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  • kltpzyxm
    kltpzyxm Posts: 391 Forumite
    thesaint wrote: »
    That's a coincidence that your's turned up on the 50th day, both of my claims both turned up on day 50 as well, I sense a pattern emerging :think:
    Come to think of it, my second claim turned up after 51 days......

    Edit:
    Correction, it was 41 days, too early in the day for complex mathematics.....doh!
  • Hi All,

    I've been following this thread for a couple of weeks now, after having problems with Cashback claims from TMO myself.

    There are a couple of things i am seeking clarification on, first how many people have successfully gone through the courts against TMO and had the judgement in their favour, and subsequently been paid out by TMO. (I know i could look back through all the posts in the thread, but i'm just trying to gather a quick figure).

    Secondly, after reading these threads I sent TMO an e-mail last week (to the three addresses mentioned in previous threads) giving them untill today to acknowledge my claim and process it, which, not unsually, they have ignored. It is now 78 days since they recieved my 1st Claim, and 35 Days since they sent me an e-mail stating they were processing payment within 10-14 days. My question is, should I now send another e-mail, or should I proceed with a Final Letter Before Action and proceed down the court path.

    any help would be greatly appreciated. :(
  • coolio_2
    coolio_2 Posts: 1,408 Forumite
    I am going through the small claims now re: 1st claim. They completely denied the entire claim against them. It seems about 2-3 on this thread have taken them to court and won. A fair few have been given the court charge and the cashback.

    In their defense they stated that every single cashback claim is upto date and all future cashback will be paid within 28 days, so they blatantly lie through their teeth, in court forms too, it's disgusting. I did start a thread on successful court claims here http://forums.moneysavingexpert.com/showthread.html?t=534784&highlight=small+claims

    Darryl, as long as you have those emails, send them a letter before action, stating that unless you receive your cashback within 7 days, you will submit a small claims court claim against them, and due to their fundamental breach of contract, you will be claiming for the full amount.

    Good Luck
  • Lynsey
    Lynsey Posts: 9,486 Forumite
    I've been Money Tipped!
    Go with your LBA and proceed through the legal route if necessary.
    THEY ARE IN BREACH OF CONTRACT.
    Emails are sometimes a waste of time.

    Lynsey
    **** Sealed Pot Challenge - Member #96 ****
    No. 9 target £600 - :staradmin (x21)
    No. 6 Total £740.00 - No. 7 £1000.00 - No. 8 £875.00 - No. 9 £700.00 (target met)
  • kltpzyxm
    kltpzyxm Posts: 391 Forumite
    Darryl1108 wrote: »
    Hi All,

    I've been following this thread for a couple of weeks now, after having problems with Cashback claims from TMO myself.

    There are a couple of things i am seeking clarification on, first how many people have successfully gone through the courts against TMO and had the judgement in their favour, and subsequently been paid out by TMO. (I know i could look back through all the posts in the thread, but i'm just trying to gather a quick figure).

    Secondly, after reading these threads I sent TMO an e-mail last week (to the three addresses mentioned in previous threads) giving them untill today to acknowledge my claim and process it, which, not unsually, they have ignored. It is now 78 days since they recieved my 1st Claim, and 35 Days since they sent me an e-mail stating they were processing payment within 10-14 days. My question is, should I now send another e-mail, or should I proceed with a Final Letter Before Action and proceed down the court path.

    any help would be greatly appreciated. :(

    Hi Darryl,
    In my humble opinion, before you go down the legal route, I would have thought that you would need to be able to demonstrate (in a court of law) that you have made every reasonable attempt to resolve the matter with TMO before taking legal action...which to me means more than 1 email reminder. It would have been better if you had tried to progress the matter before now...i.e after 28 days....and documented all your efforts to resolve the situation. I think that would carry more weight....

    just my opinion of course....

    HTH
  • Quentin
    Quentin Posts: 40,405 Forumite
    The letter before action is all that is needed to demonstrate to the court that the legal action was only taken as a last resort.

    But make sure it is a letter - not an e-mail.
  • meinnit
    meinnit Posts: 929 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I'm about to submit my 2nd claim. Do I comply with the new terms or the ones that came with my contract? Also should I use the new or old address?
  • SunnyJane
    SunnyJane Posts: 30 Forumite
    I am considering to take up an offer with The Mobile Outlet, but I get very confused with its cashback dates. On its T&Cs, it said the following;

    *************************************************

    11.2 If you have a 12 month contract in order to claim your Line Rental Entitlement (Cashback) you are required to do the following:
    On Instalment Date 1 (120 days from and including the date of connection) send to us the Cashback Redemption Voucher Numbered 1 with a bill showing that you have been connected for a minimum of 120 days.
    On Instalment Date 2 (210 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 2 with a bill showing that you have been connected for a minimum of 210 days.
    On Instalment Date 3 (270 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 3 with a bill showing that you have been connected for a minimum of 270 days.
    On Instalment Date 4 (330 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 4 with a bill showing that you have been connected for a minimum of 330 days.
    On Instalment Date 5 (360 days from and including the date of connection). Send to us the Cashback Redemption Voucher Numbered 5 with a bill showing that you have been connected for a minimum of 360 days.

    *************************************************

    If I have a contract with T-Mobile through TMO and get the network conneccted on 10th September 2007, which bills am I supposed to send to TMO?

    My understanding would be my January bill, April bill, June bill, August bill and September bill. Is my understanding correct? Really confused.....
  • kltpzyxm
    kltpzyxm Posts: 391 Forumite
    meinnit wrote: »
    I'm about to submit my 2nd claim. Do I comply with the new terms or the ones that came with my contract? Also should I use the new or old address?

    Hi
    the relevent T&C are the ones that were in force when you took out your contract. The old address is the one to send your cashback claim to...

    HTH
  • SunnyJane wrote: »

    If I have a contract with T-Mobile through TMO and get the network conneccted on 10th September 2007, which bills am I supposed to send to TMO?

    My understanding would be my January bill, April bill, June bill, August bill and September bill. Is my understanding correct? Really confused.....

    I think it depends on the date your bills are produced. Give t-mobile a call and ask them. I just recently signed up with a connection date of the 21st August and my bills are generated on the 24th of each month. I knocked up a quick spreadsheet which calculates when the cashback claim dates fall in relation to my billing dates and how much leeway that affords me. If need be you can change the date your t-mobile bill is prodcued by asking them to change your DD date, which will be 14 days following your bill date. Mine works out as the following.

    Conn Date: 21/08/2007 date +30 Bill dates Leeway
    Cashbacks
    Date 1 120 18/12/2007 17/01/2008 24/12/2007 24
    Date 2 210 17/03/2008 16/04/2008 24/03/2008 23
    Date 3 270 16/05/2008 15/06/2008 24/05/2008 22
    Date 4 330 15/07/2008 14/08/2008 24/07/2008 21
    Date 5 360 14/08/2008 13/09/2008 24/08/2008 20
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