The Mobile Outlet

thesaint

Nice one dima_b.

Did the Mobile Outlet show up?

What were you awarded?

dima_b

No, they didn't show up.
However, they did file some defence, so the claim was heard in court.
I was awarded everything I asked for: 367.50 in line rentals and 50.00 court fees.

aamir03

I received an email y'day confirming that TMO have processed my 2nd stage cashback by BACS & i should receive it within 3 or 4 working days. I sent my month 11 bill in mid April and the month 12 bill in mid May so they are about a month late. Fingers crossed the payment will clear & i'll let you know if any problems.

don9999

A few days after sending them an E-mail telling them that I had filed a claim, I received an E-mail saying that they were paying my cashback.

I wrote back to say they also owed me court fees and interest.

On the day the Official Notice of Claim was delivered to them, a lady called me to check that I had received the cashback (I had not since it would likely take several days). I insisted that they also paid me the court fees and interest.

She was a very stroppy lady, and would not accept the fact that they were outside their own T&Cs andwere paying me weeks after the 28 day deadline, and only after I sent them multiple E-mails (each without any reply). She even kept stating that she was 'doing me a favour' by making my payment.

All they had to do was pay me on time! I might even have given them some leeway if they had written to me saying they were delayed (although possibly not as they would not accept such an excuse from us!)

Anyway....assuming they HAVE paid me, AND will pay the court fees as she said she would, I will be fully paid up for that contract! Hoorah.

Still have another one with them. No worries. I'm confident that I will continue to fulfill all their T&Cs and have no fear of going the Small Claim's route if necessary.

I'd like to encourage everyone to stay calm, and be confident that you WILL get paid, through the Court Claim if necessary, so long as you fulfill all their T&Cs.

Cheers,
Don

Tyler_Du

My second claims are now a week overdue (past the 28 days). I have sent a couple of emails chasing this up but have only had auto responses, including the one stating the delay is down to server issues (what a joke). I haven't even had any contact confirming they have received my claims, they were sent Spec Del and confirmed as being delivered. What is my best course of action ? Email them again ? Phone or write, or just send another 'Letter Of Action' ?

Quentin

Have you already sent a Letter Before Action?

If so, as soon as the period you gave them to pay up has expired (7 days?), then proceed with the issue of the summons.

Otherwise, send them the Letter, give them 7 days to pay up, and if it is ignored then issue a summons.

Claim all the money they owe you (not just the overdue money), stating in your claim that their breach of the contract in not paying you is a "fundamental" one.

coolio_2

Well, they received 10th June my 1st cashback claim so I will be sending them a letter before action. I'm guessing some people are claiming all cashback (incl future claims) because by not honouring the first, you don't qualify for future ones?

Has anyone successfully claimed future cashback from them?

Quentin

The reason you should claim all cashback due is because the contract only concerns the claiming and paying of the money. So any breach of this is a "fundamental" breach.

If you don't claim properly, then they don't pay you.

But when you do claim properly and they don't pay you, then the contract has been fundamentally breached, and no longer applies.

If you issue a summons, and include in the particulars that their contract breach is a fundamental one, then providing you have stuck to the conditions and made a proper claim they have no defence, and you will win judgement against them.

blueblazer

dima_b wrote: »

I just wanted to let everyone know, I am a very happy man today.
I have taken MO to Small Claims Court and won today.
(I feel I won’t be able to that without help of this forum!!!)
To cut a long story short, they rejected my claim in August last year on the basis of “received outside of 21 days”.
However, I stand vindicated and the District Judge totally agreed with me on this one:
it doesn’t matter when they actually receive it as long as it is posted within 21 days.
So, if you feel in any way MO strayed from they own T&C - do take them to court and don’t let them get away with it.

Well done ! I've had a similar problem. They rejected my claim today as they say it was 22 days rather than 21 days as they counted from the actual date of the bill rather than the following day. Your case seems pretty similar to mine. Obviously I would have posted it within 21 days. Any advice on here or by PM would be much apperciated.

Tyler_Du

Quentin wrote: »

Have you already sent a Letter Before Action?

Not for this claim (No 2) , I had problems with claim No 1 and have a current action against them regarding that one.