiff department, for an update on the warrant that was issued on the 16/1/08, and she informed me that she took my claim along with many others to TMO today and that she was assured my cheque for the full claim amount of £144 was to be sent out today, and to call her when I receive it and it clears. Some silver lining on this very big cloud maybe :T ? Will keep you guys posted. Just waiting for the 14 days to elapse for my other MCOL claim for the remaining 3 cashbacks now before starting judgement.
  • James212
    James212 Posts: 62 Forumite
    What I have yet to see is someone who has sucessfully got their money back by using the Bailiffs after their MCOL.

    Hi,

    I instructed the bailiffs very soon (less than 1 week) after I received judgement in my favour via MCOL, and I got a cheque for the majority owed to me (£200+) within two weeks of applying for the warrant. (I did have to chase for two months after this for the £55 warrant cost.) I think applying for the warrant was definitely a major factor in getting a cheque out of TMO in less than two weeks, I doubt I would've got this otherwise. However, this was mid-August last year. I've been following this thread since, and am still of the opinion that I'd take a similar course of action now, unless I was reasonably certain that TMO have, or are about to, go bankrupt.

    James
  • James212
    James212 Posts: 62 Forumite
    PJB wrote: »
    Lastly they are not offering any decent CB deals, surely they would want to get as many people to sign up before they went under.

    Hi,

    I accept the point you are making in that a failing company is unlikely to worry about now about commitments 6 months down the line. Perhaps TMO's future is secure? :)

    I happened to read recently on one of the numerous mobile phone deal comparision websites, that the classic "12 month contract with 12 month cashback" deals are no longer being offered by retailers - which is a shame for me as I've been 'dining out' on this type of deal for 3 contracts now. My current contract is up in June, but I still hope to get a decent deal e.g. 9 months cashback or something, which should be better than pay-as-you-go or a standard contract.

    I'm not surprised these deals are being phased out as they're not really sustainable, are they? Unless customers either fail to comply with their cashback T&Cs fair and square, or the customer's cashback claim is rejected either on a technicality, or badly worded clauses in the T&C, and they subsequently accept the rejection as valid and don't persue the company. Either way, the customer is invariably left feeling cheated (unless they were really not bothered about the cashback in the first place.) Those of us who take on these deals, and know exactly what we are getting ourselves into, eventually get our cashback, even if we need to persue the company in question via MCOL.

    James
  • James212
    James212 Posts: 62 Forumite
    BAILSTA wrote: »
    Just an update on my MCOL for the 2nd cashback. Spoke to a very nice lady at Bradford Courts Bailiff department, for an update on the warrant that was issued on the 16/1/08, and she informed me that she took my claim along with many others to TMO today and that she was assured my cheque for the full claim amount of £144 was to be sent out today, and to call her when I receive it and it clears.

    Hi,

    Yes, I think I spoke to the nice lady at Bradford County Court several times as well last autumn - was very helpful, although didn't sound like what I was expecting a bailiff to sound like :)

    One thing that I remember was that when they (the bailiffs) collect the money from the defendant (e.g. by cheque), they then pay this into their bank account (the Court's perhaps?) and wait 1 week for this to clear. Then, assuming this does clear, a cheque is generated from the Court to the claimant. This is why I had to wait a couple of weeks after the bailiff visted TMO before I actually received a cheque myself (but at least I knew the money was clearing with the bailiff, and when you get the cheque from the court, you know that it's not going to bounce).

    James
  • Hi all, new to these forums but so useful so thanks to everyone for posting. I was wondering if anyone would make a couple of things clear for me. I received my 1st and 2nd cashbacks in time and with no need to chase up. I received the email saying that my 3rd cashback had been successful but this was in October. Its been almost 3 months and no sign of the money. I also sent another claim in December and there hasnt been any email confirmation of receipt. Ive emailed incessantly and even sent a LBA, but my problem is that Ive only got the emails and a couple of Royal Mail proof of postage (Special Delivery) slips-is this enough to pursue a claim? and if so, could I claim for the remainder of the cashbacks? I refuse to keep spending money sending them claims by Special Delivery when theyre just ignoring them! Any tips welcome-thanks!
  • BAILSTA
    BAILSTA Posts: 44 Forumite
    James212 wrote: »
    Hi,

    Yes, I think I spoke to the nice lady at Bradford County Court several times as well last autumn - was very helpful, although didn't sound like what I was expecting a bailiff to sound like :)

    One thing that I remember was that when they (the bailiffs) collect the money from the defendant (e.g. by cheque), they then pay this into their bank account (the Court's perhaps?) and wait 1 week for this to clear. Then, assuming this does clear, a cheque is generated from the Court to the claimant. This is why I had to wait a couple of weeks after the bailiff visted TMO before I actually received a cheque myself (but at least I knew the money was clearing with the bailiff, and when you get the cheque from the court, you know that it's not going to bounce).

    James

    She sounded like she went armed with numerous claims too. The way that she explained to me was that TMO are sending me the cheque, and that I should call her either way to let her know whether I did get the cheque so that she can close the file, or that I never got it and she would have to go back. I did say to her when she gave me the cheque number and that they'd post it, oh they've said this to me before, but she sounds pretty sure they would send it. I will only believe it for real when the money is in my account!:wink:
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