The Mobile Outlet

kltpzyxm

secsmed wrote: »

Thanks for those of you who cared about my earlier post. As I said I went through most of the messages in this thread, however there are controversial viewpoints here and there in the forum, that’s why I asked. Sorry to bother (if I did). I’ve decided to wait another 8 days to finish LBA time limit. But the thing that FAGUN said (about TMO try to get the judgement set aside ...) worries me a bit, any more comment on that?

TMO have so far not succeeded to get a judgment set aside....

fagun

kltpzyxm wrote: »

TMO have so far not succeeded to get a judgment set aside....

Does anyone have any advice on how to defend an application to set aside judgement?

How long do they have to file the application (Bradford CC says that they have been informed that TMO intend to file an application, but the paperwork has not reached them yet?

If and when the application is filed, should I get it transferred to my local court? How do I go about getting the bailiff costs added to the overall amount due?...

The list of questions goes on, so if anyone can point in the direction of a dummy's guide I'd be grateful (HM Courts information doesn't help very much).

Thanks v much

maplewood2

Piff wrote: »

Not a fun game though, you now have to take time off work to attend court. I understand that the costs you can claim when (if) you win are minimal.

I am quite happy to attend court to pursue the theft of my money by these con artists. It will be well worth it.

JBu_2

Hi all, please please PLEASE can someone give me some solid advice?

My problem (like most in this thread) is that Mobile Outlet paid me my 1st cashback in time, then they accepted the 2nd one but never paid it (i have the email from them accepting it). The issue comes because I sent in the 3rd installment but stupidly lost my proof of postage.

So my question is, if they broke their own T & Cs by not paying me the 2nd installment, can I file an MCOL for the whole lot? Will it matter thatI cant prove that I sent the 3rd? (as by this point they had broken the contract?)

Please someone help as I dont wanna spend money fighting these people just to lose because of a stupid proof of postage (trust me I am kicking myself for misplacing it)

bcgraeme

JBu wrote: »

Hi all, please please PLEASE can someone give me some solid advice?

My problem (like most in this thread) is that Mobile Outlet paid me my 1st cashback in time, then they accepted the 2nd one but never paid it (i have the email from them accepting it). The issue comes because I sent in the 3rd installment but stupidly lost my proof of postage.

So my question is, if they broke their own T & Cs by not paying me the 2nd installment, can I file an MCOL for the whole lot? Will it matter thatI cant prove that I sent the 3rd? (as by this point they had broken the contract?)

Please someone help as I dont wanna spend money fighting these people just to lose because of a stupid proof of postage (trust me I am kicking myself for misplacing it)

It's worth reading this thread - I know it is lengthy but all the answers are contained within.

My understanding would be that because they have failed to pay your 2nd instalment then they have committed a fundamental breach of the contract and you can claim for the whole of the remainder owing. However, first send them a LBA warning them of your intentions and when the time period for that has expired then file an MCOL.

Although you have lost the proof of posting for the 3rd instalment I wouldn't make an issue of it, but continue to send the others as they become due...otherwise MBO might just claim you have not kept to the t&c's.

JBu_2

bcgraeme wrote: »

It's worth reading this thread - I know it is lengthy but all the answers are contained within.

My understanding would be that because they have failed to pay your 2nd instalment then they have committed a fundamental breach of the contract and you can claim for the whole of the remainder owing. However, first send them a LBA warning them of your intentions and when the time period for that has expired then file an MCOL.

Although you have lost the proof of posting for the 3rd instalment I wouldn't make an issue of it, but continue to send the others as they become due...otherwise MBO might just claim you have not kept to the t&c's.

Thanks for that-Ive been trying to get through the whole thread and by page 39 the words mobile, cashback, claim and phone just seem to not make sense anymore.

Ive sent my LBA early last week, the timescale actually elapses today therefore Ill be filing in my claim on Monday (ill giv them a couple of extra days-sometimes you just hope dont you?) . If anyone else can confirm that as long as they breached their contract I can claim for the whole remaining amount Id be very grateful.

Thanks to everyone for their posts, its encouraging to see some people actually getting their money back-makes me wonder if its worth getting a cashback deal-money or stress?:rolleyes:

bcgraeme

I'm not sure which precise postings but there are number of people who have successfully claimed for the whole of the remaining cashbacks on the basis of the fundamental breach of contract...some have even been paid!!!!!!

Come on now....39 -110 is not too bad!

abbica

JBu wrote: »

Hi all, please please PLEASE can someone give me some solid advice?

My problem (like most in this thread) is that Mobile Outlet paid me my 1st cashback in time, then they accepted the 2nd one but never paid it (i have the email from them accepting it). The issue comes because I sent in the 3rd installment but stupidly lost my proof of postage.

So my question is, if they broke their own T & Cs by not paying me the 2nd installment, can I file an MCOL for the whole lot? Will it matter thatI cant prove that I sent the 3rd? (as by this point they had broken the contract?)

Please someone help as I dont wanna spend money fighting these people just to lose because of a stupid proof of postage (trust me I am kicking myself for misplacing it)

Hi, You are in exactly the same boat as me so welcome to the club. i have read most of the pages in this thread and find the information baffling and helpful at the same time. On page 1 there is a very detailed version of how to try and recover your cashback.But as far as I can gather, they have breached their contract by not sending the money in the time stated so don't worry too much about losing your postal receipt. I wasn't going to bother because of the stress of it all but I think I will at least send of a Letter Before Action and a Money Claims Online application. I have 2 contracts and am owed about £800. I sent off my 2nd bills which they received in August and acknowledged, but I have never received any money. Good luck.

maplewood2

abbica wrote: »

........ I wasn't going to bother because of the stress of it all but I think I will at least send of a Letter Before Action and a Money Claims Online application. I have 2 contracts and am owed about £800. I sent off my 2nd bills which they received in August and acknowledged, but I have never received any money. Good luck.

Dont bother starting a claim if you are not 100% going to follow it through - you may as well give up now. simply 'at least' filing MCOL is only the start .... you will have to 'at least' get to the baliffs stage.
Your other alternative if you are owed so much is to go to their offices at bradford football club and demand a cheque - but be prepared to camp out or go back next day; day after; day after that. These con merchants wont 'just pay you' if you simply file an MCOL.
Someone had posted the names of the company directors on here not long ago - those names need to be spread around a little.

maplewood2

Ah yes - here we are:
{Edited by Forum Team}

These are the con merchants who are stealing your money and lying to the authorities and blatantly breaching oath of truth to Her Majesty's Court Service.