The Mobile Outlet

Quentin

If you have yet to issue this summons (claim 1), then you could claim all money owing for the total contract on it, stating that the contract has been breached fundamentally.

If it has already been issued, then treat this latest problem as an entirely separate case, and issue another Letter Before Action. Put in this that unless they pay you within 7 days you will be taking action to obtain all the money due under the contract as a result of their funamental breach.

Then if it is ignored, issue a summons for the money due for claim 2 plus all the money due for any remaining claim (but not claim 1), plus the court fee.

hessian

hessian wrote: »

I've sent in the itemised pages from my last bill '3' mobile bill via recorded delivery today. Will let you know how I get on.

Had not heard anything so emailed them on the 10th July. I have just got this reply....


Hi

We apologise but we are working through a back log of 3/4 weeks post. If we have received your claim, it will be logged by the end of this period and an email will be sent to you as confirmation of receipt.

Kind Regards

The Mobile Outlet
Cash Back Team





Sounds like a fob off ? What should I do ?

thesaint

hessian wrote: »

<snip>
Sounds like a fob off ? What should I do ?

Read the 1st page of this thread, particuarly the one by the Cashback collector.

kltpzyxm

hessian wrote: »

Had not heard anything so emailed them on the 10th July. I have just got this reply....


Hi

We apologise but we are working through a back log of 3/4 weeks post. If we have received your claim, it will be logged by the end of this period and an email will be sent to you as confirmation of receipt.

Kind Regards

The Mobile Outlet
Cash Back Team





Sounds like a fob off ? What should I do ?

Yes, it is a fob off....
I got the same email a couple of weeks ago for my second claim. I emailed them back saying I needed confirmation of a definite payment date within 48 hours or I would escalate the matter to the next level. They replied saying they would pay me by BACS within 7-10 days, After 7 more days I politely reminded them of their promise to pay me within 7-10 days. I received an apologetic reply and payment quickly followed.

HTH

coolio_2

For the Letter Before Action, do you request just the outstanding cashback at that stage, or do you go for all cashback, or is that just left when you go to the small claims?

thesaint

Coolio, read page 1 of this thread, it's worth your time

eyesubmit

Hi Guys i need help.
I have been asked for a despatch note which i may not have had at the outset.Could someone email me a copy and i can alter the relevant details to mine.Would this be easy enough. "holding breath" Thanks.

Quentin

coolio wrote: »

For the Letter Before Action, do you request just the outstanding cashback at that stage, or do you go for all cashback, or is that just left when you go to the small claims?

Yes, put in your LBA that their refusal to pay is a fundamental breach of your contract, and ask them to pay you the total amount remaining unpaid on your contract.

Then if they ignore it you can issue a small claim for the full amount requested.

If they do send you just your outstanding payment, then you would need to decide whether to let it rest there, or continue with a claim for the remainder due.

dima_b

blueblazer wrote: »

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.

I know exactly what you are talking about.
My bill date was the 10th I sent all the paperwork to them on the 30th, and foolishly didn’t even bother about receipt or anything like that. Needles to say, MO wrote back to me saying it was received outside of 21 days and they are not going to pay me my cashback.
Every time I wrote to them pointing out the obvious it took 30 days for them to write back if at all, no amount of reasoning or threats worked, so in the end I just filed with Money Claim online, still heard nothing from them, they did file some response/defence to my claim, however it went to court, where I just stated as clearly as I could everything what went on, after about 30 min hearing , Judge just agreed with me, need to forward is not the same as it must be received, and issued an order for them to pay up.
So, to sum up, my advice would be: unfortunately you’d have to take them to court.
I think their survival depends on rejecting claims so that’s the main reason they will do anything to avoid paying up and play dirty.

hessian

hessian wrote: »

Had not heard anything so emailed them on the 10th July. I have just got this reply....


Hi

We apologise but we are working through a back log of 3/4 weeks post. If we have received your claim, it will be logged by the end of this period and an email will be sent to you as confirmation of receipt.

Kind Regards

The Mobile Outlet
Cash Back Team

TMO have just sent me a new automated email...

Dear Customer, Dear Customer We have received your 12th month bill. Please allow 28 days for the payment to be processed. If you have any further questions regarding the delivery of your handset, please email our customer service team. [EMAIL="customerservice&#64;themobileoutlet.co.uk"]customerservice@themobileoutlet.co.uk[/EMAIL] Regards
Adam Sinclair
Customer Relations Director
www.themobileoutlet.co.uk
[EMAIL="customerservice&#64;themobileoutlet.co.uk"]customerservice@themobileoutlet.co.uk[/EMAIL]
Tel 0870 1999 333
This is an automated email, Please do not reply to this address. Any order queries must be forwarded to [EMAIL="customerservice&#64;themobileoutlet.co.uk"]customerservice@themobileoutlet.co.uk[/EMAIL]


What is with the bit about delivery of your handset ? You would certainly hope you had it by now if they have just received your 12th bill :rotfl:

I already received written correspondence 5 weeks ago stating they had in possession my 12th bill and now wanted the itemisation forwarded to them, which I did.

Time to take this to the next level.