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  • mrs_T
    mrs_T Posts: 1,017 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Sorry to be so niave after all I've read on here but can someone please advise: 12 month contract with TMO on orange @ £40/month. Despatch date 23/05/07.

    Terms "in month 4 of your contract you will need to forward bills 1 through to 4 to us within 21 days (inclusive) of the issue date on bill number 4"

    Bill 1dated 22/6/07 for 23/05/07 - 21/06/07 and 22/06/07 - 21/07/07
    Bill 2 dated 22/07/07 for 22/07/07 - 21/08/07
    Bill 3 dated 22/08/07 for 22/08/07 - 21/09/07

    Am I in month 4 of my contract and since bill one covered two months should I send of these three bills with my despatch note (keeping a copy) now?

    Phoned tmo for advice today but was just told to e-mail which I have done but they probably won't reply.
  • coolio_2
    coolio_2 Posts: 1,408 Forumite
    ive been sent an allocation form, and it appears my 2nd cashback will be due to be paid before i get to court. their defence is 'we told it would be late' and 'it will never happen again'......
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    coolio wrote: »
    ive been sent an allocation form, and it appears my 2nd cashback will be due to be paid before i get to court. their defence is 'we told it would be late' and 'it will never happen again'......

    So, are you going to claim the entire balance of the cashback as Quentin said?
    Well life is harsh, hug me don't reject me.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    mrs_T wrote: »
    Sorry to be so naive after all I've read on here but can someone please advise: 12 month contract with TMO on orange @ £40/month. Despatch date 23/05/07.

    Terms "in month 4 of your contract you will need to forward bills 1 through to 4 to us within 21 days (inclusive) of the issue date on bill number 4"

    Bill 1dated 22/6/07 for 23/05/07 - 21/06/07 and 22/06/07 - 21/07/07
    Bill 2 dated 22/07/07 for 22/07/07 - 21/08/07
    Bill 3 dated 22/08/07 for 22/08/07 - 21/09/07

    Am I in month 4 of my contract and since bill one covered two months should I send of these three bills with my despatch note (keeping a copy) now?

    Phoned tmo for advice today but was just told to e-mail which I have done but they probably won't reply.

    Send an e-mail to The Mobile Outlet, i'm certain you will get a quick response. ;)

    Failing that write them and ask, if they fail to answer, take their t's & c's to mean what you think they mean. Keep copies of all correspondence. :A
    Well life is harsh, hug me don't reject me.
  • Lynsey
    Lynsey Posts: 9,486 Forumite
    I've been Money Tipped!
    coolio wrote: »
    ive been sent an allocation form, and it appears my 2nd cashback will be due to be paid before i get to court. their defence is 'we told it would be late' and 'it will never happen again'......

    Does this defence stand up??????????????????????
    I'm having the same problem, yet again with CNM.
    It looks like I will have to sue, so verification will be grateful.


    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)
  • coolio_2
    coolio_2 Posts: 1,408 Forumite
    thesaint wrote: »
    So, are you going to claim the entire balance of the cashback as Quentin said?

    After waiting approx 60 days for payment of my 1st cashback and not receiving it...my last correspondence was from them in the form of an email on the 16th August (2 weeks after sending a LBA) stating I should wait another 28 days, I submitted a small claims court claim for £420+£50 fees.

    A few days after this, I received my first cashback. They have refused to pay the court fees, else I may have considered carrying on with claiming the next 4 stages.

    I am therefore continuing with my court claim, and in the meantime my 2nd cashback claim because a) I may not win my court case and b) I am not at all confident they will pay within the 28 days and it will just add to the pile of evidence I already have against them.
  • coolio_2
    coolio_2 Posts: 1,408 Forumite
    Lynsey wrote: »
    Does this defence stand up??????????????????????
    I'm having the same problem, yet again with CNM.
    It looks like I will have to sue, so verification will be grateful.


    Lynsey

    I don't see how it can. You have T&Cs with them, they broke them. I genuinely believed I may never see my cashback without taking legal action.

    The fact is, they only told me it was delayed AFTER i contacted them. In all, I was given 5+ different time frames and a lot were broken.
  • coolio wrote: »
    After waiting approx 60 days for payment of my 1st cashback and not receiving it...my last correspondence was from them in the form of an email on the 16th August (2 weeks after sending a LBA) stating I should wait another 28 days, I submitted a small claims court claim for £420+£50 fees.

    A few days after this, I received my first cashback. They have refused to pay the court fees, else I may have considered carrying on with claiming the next 4 stages.

    I am therefore continuing with my court claim, and in the meantime my 2nd cashback claim because a) I may not win my court case and b) I am not at all confident they will pay within the 28 days and it will just add to the pile of evidence I already have against them.

    Hi coolio,
    the course of action you are taking is what I would do...
    IMHO you will win the court case for the entire amount + costs, but I think that a "belt & braces approach" covers all possible scenarios...
    Best of luck...and please keep the board up to speed with progress....
  • coolio_2
    coolio_2 Posts: 1,408 Forumite
    I will do. Does anyone know if you can claim back money lost through attending the court case? I'm a contractor
  • GunJack
    GunJack Posts: 11,837 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    coolio - you could not normally claim for loss of earnings for attending court unfortunately. Shame, if you could and if I were you I'd slap the bill in for it as well !! Good luck with the claim, just make sure TMO have enough left in the bank for me, Brenda, KLTP et al !!!

    GunJack - posting cb#4 of 5 tomorrow :D
    ......Gettin' There, Wherever There is......

    I have a dodgy "i" key, so ignore spelling errors due to "i" issues, ...I blame Apple :D
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