The Mobile Outlet

Shelby

Good luck, rothers!

tappet_rattle

grayme-m wrote: »

Have you actively chased them at all?

Yes I have, I chased them for the first cashback as well. But you shouldn't have to chase, should you. A contract is binding on both parties.

thesaint

salma wrote: »

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

salma,

My terms and conditions state clearly the stages for claiming cashback.The ones regarding 4 & 5 are seperate and clear.

4. In month 11 of your contract you will need to forward bills 10 & 11 to us within 21 days (inclusive) of the issue date on bill number 11.
5. In month 12 of your contract you will need to forward bills 12 within 21 days (inclusive) of the issue date on bill number 12.

You are presumably on the old t&c's can you write what they state?

salma

Hi

My terms & conditions are the old ones.

They read as follows:

11.1 All cash back and half price line rental entitlements are paid in two stges:the first stage is at month 6, the second at month 12. Once you are in receipt of your sixth bill you need to forward the original bills from month 1-6 within 21 days from the bill date illustrated on your 6th bill. Where a claim is not made withinh this time period your cashback entitlement is lost for this and your final claim. To claim the second half of your cash back entitlement, forward us your 11 and 12 months bill, again this must be with 21 days from the date shown on each of these bills.

I look forward to your response.

Thanks

Salma

grayme-m

tappet_rattle wrote: »

Yes I have, I chased them for the first cashback as well. But you shouldn't have to chase, should you. A contract is binding on both parties.

I was just wondering, and no you shouldn't.

grayme-m

salma wrote: »

Hi

My terms & conditions are the old ones.

They read as follows:

11.1 All cash back and half price line rental entitlements are paid in two stges:the first stage is at month 6, the second at month 12. Once you are in receipt of your sixth bill you need to forward the original bills from month 1-6 within 21 days from the bill date illustrated on your 6th bill. Where a claim is not made withinh this time period your cashback entitlement is lost for this and your final claim. To claim the second half of your cash back entitlement, forward us your 11 and 12 months bill, again this must be with 21 days from the date shown on each of these bills.

I look forward to your response.

Thanks

Salma

Those are the same as my own, I've submitted both 11 and 12 on time.

I think I recall someone in the first thread taking them to the SCC and winning because that clause was purposefully confusing?

GunJack

Ladies, Gents and everyone else (not being offensive, merely all-inclusive )

Cashback #2 of 5 Update.....

Today (day 29) I dropped TMO an e-mail to cb team, forumqueries and cust services, nicely pointing out I hadn't heard about cb#2. Got one back from Imran@themobileoutlet.co.uk, saying it will be looked at on Monday. So, we'll see what happens next week......

Shelby

Salma,

That confirms my understanding of the Terms and Conditions with which you were required to comply. Hence the point I was making.


It would be wonderfully helpful to many if grayme-m could dig out the postings to which he is referring which record that a claim that it was misleading was upheld by a court.

Could you do that, grayme-m?


Perhaps the following will also assist others with 2006 contracts - many of whom no longer have a copy of their Terms & Conditions.

Since 3 July 2006, TMO’s Terms & Conditions have been pretty much the same as they are now.

http://www.themobileoutlet.co.uk/Information.asp?txtMode=8


Prior to that, those introduced on 21 February 2006 were in force read, in their section relevant to this issue:

11.0 Cash Back and Half Price Line Rental Entitlements

It is important that you read and understand the terms for claiming your cash back. In order to qualify for your cash back it is important that you comply with the exact terms of the relevant cash back. All cash back and half price rentals must be made in writing and within the relevant time limits. You must also send in original bills to us. Copies are NOT acceptable. It is your responsibility to make sure we receive them within the relevant time limits. Once we are receipt of your original documentation, please allow 28 days for delivery of cheques. Original bills are not returned unless a self addressed envelope is provided.

Please note: All our offers on cash back and half price line rental entitlements are also conditional upon you paying your phone bill on time and by the date specified on the bill. If you make any payment which is late then you will loose your entitlement to the cash back and half price line rental.

11.1 If your cash back entitlement is less than £200, you have to claim the offer back in a 2 stage process. This cash back and half price line rental offer is conditional upon you complying with the exact terms of this clause. If any one stage is not complied with, you will loose your entitlement to claim the whole of the cash back and half price line rental. If there have been any late payments made on your account at any time this will result in you loosing your entitlement to claim the cash back and half price line rental.
All cash back and half price line rental entitlements under £200 are paid in two stages;
In month 6 of your contract you will need to forward bills 1through to 6 to us within 21 days of the issue date on bill number 6.
In month 12 of your contract you will need to forward bills 7 through to 12 to us within 21 days of the issue date on bill number 12.

11.2 If you have an 18 month contract with your mobile phone, you will have your cash back/half price line rental refunded in 2 stages. We refund your line rental/cash back in month 12 and 18. To complete the process to redeem your cash back/line rental you must provide bills 6- 12, 17 and 18. These bills must be originals and must be received by The Mobile Outlet within 21 days from the date shown on these bills; otherwise you will loose your cash back/half price entitlement. Please note when forwarding bills 6-12, these must be received together within 21 days of the bill date illustrated on bill number 12.

11.3 If your cash back entitlement is more than £201 for a 12 month contract, you have to claim your money back in a 5 stage process. This cash back offer is conditional upon you complying with the exact terms of this clause. The steps in point 11.1, 11.2 only apply to contracts where the cash back entitlement is £200 or less. To claim cash back in cases where your entitlement is £201 and above you need to comply with the following 5 stages listed below. If you do not comply with the exact terms of each of these stages you will loose your entitlement to your cash back. If any one stage is not complied with, you will loose your entitlement to claim the whole of the cash back. If there have been any late payments made on your account at any time this will result in your application for cash back being void.

It is your responsibility to ensure that the relevant documentation reaches us within the relevant period. The stages of claiming the cash back are:


In month 4 of your contract you will need to forward bills 1through to 4 to us within 21 days of the issue date on bill number 4.
In month 7 of your contract you will need to forward bills 5 through to 7 to us within 21 days of the issue date on bill number 7.
In month 9 of your contract you will need to forward bills 8 & 9 to us within 21 days of the issue date on bill number 9.
In month 11 of your contract you will need to forward bills 10 & 11to us within 21 days of the issue date on bill number 11.
In month 12 of your contract you will need to forward to us bill 12 within 21 days of the issue date on bill number 12.
11.4 Any cash back queries after 14 days of order must be forwarded to cashback@themobileoutlet.co.uk. The customer service team will not be able to help with any queries after this point.

11.5 You must include your original dispatch note with your first claim for any cash back application to be successful. If your order is submitted without your original dispatch note your cash back application will be void.


Prior to that, for the three weeks subsequent to 28 January 2006, they read:

11.0 Cash Back and Half Price Line Rental Entitlements

11.1 All cash back and half price line rental entitlements are paid in two stages; the first stage is at month 6, the second at month 12. Once you are in receipt of your sixth bill you need to forward the original bills from month 1-6 within 21 days from the bill date illustrated on your sixth bill. Where a claim is not made within this time period the cash back entitlement is lost for your 2nd due installment at month 12. To claim the second half of your cash back entitlement, forward us your 11 and 12 months bill, again this must be with 21 days from the date shown on each of these bills.

11.2 All cash back and half price rentals must be made in writing, and with Original bills only being acceptable. Copies are not acceptable. Once we are receipt of your documentation, please allow 28 days for delivery of cheques. Original bills are not returned unless a stamped address envelope is provided. Point 11.1 is not applicable to 18 month contracts.

11.3 If you have an 18 month contract with your mobile phone, you will have your half price line rental refunded in 2 stages. We refund your line rental in month 12 and 18. To complete the process to redeem your line rental you must provide bills 6- 12, 17 and 18. These bills must be originals and must be received by The Mobile Outlet within 21 days from the date shown on these bills; otherwise you will loose your cash back/half price entitlement. Please note when forwarding bills 6-12, these must be received together within 21 days of the bill date illustrIated on bill number 12.


The aspect of all this that I don’t understand is why, in connection with a contract entered into in 2007, dasvictim appears to be quoting Terms & Conditions that have not applied since 21 February 2006.

thesaint

salma,

I would question the Mobile Outlet in court whether their t&c's are misleading in a court.
This will cost you £30 to do this. You have to decide whether you want to spend this extra money to test it.

Tyler_Du

thesaint wrote: »

You can get your court fee's back.
Write to them requesting them back. As long as they paid your cashback after they were served you are entitled to them.

Do you mean I can get my court costs back from TMO or from the court itself ?

As they have now paid the cashback, does that mean the court is unlikely to award me the full years cashback (less what they have paid). As I've said before, I'm fully prepared to go to court, at the least I want my costs recovered.