The Mobile Outlet

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maplewood2 wrote: »

Same happened to me last week - read back a couple pf pages. TMO will say they sent a cheque to you ages ago - and quote the cheque #. They will probably also say they heard nothing from you since, trying to put you off taking it further. I have rejected the TMO defence.

Yes, I had read that post.
It would be interesting if all of the people who had experienced this "phenomenon" were to share their details, which could possibly be used as evidence in court hearings.....I wonder how the "phenomenon" could be explained???

fatboyonadiet

Cheers, the letter I sent with my fifth and final claim was also a LBA, what are the fees if there is a hearing and how likely is it that there will be one?

DrSteph

Hi,
I am about to begin legal proceedings against TMO regarding unpaid claims, and want to ask if there are any previous claimants from Scotland on this thread, as I am unsure whether I should be using MCOL (since TMO are based in England) or a Scottish Courts Small Claims Summons (since I live in Scotland). Any Scots gone after these guys yet?

Another question was regarding multiple claimants - can my wife and I make a single claim, or must we execute our claims separately?

Cheers,
DrS

mira

fatboyonadiet wrote: »

Cheers, the letter I sent with my fifth and final claim was also a LBA, what are the fees if there is a hearing and how likely is it that there will be one?

In the link below you will find the hearing fees

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm#section7

mira

DrSteph wrote: »

Another question was regarding multiple claimants - can my wife and I make a single claim, or must we execute our claims separately?

Each contract should have its own seperate claim.

emil_ge

danjen123 wrote: »

Hi Rajbinder, I will be visiting their office on Thursday too to get my money. But I may get there earlier than you as I am only travelling from Manchester. How many buddies are going with you? I was thinking if you could get there any earlier, we can meet up and challenge these scammers together. The more people we have, the stronger our chances in scaring them and getting our hard earned cash back. But from the forums here, I see a few people have managed to collect the cheques in the afternoon after visiting them in the morning. so if we go in the afternoon, they may ask us to go back the next day so I am going to get there as early as I can. Can anybody tell me what time they are open? Thanks.

Hi, I will also visit their Bradford office in the early morning on Friday 1/3/08 and wiil try to be there around 9:30 am. Will anyone else go on that day? Danjen123, will you able to make it on the next day instead? Anyway, good luck to Rajbinder and else. Could you guys also update the result after your visit? Many thanks. :beer:

mira

I also found out that one of my friends has been informed by the Bailiff that her judgement been struck out by TMO pretending they haven't received any paperwork too. She has also applied for a warrant two weeks ago.

But in her case, if the only way now is to proceed for a hearing, how will TMO want to defend themselves? because she is claiming for her 4th and 5th cashback of a contract that has terminated months ago and she has got emails of cashback acceptance from them for these stages.

As her case may not be compared with other cases (where a claimant would want to claim the whole remaining cashback amount even when they haven't yet sent their claims to TMO) Can she provide now the evidence to the court for TMO acceptance emails of stages 4 to 5 so that she can convince the court that there is no need for a hearing and let the Bailiff continue their job in acquiring the cheques?

---

An update on my above question: She have just phoned enforcement, they said that she can only state in the paperwork that she will receive shortly regarding struck out judgement, that she is an individual and cannot travel to Bradford County court. So that the case will be transfered to her local county court.

So TMO, if you are reading this, don't waste your time and other peoples time, we have all it takes to win it. WE WILL NOT GIVE UP WHATEVER IT TAKES.

maplewood2

mira wrote: »

TMO lied recently to the Bailiffs claiming they have sent a cheque to my sis last week which they didn't send........
.... they are pretending they haven't received the paperwork for the judgement and therefore used this excuse to struck out the Judgement

They will lie and cheat all the way through - this is where the law is failing the consumer.... How is it possible in 2008 in the United Kingdom for these con merchants to get away with this, over and over and over again? The UK Law is a joke. We should have the right to bring a class action against these perpetrators of fraud - the directors of the company - and hold them acccountable for being responsible for the continuous fraudulent activities they are operating. The evidence is all here.

Aliboon

Hi, I got this as a message-I've highlighted the bits the judge said would mean you would win the case.


"I have just taken TMO to the small claims court and won my case against them. The judge has given them 14 days to pay then apparently I can send the baliffs in. He did give me some very good advice though which, I hope that you will relay to this forum due to me not yet having full access to the site.

He stated that when ever you make a claim you must provide proof that they received the bills. This can easily be done if you send them by recorded delivery.

My advice is that you all consider your chances of winning i.e. proof that they have indeed received your cashback claims at the correct times and take them to court.

It costs £30 for a chance to win which when you consider how much you are going to loose if you do nothing, is a small amount to pay. Also it sends a message out to other unscruple mobile retailers that the public will not just sit there and be cheated out of what is rightfully theirs."

Otherwise, am I right in thinking that if you win the case, they are liable to any court fees, baliff costs, interest owed etc-charging them for my time might be going a bit far, but is it possible to do that to really turn the screw on them and make it worth their while to just pay up?

Aliboon

Hi, I got this as a message-I've highlighted the bits the judge said would mean you would win the case.


"I have just taken TMO to the small claims court and won my case against them. The judge has given them 14 days to pay then apparently I can send the baliffs in. He did give me some very good advice though which, I hope that you will relay to this forum due to me not yet having full access to the site.

He stated that when ever you make a claim you must provide proof that they received the bills. This can easily be done if you send them by recorded delivery.

My advice is that you all consider your chances of winning i.e. proof that they have indeed received your cashback claims at the correct times and take them to court.

It costs £30 for a chance to win which when you consider how much you are going to loose if you do nothing, is a small amount to pay. Also it sends a message out to other unscruple mobile retailers that the public will not just sit there and be cheated out of what is rightfully theirs."

Otherwise, am I right in thinking that if you win the case, they are liable to any court fees, baliff costs, interest owed etc-charging them for my time might be going a bit far, but is it possible to do that to really turn the screw on them and make it worth their while to just pay up?