The Mobile Outlet

Quentin

thesaint wrote: »

That term says that you will lose that particular cashback that you are claiming, not subsequent ones........it is clear to consumers that they will not lose the rest of their cashback entitlement if they miss one.

Reread it and you will see it in fact says you will lose "your cashback entitlement". No mention of a "particular" instalment.

I'm afraid your interpretation of what is written is wrong.

Whatever they previously said in older contracts has no bearing at all on this new one.

Crucially, the term "cash back" in this contract is now defined at the start of the section 11.1:

The Line Rental Entitlement (Cashback) is a single entitlement towards the cost of your line rental, which is paid on a redemption basis.

So when they then say:

If your claim is received outside this 30 day period, your cash back entitlement will be void.

AND (regarding changing tariff):

If you subsequently change to a lower monthly tariff you will lose the Line Rental Entitlement (Cashback)

They are spelling out that they will void your ("single") entitlement to the Line Rental Entitlement - in fact meaning the whole lot.Not that an odd instalment will be voided.

They are really being "clever" and causing more confusion.

This is how they cover themselves against any arguments regarding misinterpretation:

11.1 It is important that you read and understand this entire clause 11 which sets out how to claim your Line Rental Entitlement (Cashback).

Hopefully all this will be irrelevant to all who read this thread, as surely they wouldn't want to do business with them under this new contract, but your interpretation of the conditions would lead to tears in court if you relied on the way you are reading the contract to argue any late instalment claim should only affect that instalment.

patwa_2

Just to add to the overall level of confusion my contract states 21 days as the period within which the bills must be received, from the date of the bill.

Contract as of 23 July.

H.

Quentin

21 days is clearly the period stated in a contract dated July. There is no confusion at all over that.

Their latest (different) conditions are for contracts set up from 1/8/07.

grayme-m

Is anyone else who is a direct O2 customer (as in not through TPW) waiting for bills that seem to have got lost in the post?

thesaint

Quentin wrote: »

Reread it and you will see it in fact says you will lose "your cashback entitlement". No mention of a "particular" instalment.

I'm afraid your interpretation of what is written is wrong.
<snip>

Sorry for snipping your post.

They mention neither losing 'a particular installment' or 'All subsequent cashback entitlement.

but your interpretation of the conditions would lead to tears in court if you relied on the way you are reading the contract to argue any late instalment claim should only affect that instalment.

I assure you that I read it as I said, and anyone caught out by their dodgy terms is advised to do the same.;)

Contrary to what you say, vague terms and any confusion caused will go in my favour in court if I were to go there. :cool:

Quentin

Hi thesaint

I am not going to argue with you over this - (there is no point as you are insisting you are right, whatever I take the time to post about this).

Note though that it was you who used the word "particular" as in:

you will lose that particular cashback that you are claiming, not subsequent ones........

(And I can't find where anyone has mentioned your other quote "'All subsequent cashback entitlement)

As a final thought for you on this topic, ask yourself why they now have defined the cashback as a "single entitlement..." (that is why they now say that "your cashback will be void" if a claim is late).

And when you say you would challenge their terms as being vague and confusing, then that is fair enough, but that is not not what you originally started this discussion over (which was your misinterpretation that the latest conditions mean you do not lose the rest of your ability to claim subsequent cashbacks if you miss one?)

Maybe anyone wanting to chance their arm with them and take out a new deal should get their interpretation of this issue in writing!

thesaint

Quentin wrote: »

Hi thesaint

I am not going to argue with you over this - (there is no point as you are insisting you are right, whatever I take the time to post about this).

Thank-you for sparing your time.
I have never insisted I am right, I have interpreted the terms in my favour as they are unclear. If a term is unclear, a consumer can interpret them as such can they not?

Note though that it was you who used the word "particular" as in:
you will lose that particular cashback that you are claiming, not subsequent ones........

No one apart from me said 'particular' and I made no implication that anyone had.

(And I can't find where anyone has mentioned your other quote "'All subsequent cashback entitlement)

I believe that this was in their old t's &c's(11.3) It quite clearly states that you lose 'Subsequent cashbacks'

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.

As a final thought for you on this topic, ask yourself why they now have defined the cashback as a "single entitlement..." (that is why they now say that "your cashback will be void" if a claim is late).

Why should it be a final thought, have you had clarification from The Mobile Outlet?
You mean this:

The Line Rental Entitlement (Cashback) is a single entitlement towards the cost of your line rental, which is paid on a redemption basis.

I believe this has no 'Real' meaning. A single entitlement isn't a single entitlement if it requires me to send in 5 claims with one claim dependent on the other?

And when you say you would challenge their terms as being vague and confusing, then that is fair enough, but that is not not what you originally started this discussion over (which was your misinterpretation that the latest conditions mean you do not lose the rest of your ability to claim subsequent cashbacks if you miss one?)
Maybe, maybe not. Whether it was their intention or not is neither here nor there, the question is, "Can it be read as i've said?

Maybe anyone wanting to chance their arm with them and take out a new deal should get their interpretation of this issue in writing!

Their is no such need, like i've said, take out a contract, and their lax attitude works in the consumers favour.
If The Mobile Outlet have made a mistake in their wording, and have not decided to play fair, all it means is "Business as usual" and a trip to the small claims court. The old t's & c's did not leave room for interpretation, the new ones do.


The Mobile Outlet have been reading this thread since the new t's & c's, I wonder why they've decided to keep quiet?

Hi The Mobile Outlet :hello:

TenThirteen

Hi all,

I'm an avid lurker in the forums (hence my low post count!!) here and 100% money saving in how I live my life so perhaps it was no suprise I signed up for a 12 month 100% cashback deal through The Mobile Outlet... I've done everything 'to the letter' ...

Within 21 days of receiving my 4th bill (it's a £35 per month contract for 12 months so I follow the £200+ rules) I made copies (front and back) of my bills included my dispatch note (copied too) and sent them off to MO by Special Delivery with the extra insurance and they received this on 5th June.

By 5th July I'd heard nothing so I emailed twice and finally got acknowledgement that it had been received and that it would be processed within 14 days. 19th July another email arrives saying it had been accepted and to expect a BACS transfer of the amount (£35 x4 = £140.)

4th August (no BACS in sight and sixty-one days after they received my paperwork) a cheque arrives with no note or anything, just the cheque... made payable to me but with different amounts in words and figures (84 in words, 841 in figures.) I took it straight up to my bank on Saturday morning but they won't accept it as it had different amounts filled in!! I emailed MO but by Tuesday afternoon I've had no reply... boo hiss!!

So I've taken the humph and I've written them a letter before action telling them what had happened and how I now believe them to be in serious breach of contract and that they have 7 days to cough up the full cash back amount 12x £35 and if I wasn't in receipt of it in 7 days then I would be submitting the small claims form. Grr!!

Any thought on this, what they will do, what might happen next - had anyone else had a wrong amount / wrongly filled in cheque sent out to them by MO??

L :mad:

thesaint

Hi TenThirteen,

Firstly, You won't receive 4 x £35, the cashback you should've received is 12 (months) x £35 (Monthly payment) divided by 5 (amount of claims) = £84

It seems like a genuine mistake.

Contact them on [EMAIL="forumqueries&#64;themobileoutlet.co.uk"]forumqueries@themobileoutlet.co.uk[/EMAIL], this e-mail address alerts them that you have been looking on the internet, so usually persuades them to act out of character and deal with you swiftly.

I do not believe a court claim would be sucessful, but you can have a go if you fancy your chances.

TenThirteen

In a word: Doh!! I (obviously) didn't realise the 5 payments thing but I was steaming mad this afternoon after being ignored again and the Letter Before Action has already gone off to them by registered post... I've waited 61+ days now and I still haven't got any cash back despite following (if not reading them entirely!!) their cash back terms to the letter. Ah well I'll see what they say about my letter... I'll (literally) keep the forum posted...

Thanks again for the info!!