The Mobile Outlet

Allan87

Cheers, no sign of it in my online banking page yet so will keep a look out. The contract I took out doesn't have a web n walk plan included but instead of paying a maximum £1 a day are TMO ok with me adding extras on and still honouring the cash-back on the basic line rental?

thesaint

Allan87 wrote: »

Cheers, no sign of it in my online banking page yet so will keep a look out. The contract I took out doesn't have a web n walk plan included but instead of paying a maximum £1 a day are TMO ok with me adding extras on and still honouring the cash-back on the basic line rental?

Instead of saying "Cheers" click the 'Thanks' button, that's how we do things around here .

I use this method in a lot of queries here, but I will say this in response to your question:

Phone/e-mail/write The Mobile Outlet with your question. Tell them what you will do unless they tell you otherwise.

For example:

Dear mobile Outlet,
I would like to add 'Web & Walk' to my T-Mobile contract.
I have read my contract with you, and it is unclear whether upgrading my contract to a more expensive one effects my cashback claim.

If I don't hear from you within 7 days, I will take it that it is okay for me to do this.

Yours sincerely

Allan87

mobilejunkie

I've been looking at this recently myself with another dealer. Unfortunately it may not be possible to claim the remaining cashbacks as well since they haven't actually refused to pay the latest (and therefore renaged on the whole contract). It's annoying, but although I feel exactly as you do about appeasements with operators like this you might like to take some free legal advice first should you belong to any such services. It might be a case of having to claim just the late payment after due notice. If you check that out too, let us know what advice you get!

Quentin

They don't need to refuse payment to breach the contract.

If they don't comply with the agreed terms regarding when the payment will be made they have breached the agreement.

Such a breach is a fundamental one, and the whole amount can be claimed.

mobilejunkie

Interesting! I will consider that in my own case then should I have to go that route - though I think it won't be necessary.

Quentin

Brenda wrote: »

Business is business, courts uphold contracts and bailiffs enforce them. That's what they're for. Appeasers lose.

(See what you've turned me into, Quentin! :eek: )

My work is done!

kltpzyxm

What happens once a claim has been made for all outstanding cashback amounts via mcol if TMO pay you the installament which triggered your claim in the meantime? e.g. I am waiting for CB#3. If I filed a claim for CB#3/4/5 and TMO paid me the outstanding installment #3, where would that leave me?

Quentin

The claim just continues on its course.

If no defence is made, then ask for judgement for the amount still outstanding from the original claim.

kltpzyxm

Hi Quentin,
thanks for that

Shelby

Quentin wrote: »

My work is done!

Not quite, Quentin!

If you are not going to dispute my posted argument as to what a “stage” represents legally in the previous Terms & Conditions, and what it is permissible for the constituent parts of such a “stage” to include and in how many segments the claim may be submitted within a "stage", may it now be assumed everybody that you concede my argument is correct and that yours was not?

I’m not trying to score a point over you. It is an issue that is of great importance to many people who have considerable sums of money at stake after initially having submitted insufficient documentation with their cashback claims.

Do you also agree, Quentin, that if a retailer resolutely and falsely avows that a cashback claim did not contain the correct documents and the claimant can prove that it did, then the claimant should file formal complaint with the Police and Trading Standards (if not the Office of Fair Trading itself) that the retailer is palpably committing the criminal offence of attempting to obtain money by deception - with all the legal and penal consequences that flow from that?

I’m in the process of departing on business to the Far East and then Brazil for a month or so but please post your opinion: I shall watch this thread for it. A silence from you will be deemed by all to be your own concurrence with both my above expressed views.




Brenda,

Asking for interest is pushing it a bit when you’re claiming for immediate payment of instalments that would otherwise have been paid months ahead.

When you have a good argument it’s best to stick to it and unwise to risk losing the sympathy of a Judge over a small sum of interest which is in any case complicated to calculate.

In a case such as this you do not wish to appear predatory: you need to present yourself as a victim.

If The Mobile Outlet has any sense (?) they’ll pay you when they get your LBA rather than incur legal and court costs as well. (Assuming they actually have enough money to do so...)

If they don't, then follow Quentin's advice and go for it.