The Mobile Outlet

salma

Hi

I was after some help.

I had no problems getting my first cashback from mobile outlet. However claimingthe final cashback has become a nightmare.

I sent bioth bills 11 and 12th together which is what I understood the terms and conditions to say.

Howere the mobile outlet are refusing to pay me out as they are saying I should have sent bill 11 within 21 days and bill 12 withinh 21 days.

In the terms and condition I recieved with my contract. It saiid to send bills 11 and 12th within 21 days.

Hope you all understand what I am saying.

Where do I stand. I have e-mailed customer services and theier explanation is I didn't follow the T&C's which I feel are unclear otherwise I would have sent bill 11 as the are stating.

Any help much appreciated.

Salma

Tyler_Du

dasvictim wrote: »

PLEASE HELP!!!
Due to an error on the part of the mobile outlet I was denied my1st cashback claim after 4 months.
This was due to my failure to include the "welcome note" in my first claim. My terms and conditions do not state this anywhere at all!! The relevant section is 11.5 I believe and unfortunately my Terms and Conditions only go up to 11.3.....
Essentially the rules have changed since my deal was started and in the 1st 4 months they have changed the terms.
I posted a cover letter with all the relevant paperwork including their own Terms (with appropriate section highlit) so they can see for themselves where they have gone wrong. I was told this was the only way I could appeal against this daft decision and I would receive a reply within 28 days... Its now been 32 days and still no reply...
After waiting for 25 mins on their customer service line I was told that it is because of short staffing in the claims dept, no I cannot speak to anyone its by letter only.... I will be replied to in the next few days I have been assured!
I dont know what else I can do!!!
The Mobile Outlet are incorrectly witholding my cashback and have overun on their own deadlines!!
If the Mobile Outlet agent who monitors these posts is out there please can you reply and let me know what the hold up is??
Order Number: 18199218
Customer Number: 42523
Regards,

DasVictim

I'm in a similar situation, I wrote to them giving them a reasonable time scale to respond / make the payment. They didn't so I started a small claims court action, surprise, surprise, they then claimed they had not paid my cashback claim due to an error on their part and have now paid that first cashback. I still need to recover my court costs mind you.

kltpzyxm

dasvictim wrote: »

PLEASE HELP!!!
Due to an error on the part of the mobile outlet I was denied my1st cashback claim after 4 months.
This was due to my failure to include the "welcome note" in my first claim. My terms and conditions do not state this anywhere at all!! The relevant section is 11.5 I believe and unfortunately my Terms and Conditions only go up to 11.3.....
Essentially the rules have changed since my deal was started and in the 1st 4 months they have changed the terms.

Yes, the T&C that came with my phone sound like they are the same as the ones you received. Before I submitted my first claim, I checked the T&C on TMO website which indicate that the original dispatch note must be included in the first cashback claim. I was also lucky enough to find references on this forum from people who, like yourself had their cashback declined for not including the original dispatch note. This prompted to include my original dispatch note with my first claim (even though I shouldn't have had to) - and my claim proved to be successful. I'm not an expert on law, but others have said that its the T&C on the TMO website at the time of your order that are the ones that apply to you and not the ones you recived with your phone....which I don't quite understand, but as I said above...I am not a law expert. Good luck with your appeal.

rothers798

Tyler_Durden_UK wrote: »

I'm in a similar situation, I wrote to them giving them a reasonable time scale to respond / make the payment. They didn't so I started a small claims court action, surprise, surprise, they then claimed they had not paid my cashback claim due to an error on their part and have now paid that first cashback. I still need to recover my court costs mind you.

Tyler, I am in a similar situation to yourself. I have had to go down the scc route but they have filed a defence online. I do not know what that defence is yet, I have fully complied with the t&c's. Did they initially file a defence against you or did they pay your cashback immediately? Did you go through money claims online?

Many thanks for your help

tappet_rattle

I am in a similar situation to Brenda, I received an e mail yesterday saying that my cashback has been paid into my account and to allow between 3 to 5 days to clear. We shall wait and see, TMO have made me cynical enough not to expect too much. If it hasn't cleared by wednesday I will do exactly what Brenda has done. Fingers crossed it won't come to that.

grayme-m

tappet_rattle wrote: »

I am in a similar situation to Brenda, I received an e mail yesterday saying that my cashback has been paid into my account and to allow between 3 to 5 days to clear. We shall wait and see, TMO have made me cynical enough not to expect too much. If it hasn't cleared by wednesday I will do exactly what Brenda has done. Fingers crossed it won't come to that.

Have you actively chased them at all?

Shelby

Hi all,

Tyler and rothers,

What they’re doing is testing is your resolve. They’re hoping you’re going to bottle out and drop your claim. If your case is valid, that’s the only card they have to play.

If you’re nervous, don’t display it on here: they’re watching your posts and gauging your determination.


Tyler,

It wasn’t wise to reveal, in the previous thread, whether or not you had received a Dispatch Note at all, let alone what Terms & Conditions (if any) were printed on it.

TMO would not have known what (if anything) you actually found in the box your ‘phone came in until you told them on there.

If you incurred your costs because TMO breached of its contract and failed to remedy it before you went to MCOL, you are entitled to your costs and will get them if you hold out. (Read oggsy's postings.)

That, of course depends upon whether you complied with the contract yourself.


salma (and jdandi)

If the T&Cs in your contract read: “forward us your 11 and 12 months bill, again this must be within 21 days from the date shown on each of these bills,” then you were required to send in each bill within 21 days of the date on it.

It stands to reason that if, by the very nature of monthly bills, you are going to receive these two bills more than 21 days apart, you were thus expected (and contractually obliged) to submit them separately.

That is what TMO would argue to a court and you haven’t got a valid defence to it.

Many, many people fell into that trap by not reading their T&Cs properly and the danger of it has been posted on this site, repeatedly, since last August.


Dasvictim,

What do you mean by “The relevant section is 11.5 I believe and unfortunately my Terms and Conditions only go up to 11.3.....” ?

What T&Cs are you referring to and what are you looking at?

The “rules” (T&Cs) of your contract with TMO don’t “change”. The ones with which both you and TMO are required to comply are the ones in force on the day you purchased your ‘phone and continue until the end of your contract. And they have always been posted in full on TMO’s website.

They haven’t altered in the last 5 months and have always required that you send in the Dispatch Note with your first claim.

It is you and not TMO that has made “an error”. A costly one, too.


What’s probably going to happen here is that the expensive mistakes made by dasvictim and salma (and jdandi) will pay for the costs of Tyler and rothers (if the latter don’t lose their nerve).

If they do lose their nerve and abandon their claims, TMO will win 4 goals to Nil and then have enough money to pay GunJack, nilocmac and Brenda, all of whom, it seems, did read the advice posted on the previous threads and have got TMO by the nuts.

There’s now a Guide on the first page of this thread that explains it all.

Seems to me that the one who has the best grasp on what’s happening up there is skip2mylou, when he/she (not clear which) posted:

“thanks for pointing out that TMO facing difficulties when it comes to paying out cashbacks...perhaps they've been oversubscribed to, by a customer base of conscientious organised types who are able to adhere to T&Cs like glue? i dunno...but it does seem like consumers are getting better at claiming cashbacks, and as a result this "difficulty in paying out" seems to be getting more and more pervasive.”

From the emails being quoted on here it isn't Particle Physics to work out what TMO's cash-flow situation is right now.

salma

thanks for the reply shelby.

so do you suggest I don't do anything as the T&C were unclear. It did say bills 11 and 1 within 21 days?

What do others think?

salma

rothers798

Thanks for that Shelby. There is no way I am backing out of this anyway, I am more than happy to go to court, I have to give evidence all the time in my job.

Cheers

Shelby

Salma,

Please don't think I'm unsympathetic. What I'm saying, however, is that the T&Cs are clear if you read them properly and that this particular bear-trap has been posted on this site for for the last nine months.

You don't really have any defence and pursuing it is thus difficult.

Try to understand that you were playing a cat-and-mouse game with TMO when you attempted (quite legitimately) to get a free mobile telephone out of them.

The mouse wanted the cheese but the cat wanted the mouse.

And the mouse was careless...

I feel for you.