The Mobile Outlet

Shelby

Tyler,

In the previous thread, you posted publicly that you had received two ‘phones from TMO and that, with one of them, there were T&Cs (which you did not read) which stated that you were required to send back the Despatch Note with your first claim and that, with the other one, there were T&Cs (which you did read) which did not include that requirement.

http://forums.moneysavingexpert.com/showthread.html?p=5030823#post503082

Until you posted that, TMO (which was in a chaotic state with deliveries last year) would not have known what paperwork (if any) you did actually receive with either ‘phone and would thus not have been able to judge the strength of your case if it went to court.

By posting on the previous thread that you had indeed received a set of T&Cs which did include the requirement to send in your Despatch Note but which you did not read - and admitting to the fact that you had two Despatch Notes which you could have sent in but didn’t - you alerted TMO to the fact that you had, to some degree, yourself been negligent.

This, TMO would be able to point out to the court.

In the event, TMO has now paid you all the cashback you are currently owed and has stated that it is not contesting your entitlement to your remaining cashbacks on both ‘phones.

TMO’s initial failure to pay you - which TMO has told the court was an error that it has now remedied - obliged you to file claim via MCOL and this incurred costs.

If you accept that TMO made an error (now remedied) and are prepared to continue claiming the further instalments of your cashback, as and when they fall due, the court will require TMO to pay you your reasonable costs in respect of the action TMO’s error (and its initial refusual to rectify) obliged you to initiate.

If, however, you persist with your claim for the entire remaining cashback to be paid now, you stand the risk of the court thinking that you are:

a) Being unreasonable, and/or
b) Being greedy, and/or
c) Trying to exploit the position for gain, and using their court to do so.

Under such circumstances, the court might reject your claim, not award you your costs and even - if it thinks that “c” above applies - take the exceptional step (in cases of this type) of awarding TMO’s costs against you as a penalty for attempting to abuse the court.

It is entirely up to you what you decide to do but my advice to you - purely my personal advice for which I take no legal responsibility - is to accept what TMO has offered you, seeking only the reimbursement of the costs you incurred as a result of TMO’s admitted (and now remedied) error.

If you are obliged to return to the court, on a future occasion, over a future unpaid instalment, the sympathy of the court will then be with you and not with TMO. That would be the wisest benefit for which to settle at this stage.

But feel free to plough ahead and seek the whole lot in one go if you wish to take the risk which I have outlined above.

I offer you my advice purely because you have sought some from people on here. Reject mine if you so choose.

The Guide now posted on the first page of this thread will provide you with links to organisations from which you can seek advice professionally and which can provide you with answers to the questions you are asking.

My final word of advice to you would be to stop telegraphing to TMO, on here, the weaknesses of your case, your indecision and your apparent lack of resolve in pursuing it.

I do wish you good luck and I hope you get your entire cashback eventually, notwithstanding your own admitted negligence in all this.

thesaint

Tyler_Durden_UK wrote: »

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.

Shelby has replied to you, I purposely didn't because I clearly stated in my previous response...

Call your local county court for more information, they won't advise on specific cases, but will have encountered your dilemma many times before, and can give you options of where to go next.

Have you done this?

Shelby

thesaint wrote: »

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.

At the risk of this starting to look like some sort of double act...

Salma,

If you do believe you can convince a court that the Terms & Conditions in your contract were unclear (which, personally, I do not consider they were) the thing you need to show the court, to argue your case, is this (with particular reference to its Section 7):

http://www.opsi.gov.uk/si/si1999/19992083.htm

I wish you luck if you decide to go for it!

Hopefully, grayme-m will be able to find you a case in which that argument prevailed and which you can quote. I don't recall one myself, though. How are you progressing on that, grayme-m?

What it might boil down to is whether or not you are prepared to bet £30 on TMO not defending your claim.

Try asking your local Trading Standards Office or Citizens Advice Bureau for their opinion.

GunJack

Shelby - good advice again. I got trading standards involved in the Just3G debacle, as had other people affected. Although the company went bust, the TS guys were really helpful. Don't overlook them as a possible solution.

Quentin

Tyler_Durden_UK wrote: »

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.

Your court costs have been "used" to pay for the court action already taken.

You can't get a refund from the court.

But you included them in your original claim.

So to get them back (from TMO) you need to win your case.

If they don't submit a defence you can ask for judgement from the court for the balance still owed from your original claim.

If they do submit a defence then you will have to decide on whether or not to pursue the case (depending on how good the defence is).

GunJack

Guys'n'Gals,

After my nice polite e-mail to TMO on Friday, I have today had confirmation mails that my claim is okay and now logged on their system, BACS payment in 7-10 days. As always I will keep y'all updated....

GunJack

Brenda - I appreciate what you're saying. This is, however, my first reminder to them, sent on day 29. The Out-of-office reply I had back same day said it would be looked at today, so it's at least an encouraging start that the e-mails came through today. I will, as ever, keep the board updated.......

taz63

Hi,

I was wondering if someone could give me some advise re cashback, & which bills i should be sending.
I purchased a mobile phone last month on a 12 month contact and received a bill from T- Mobile a few days later, is this regarded as my 1st bill.
I read somewhere in this thread or maybe the previous one that you actually receive 13 bills. When i do come to claim my 1st cashback i'll be sending in bills May - Aug, is this correct?

Thanks

tappet_rattle

:T :T :T :j :j :j :j

Cash back paid into my account today, thank you mobile outlet, late but there.

thesaint

taz63 wrote: »

Hi,

I was wondering if someone could give me some advise re cashback, & which bills i should be sending.
I purchased a mobile phone last month on a 12 month contact and received a bill from T- Mobile a few days later, is this regarded as my 1st bill.
I read somewhere in this thread or maybe the previous one that you actually receive 13 bills. When i do come to claim my 1st cashback i'll be sending in bills May - Aug, is this correct?

Thanks

The one (and only?) good thing with the Mobile Outlet your 1st bill is your first bill, they do not operate the confusing system favoured by most other companies.

I believe I am correct, so would like someone else to confirm.