The Mobile Outlet

Quentin

The conditions do say that any claim received outside the correct claim period (which is what you seem to have done) does mean the whole cashback is lost.

You say they can't cancel because of your mistake, but you did agree to the conditions when you took out the phone.

As there is a fair amount of money involved you could consider getting advice as to whether you might win a court case claiming that they should still pay out as the condition they are using to deny you could be seen as "unfair".

Jay22_2

meinnit wrote: »

I got my contract in March 2007 and my terms say bills 1-4,5-7, 8-9, 10-11 and 12.

thanks for reply,...

now that i 've already sent them bill 5-6 early so should i send them bill 7 now on time ... or do i ask my mobile network for copy of bills 5-6 so then i can send 5-7 on time hopefully...?

i mean it just doesnt seem right for just sending in the bills early loose whole year's cashback...

if you send PBD bills early they charge £10 admin fee for it unlike TMO they canceling my whole year's cashback for it ...

and i still have a chance to send my correct bills in correct time then how can they just say i breach the T&Cs thats why we wont pay you no more....

anybody that can help at all plz reply ASAP as i got only 17-18 days to send in the correct bill and if its ok to send it in i should do it AND if i haver to ask my mobile network for copies of the bills i sent to TMO so i can ask them to send me copies too by the way i got photo copies of all the bills i sent to TMO..

Jay22_2

Quentin wrote: »

The conditions do say that any claim received outside the correct claim period (which is what you seem to have done) does mean the whole cashback is lost.

You say they can't cancel because of your mistake, but you did agree to the conditions when you took out the phone.

As there is a fair amount of money involved you could consider getting advice as to whether you might win a court case claiming that they should still pay out as the condition they are using to deny you could be seen as "unfair".

but in their T&Cs it doesnt say no where that if you send in your bills early we will still just cancel all the payments .. i mean my bill 7 which i should have sent has arrived so i should have been allowed to send that in ..

as you would know for som other companies they charged an admin fee for these kind of mistakes but they dont cancel whole cashback ...so how can TMO is doing it..

by the way should i ask for copies of bills from the network which ive sent to TMO or do i just send in bills 7 .. or also just attach photo copies of the bills i sent plus bill 7...?

meinnit

Jay22 even though the terms & conditions are harsh you did agree to them when you took out the contract. I can't see TMO being lenient over this. I suppose you could try and get copies of your other bills and send your claim again.

You might have a case if your first claim was late in that case you could take them to court and try and claim all your money this way.

Quentin

Jay22 wrote: »

but in their T&Cs it doesnt say no where that if you send in your bills early we will still just cancel all the payments?

Afraid it does. (Unless yours are different to the ones posted above or current on their site).

If you do not comply with the exact terms of each of these stages you will loose your entitlement to your cash back.

Jay22_2

meinnit wrote: »

Jay22 even though the terms & conditions are harsh you did agree to them when you took out the contract. I can't see TMO being lenient over this. I suppose you could try and get copies of your other bills and send your claim again.

You might have a case if your first claim was late in that case you could take them to court and try and claim all your money this way.

so do i ask the the network for copies as that might take som time and i need to send theseto TMO within 21 days and 3 days already past..

i do have my own photocopies of all the bills ..do i atach those or use the copies which should i ask for my network and for which they would probably charge me like £5 each bill copy..

Shelby

But Quentin,

What the Terms and Conditions actually state is "within 21 days of the issue date on bill number 7". And this has to mean within 21 days either side of the issue date on bill number 7.

This is a point that occurred to me when I was examining the "new" (post 1 August) Terms and Conditions. TMO's Terms and Conditions have never read "within 21 days following the issue date on bill number ***."

I appreciate that he could get into an argument with TMO about submitting his second claim in two parts, but where is he disqualified from submitting the part containing the originals of his bills 5 and 6 during the 21 days prior to the issue date on bill number 7?

And, if needs must and he has no other alternative, can he not submit his original bill 7 with copies of bills 5 and 6 (the originals of which TMO has already received and acknowledged), quoting the assurance given on this thread by TMO that copy invoices are now acceptable?

Surely a court would take the view that, one way or another, partly in advance and partly in arrears but all of it within the 21 days either side of the issue date on bill number 7, he had managed to submit all three bills "within 21 days of the issue date on bill number 7."?

Unless, of course, TMO received bills number 5 & 6 from him more than 21 days prior to the issue date on his bill number 7. (Which could well be the case.)

It is, however, a point that is of considerable significance to anybody who has made such a error and is looking for a potential remedy. Particularly if they have had the foresight to include the requested SAE and TMO returned their original bills 5 and 6 when they rejected the claim!

Quentin

It will all depend on the court - and the reason for the claim, which is why Jay22 should get some professional advice over this.

The conditions do say you have to make 5 claims altogether, and if the rules are broken you lose your cashback. Jay22 has broken the rules of this game by having to make another claim.

There will be no harm done in Jay22 submitting a proper claim - the worst will be them rejecting it, and if they do reject it there may be more room to sue, depending on the reason they give.

Jay22_2

Shelby wrote: »

But Quentin,

What the Terms and Conditions actually state is "within 21 days of the issue date on bill number 7". And this has to mean within 21 days either side of the issue date on bill number 7.

This is a point that occurred to me when I was examining the "new" (post 1 August) Terms and Conditions. TMO's Terms and Conditions have never read "within 21 days following the issue date on bill number ***."

I appreciate that he could get into an argument with TMO about submitting his second claim in two parts, but where is he disqualified from submitting the part containing the originals of his bills 5 and 6 during the 21 days prior to the issue date on bill number 7?

And, if needs must and he has no other alternative, can he not submit his original bill 7 with copies of bills 5 and 6 (the originals of which TMO has already received and acknowledged), quoting the assurance given on this thread by TMO that copy invoices are now acceptable?

Surely a court would take the view that, one way or another, partly in advance and partly in arrears but all of it within the 21 days either side of the issue date on bill number 7, he had managed to submit all three bills "within 21 days of the issue date on bill number 7."?

Unless, of course, TMO received bills number 5 & 6 from him more than 21 days prior to the issue date on his bill number 7. (Which could well be the case.)

It is, however, a point that is of considerable significance to anybody who has made such a error and is looking for a potential remedy. Particularly if they have had the foresight to include the requested SAE and TMO returned their original bills 5 and 6 when they rejected the claim!

"Shelby" you have made it easier to understand what i was trying to say but i m still not sure on what really is my possition

i sent my bills 5-6 throught Next day as they have changed their address so they received it on 19th of July 2007..

i called them but they didnt wanted to discuess cashback over the phone, i askd him if he could just post the bills 5-6 back to me and i would pay the postage which i dont mind. he said ok and the funny thing is he didnt evan ask me my account number or my name or my mobile number so i asked him how you going to send it to me as you not got my address name account number nothing he gave me kinda smile and said well would would send them to you after you made appeal in writting. but by then the time for my cash back would have past..
soo well he took my name and address and said he will pass my details on to cashback department and they will get back to me and e-mail me bout the matter..

do i wait for them to send me the bills OR do i Ask my nework provider to send me copies of the bill ORR do i send photocopies of 5-6.... as they know they got the origonals ....

i am thinking if i send them all 5-7 on time within these 21 days i might have a chance. as i m not sure bout this claiming in two parts thing...

there is this thing if i ask my network for copies they would charge me plus i cant be sure whn they get deliverd to me.. and if i ask for copies from the network and TMO still refuses then it would be just waste of extra moneny..

kltpzyxm

Jay22 wrote: »

"Shelby" you have made it easier to understand what i was trying to say but i m still not sure on what really is my possition

i sent my bills 5-6 throught Next day as they have changed their address so they received it on 19th of July 2007..

i called them but they didnt wanted to discuess cashback over the phone, i askd him if he could just post the bills 5-6 back to me and i would pay the postage which i dont mind. he said ok and the funny thing is he didnt evan ask me my account number or my name or my mobile number so i asked him how you going to send it to me as you not got my address name account number nothing he gave me kinda smile and said well would would send them to you after you made appeal in writting. but by then the time for my cash back would have past..
soo well he took my name and address and said he will pass my details on to cashback department and they will get back to me and e-mail me bout the matter..

do i wait for them to send me the bills OR do i Ask my nework provider to send me copies of the bill ORR do i send photocopies of 5-6.... as they know they got the origonals ....

i am thinking if i send them all 5-7 on time within these 21 days i might have a chance. as i m not sure bout this claiming in two parts thing...

there is this thing if i ask my network for copies they would charge me plus i cant be sure whn they get deliverd to me.. and if i ask for copies from the network and TMO still refuses then it would be just waste of extra moneny..

Hi Jay,
my T&C state (Section 11) that original bills must be sent and NOT copies. I took my contract out in Oct 2006 and it was still included in the T&C from the website that I saved in June 2006.....my guess is they would reject your new claim based on that fact.....