The Mobile Outlet

waddoups

Hi,

I am new to posting on forums so apologies if this is not the right way to raise my query. I have been monitoring this forum for a while as I have a contract with TMO for my son and sent off my first cashback claim on 31st December. Usual story of no response to e-mails/phone calls (although I did get to speak with someone last week who told me they had a system fault which would take weeks to resolve etc. etc.).
My contract states that TMO would e-mail me within 14 working days of receipt so feeling nervous I contacted Royal Mail to obtain a copy of the signature for the paperwork that was sent using their 'Signed For' serviceincluding my £2.20 fee to obtain the signature. I received a letter from Royal Mail this morning stating that the item was delivered on the 8th January, but they are unable to provide a copy of the signature and returning my £2.20!!
Surely if I have contracted Royal Mail for a 'Signed For' service, this is what should be delivered. Would I be able to pursue Royal Mail for consequential loss or am I scuppered because I did not take out any extra insurance at the time? Obviously if TMO now deny having received the paperwork I will be unable to provide any proof.

Many thanks for any advice

Quentin

RM have confirmed the item was delivered in writing to you, so that is enough to show your letter was received.

As they didn't get the signature you should ask them to give you back the recorded delivery fee.

You are lucky - recorded delivery is a waste of money when sending in claims. You need to use special delivery plus consequential loss insurance.

You get no compensation from RM for losing a recorded delivery item in the post, and TMO are able to close your file and not make any payment at all - not just refuse to pay the missing claim.

dancer1234

BAILSTA wrote: »

I arrived in this evening to be greeted by a lovely cheque from the mobile outlet for £144 , which i will copy tomorrow and put in the bank, i will let you know whether it clears. Just to let everyone know on my MCOL I input the defendant as The Mobile Outlet, and also with their Shipley address, as everything that had been sent so far and in my terms and conditions was that address. Further to my email received yesterday it was only the acknowledgement that they'd received my documents of 4th claim, yet to receive my second email that used to follow close behind accepting, watch this space !! :beer:

Bailsta - would be really grateful if you could confirm if you went as far as bailiffs to get your money?

You see I input the defendent as the Mobile Outlet also at their Shipley address and the judgement has been granted and I am about to go to bailiffs but after reading this thread I'm wondering if its a waste of time as it should have been Mobile Matters (UK) Ltd t/a The Mobile Outlet which means they could refuse to pay???

Quentin

They have grounds to ignore all legal documents addressed that way.

That is why you have obtained judgement (ie they have ignored the correspondence), which they can legally ignore.

From the MCOL guide to claimants, regarding who to name:

In the case of a registered company or limited liability company or a limited liability partnership, you must enter full name of the company of partnership followed by the appropriate suffix i.e. Ltd, Plc, LLP

caroline7758

Although I was successful in getting my money for one contract back, in my ignorance I took out another contract with TMO in October with Orange. As it will be April before I can even make my first claim, I was wondering whether anyone has had any help from Orange based on the bad rep of TMO alone?

start_to_B_smart

It’s my judgement day today. I went to see MCOL. Now the status has changed to defence entered. I read HMCS website and I understand that I will be sent a copy of the TMO’s defence and an allocation questionnaire to complete and later on go to the hearing. Can anybody tell me that how long do I have to wait before receiving TMO’s dispute and going to the hearing?

Many thanks

Haroldstotle

Good to see some recent successes using MCOL. Would it be possible for you to share what you input into the form so others may learn from your experience, me including. Many thanks in advance.

misterk_2

I have a MCOL case against TMO, I recieved a letter from Bradford Court stating that TMO have asked for the Judgement to be set aside as they didnt recieve any documentation from the courts. Anyway the main issue is the hearing will be based in Bradford I am from the midlands, i understand that as I am an individual the case should be heard in a court nearer to me. Having contacted MCOL they told me to contact Bradford Court, who i contacted and they werent really helpful saying that my case would have to be considered and i would need to write in and the judge would neeed to decide if the case can be transfered to my local court. Is that the same for everyone, do you have to write in to have your court transfered to your local one?

MoneySavingProletarian

Hi, this is my first post but thought I would join in to let you know my story, so far.
Briefly my claim in July was refused. I entered into correspondence with TMO, which was rather one sided. Eventually I had no option but to follow the MCOL route. Unbelievably this was defended with a quite spurious defence. I won the case in November.
Trouble was the court award was not paid. In December I sent in the bailiff to recover my unpaid claims plus the MCOL costs and bailiffs fee.
I am still waiting. Initial responses stated that only junior staff were at the office and there were no goods to cease. When the bailiff eventually spoke to the manager he stated my claim had been paid. This was simply a delaying tactic, as unsurprisingly I had not been!
On 28/01/08 the bailiff went back and still I have not been paid. Apparently I among over 40 claimants, all of whom have been told the bailiffs are on the case, but that they only have limited powers and cannot guarantee payment.
Bradford courts have asked me to be patient and I will let you know what happens.
Who knows if I will ever see my money? I know it has not been a fun experience for me. In order to get this far I have invested my time and even more of my money. The process has made me at various times angry, incredulous, stressed, exhausted and mainly exasperated.
I know others have had more luck with me with thier claims, but really why should any of us be left to fight TMO simply to get what is rightfully ours?

Now_then

Here is a summary of events to date since issuing county court proceedings:

* no defence submitted and so summary judgement applied for
* summary judgement refused as TMO claimed that it did not receive the court docs - delaying???
* hearing, judgement in my favour
* went to the TMO offices at Bantams Business Park with a copy of the judgement asking for my money- payment refused
* bailiffs instructed

On the basis of my experience to date do not waste too much of your time going to their offices; no point in adding 1/2 a day's wages/ holiday entitlement to your lost money.