The Mobile Outlet

dasvictim

Shelby wrote: »

Hi all,

Tyler and rothers,

What they’re doing is testing is your resolve. They’re hoping you’re going to bottle out and drop your claim. If your case is valid, that’s the only card they have to play.

If you’re nervous, don’t display it on here: they’re watching your posts and gauging your determination.


Tyler,

It wasn’t wise to reveal, in the previous thread, whether or not you had received a Dispatch Note at all, let alone what Terms & Conditions (if any) were printed on it.

TMO would not have known what (if anything) you actually found in the box your ‘phone came in until you told them on there.

If you incurred your costs because TMO breached of its contract and failed to remedy it before you went to MCOL, you are entitled to your costs and will get them if you hold out. (Read oggsy's postings.)

That, of course depends upon whether you complied with the contract yourself.


salma (and jdandi)

If the T&Cs in your contract read: “forward us your 11 and 12 months bill, again this must be within 21 days from the date shown on each of these bills,” then you were required to send in each bill within 21 days of the date on it.

It stands to reason that if, by the very nature of monthly bills, you are going to receive these two bills more than 21 days apart, you were thus expected (and contractually obliged) to submit them separately.

That is what TMO would argue to a court and you haven’t got a valid defence to it.

Many, many people fell into that trap by not reading their T&Cs properly and the danger of it has been posted on this site, repeatedly, since last August.


Dasvictim,

What do you mean by “The relevant section is 11.5 I believe and unfortunately my Terms and Conditions only go up to 11.3.....” ?

What T&Cs are you referring to and what are you looking at?

The “rules” (T&Cs) of your contract with TMO don’t “change”. The ones with which both you and TMO are required to comply are the ones in force on the day you purchased your ‘phone and continue until the end of your contract. And they have always been posted in full on TMO’s website.

They haven’t altered in the last 5 months and have always required that you send in the Dispatch Note with your first claim.

It is you and not TMO that has made “an error”. A costly one, too.


What’s probably going to happen here is that the expensive mistakes made by dasvictim and salma (and jdandi) will pay for the costs of Tyler and rothers (if the latter don’t lose their nerve).

If they do lose their nerve and abandon their claims, TMO will win 4 goals to Nil and then have enough money to pay GunJack, nilocmac and Brenda, all of whom, it seems, did read the advice posted on the previous threads and have got TMO by the nuts.

There’s now a Guide on the first page of this thread that explains it all.

Seems to me that the one who has the best grasp on what’s happening up there is skip2mylou, when he/she (not clear which) posted:

“thanks for pointing out that TMO facing difficulties when it comes to paying out cashbacks...perhaps they've been oversubscribed to, by a customer base of conscientious organised types who are able to adhere to T&Cs like glue? i dunno...but it does seem like consumers are getting better at claiming cashbacks, and as a result this "difficulty in paying out" seems to be getting more and more pervasive.”

From the emails being quoted on here it isn't Particle Physics to work out what TMO's cash-flow situation is right now.

Shelby,

I appreciate your taking the time to answer my post. You mentioned that Terms and Conditions do not "change"... Unfortunately in this case they have! On the back of my welcome note that I received with my phone etc at the beginning of my contract were their terms and conditions. The relevant section only goes to Section 11 Sub Section 3 and no where does it mention that the welcom note needs to be sent with the initial claim. Since checking their website after my cashback rejection I have discovered that the terms now extend to Section 11 sub section 5!
As the consumer surely I only have to abide by what I have been sent as part of my package. Whether the terms they send out are different to those they post on their website or they have indeed "changed" them between starting my contract and my initial claim is irrelevant at this point I would think? The fact is THEY ARE DIFFERENT and that is TMO fault ... not mine!
Does this make sense now?
Still no response from TMO after nearly 40 days since sending all the information needed to prove this claim was legitimate and their error woeful.
I have taken legal advice and will be taking this to the small claims court.

Any more info you can provide would be great...

Oh and if you ARE watching TMO? Hows about a response?

Das Victim

sittingbond

salma wrote: »

thanks for the reply shelby.

so do you suggest I don't do anything as the T&C were unclear. It did say bills 11 and 1 within 21 days?

What do others think?

salma

It is unclear and misleading. Will be seeing them in court shortly after receiving the Notice of Trial Date. May be you can be my witness? :rotfl: :rotfl: Or vise-versa. :beer: Anyone else who has the same problem?

Shelby

Das Victim,

Short Answer.

What, if anything, was written on the back of a “Welcome Note” that you found inside the box your ‘phone came in does not form any part of your contract with TMO.

The Terms & Conditions of your contract with TMO are those you agreed to, online, when you bought your ‘phone - whether you read them at the time or not. You should have done, and you should have printed them out and kept them.

Both you and Mobile Matters (U.K.) Ltd. - which is the company that trades as “The Mobile Outlet” - are bound by that contract unless and until a court decides otherwise. TMO is holding you to it.


Long Answer.

The degree to which it is possible to give you advice is limited by the amount of information you provide to those from whom you seek it.

What you are discussing involves sight of documents, provision of dates, knowledge of such communication as has already taken place between you and TMO, and the degree to which this is recorded.

Without this information it is not possible to counsel you to more than a limited degree.

Let me, however, put it this way. It all starts from the point at which you entered into a contract with TMO and the Terms & Conditions of the contract that was jointly agreed between you. That is what a contract is.

If you bought your ‘phone online (which fact you have yet to reveal) you will at some stage of the transaction have agreed, online, to TMO’s Terms & Conditions (probably by clicking in a box displayed on the screen of your computer). In all likelihood, you also indicated that you had read them - whether, in fact, you had done so or not. When you did this, you were consenting to be legally bound by those Terms & Conditions.

It is to those Terms and Conditions that Mobile Matters (U.K.) Ltd. (which trades as The Mobile Outlet), considers you to be contractually bound - not what (if anything) was written on a “Welcome Note” that you found in the box containing the ‘phone when you took delivery of it.

You had certain rights, shortly after you entered into the contract, to extricate yourself from it. Those rights expired after a period of time, the length of which depends upon how you bought it.

If you did not do this, you are now bound by the contract to which you agreed unless you can persuade a court to release you from it. The grounds upon which you can seek such a release from the commitments of your contract are various and a matter upon which you need to seek legal advice from those who are both qualified to give it and can inspect the documentation that you have.

You state that you “have taken legal advice and will be taking this to the small claims court”. I don’t know what sort of legal advice you have taken but I am concerned by latter part of this statement because there is no longer any such thing as “the small claims court”.

You might find the following links helpful.

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

What you need to do if you wish to dispute the contract by which TMO considers you to be bound is to consult a solicitor, your local Trading Standards Office or your local Citizens Advice Burueau.

It is you who will have to initiate this action because it is you who wishes to extract money from The Mobile Outlet, not The Mobile Outlet who wishes to extract anything from you. The Mobile Outlet just wants you to go away and stop asking it for monies to which it considers you have forfeited your right under the contract to which it has proof you agreed and with which it claims you have failed to comply. It isn't interested in anything you found written on a "Welcome Note" that came with your 'phone and which does not form part of your contract.

Does this make sense now?


If you are going to reply to this, PLEASE don't "quote" it - it takes up enough space already.

GunJack

Ere, Brenda, are you suggesting I'm a berk for looking at that possibility ?? lol

Glad to see you got your cb#2, I should get mine within a fortnight based on the info so far. I won't bother looking in bank yet as they said 7-10 working days yesterday

We'll see in a fortnight.....

buzzman

buzzman wrote: »

How long are people waiting to hear from TMO about their claims?

They received my 1st claim on the 13th May and I've sent 2 emails to the forumqueries address but not heard a dickie!

Horray, :T after 31 days of them receiving my 1st claim I have received the email saying it has been accepted!

I also got a reply to one of my emails asking for some feedback on my claim which they wrote to allow 28 days for the application to be processed!!!

Payment will be via BACS within 7-10 days

The_Mobile_Outlet

Hi,

The implementation of a new system has resulted in claims being delayed by approximately 10-14 days. We apologise about this delay and understand such a delay is not ideal. Our new systems are fully operational and will enable us to process claims more quickly and efficiently than we have done in the past. Please accept our sincerest apology about the delay and for any inconvenience that has been caused.

Secondly all payments are now made by BACS. Please email admin@themobileoutlet.co.uk if your banking details are different to those used in your original mobile phone application. The admin team will contact you to update your records. For any other issue please use the forum email address (forumqueries@themobileoutlet.co.uk), your emails will be answered within 48 hours.

Once again we would like to take this oppurtunity to apologise to those customers whos payments have been delayed recently.

Kind Regards
The Mobile Outlet

grayme-m

The_Mobile_Outlet wrote: »

Hi,

The implementation of a new system has resulted in claims being delayed by approximately 10-14 days. We apologise about this delay and understand such a delay is not ideal. Our new systems are fully operational and will enable us to process claims more quickly and efficiently than we have done in the past. Please accept our sincerest apology about the delay and for any inconvenience that has been caused.

Secondly all payments are now made by BACS. Please email admin@themobileoutlet.co.uk if your banking details are different to those used in your original mobile phone application. The admin team will contact you to update your records. For any other issue please use the forum email address (forumqueries@themobileoutlet.co.uk), your emails will be answered within 48 hours.

Once again we would like to take this oppurtunity to apologise to those customers whos payments have been delayed recently.

Kind Regards
The Mobile Outlet

Welcome Back TMO! :T

I'll get the question in first so hopefully this can be resolved quickly; when you say delay of 10-14 days, that is over the 28 days after you receive our bills that you should pay cashbacks according to your T&Cs? (i.e. we can expect our Cashbacks currently within 38-42 days after you receive our bills and not within 56 days that has been a hot topic recently)?

(Just I believe it's been 39 days since you had may claim and I've not heard from you regarding payment...)

Shelby

The_Mobile_Outlet wrote: »

Hi,

We apologise about this delay and understand such a delay is not ideal.

"not ideal" ?

Forgive me, but as understatements go, I am reminded of the observation "not necessarily to Japan's advantage".

http://www.mtholyoke.edu/acad/intrel/hirohito.htm



Is the effect of this that TMO is now in breach of ALL its contracts?

TMO’s Terms & Conditions: “Once we are receipt of your original documentation, please allow 28 days for delivery of cheques.”

Quentin

Shelby wrote: »

Is the effect of this that TMO is now in breach of ALL its contracts?

TMO’s Terms & Conditions: “Once we are receipt of your original documentation, please allow 28 days for delivery of cheques.”

Of course they are - and they know it!

Not only is it a breach, but because the contract is all about submitting claims on time (otherwise the contract is breached) and paying up for the claim, then the breach is a "fundamental" one.

This means the contract has been voided when they don't pay on time.

Claimants would win in any scc actions for the full amount outstanding at the time of the fundamental breach.

kltpzyxm

Now that all further payments are to be paid via BACS as indicated by TMO above, is the statement

TMO’s Terms & Conditions: “Once we are receipt of your original documentation, please allow 28 days for delivery of cheques.”

still relevant??