The Mobile Outlet

James212

Hi Brenda,
I'm pretty sure the member of your household is 100% right. My story is that I've just been successful in claiming against TMO (via Moneyclaim Online) for the last six months of my 12 month contract. TMO tried to get out of paying this to me because I didn't comply with their terms & conditions. One of the clauses in their T&Cs didn't make sence to me. It was "send bills 11 and 12 within 21 days of the date shown on each of these bills". I understood this incorrectly to mean that the bills should be sent together, and TMO said they should have been sent separately. Anyway I claimed against them and they didn't bother to defend the claim, so I guess they knew they were in the wrong. So I got my cashback plus the £30 it costs to claim, but I'm still pursuing them for the £55 I had to pay to instruct the baliffs to serve a warrant. Subsequent to this, a helpful blogger on another blog has informed me of the following regulation in "The Unfair Terms in Consumer Contracts Regulations 1999":

7(1) "A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language"
7(2) "If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail."

In my case, I would have claimed that there was doubt in the meaning of the written term. The link for the full regulations is
http://www.opsi.gov.uk/si/si1999/19992083.htm
I didn't find out about this regulation until after my claim was successful, however I had faith in consumer law that this existed, so I am very pleased to know that it does.
By the way, I'm new to this forums, as I only started when I had to do some backgrond research when TMO rejected my cash back claim. Basically someone posted some info that essentially made me decide to claim against TMO. It is my view that TMO tried to trick me by wording their T&C in such a way that confused me and would otherwise have resulted in my losing £185 cashback for the last 6 months of my contract, so my intention is to put info out there that may help others to make a similar decision as I made and where possible claim against TMO to get their cashback!
James

Wannasave

Anyone know how to deal with problem of not being able to get bills to MO due to Vodafone not sending them? MO paid (eventually) my first 2 CBclaims but my 3rd claim was delayed because my last Vodafone bill dated Aug27 had still not arrived on Sep10 and despite several promises by Vodafone to resend I did not receive this bill until Sep20 (plus 3 more resulting from my various chases)too late to meet my 21 day deadline and in any case they were copies (not acceptable to MO). During one of my chases, Vodafone even suggested I downloaded bill but when I tried I found the download was inactive due to Vodafone repairs. I did send the copy as soon as I received it but I am expecting MO to reject it. Funnily enough the original bill turned up in today's post too late to help me. After considering a claim against Vodafone, I'll probably just write off my remaining CB claims but could I have done anything differently?

sjain2

Hello,
I would like to inform that i won the case in county court for my cashback problem with Mobileoutlet. Mobileoutlet didn't pay the money 1 month from court hearing. I need to go for enforcement court order. Is anyone has experience similr to this? I am surprised even after lossing the case why they didn't pay the money even they know after enforcement they need to pay more (Cost of enforcement).

Sandy

grayme-m

Wannasave wrote: »

Anyone know how to deal with problem of not being able to get bills to MO due to Vodafone not sending them? MO paid (eventually) my first 2 CBclaims but my 3rd claim was delayed because my last Vodafone bill dated Aug27 had still not arrived on Sep10 and despite several promises by Vodafone to resend I did not receive this bill until Sep20 (plus 3 more resulting from my various chases)too late to meet my 21 day deadline and in any case they were copies (not acceptable to MO). During one of my chases, Vodafone even suggested I downloaded bill but when I tried I found the download was inactive due to Vodafone repairs. I did send the copy as soon as I received it but I am expecting MO to reject it. Funnily enough the original bill turned up in today's post too late to help me. After considering a claim against Vodafone, I'll probably just write off my remaining CB claims but could I have done anything differently?

We're going through exactly the same with O2 not sending us bills; my understanding is that the contract is unfair if it is obligating us to do something beyond our control (i.e. send a bill we don't receive until after a deadline). I asked TMO if they would accept copy bills from the online billing but they refused. :rolleyes:

Apart from the odd joker, no-one has posted anything useful to assist so I guess we're on our own here.

I would recommend you send the bill you received today asap, that is what we did as it was all we could do (with a nice covering letter explaining the situation and the fact that the delay was both out of our control and follows three delays in payment in the past claims should mean the claim isn't invalidated...)

kltpzyxm

A cheque for CB#3 was waiting for me when i got home from work today which is day 62.
I'll be the first to admit that I've been lackadaisical in my pursuit of this CB, and have let TMO take the mick. It wasn't until I sent them a LBA that I got my CB.
CB#4 was delivered to TMO yesterday, so I'm pleased that I don't have more than one CB claim outstanding at the same time...but this will almost certainly be the case when I submit CB#5 in approximately one months time..as I'm sure that TMO will not have paid CB#4 by that time...
oh well...thats just the way it is

PJB

Documents were sent on day 21 and i am going to issue claim for whole years cashback. Further day 21 was a Monday so couldn't of sent day before.
Also could anyone give info if they have fought on similar basis, especially if they won!!!
:T :j :beer:

Wannasave

grayme-m wrote: »

I would recommend you send the bill you received today asap, that is what we did as it was all we could do (with a nice covering letter explaining the situation and the fact that the delay was both out of our control and follows three delays in payment in the past claims should mean the claim isn't invalidated...)

Thanks, I think I'll send the late bill on to TMO but my real beef is with Vodafone - not only did I receive their original bill a month after it was generated but they did not get replacements to me until nearly two weeks after I first asked them and they did not tell me they would be copies and they misled me about being able to solve the problem by downloading. I am really miffed about all this because I would have expected my biggest problems to be caused by TMO not Vodafone. I think I'll take advice from Trading standards etc to see what my case against Vodafone might be - I'll let you know. I'd love to know if other people have had similar billing problems with their network.

thesaint

Wow it's been busy on here today, i've been watching Judge Judy, so i'm ready to impart my new found knowledge.:D

James212 wrote: »

<snip>
In my case, I would have claimed that there was doubt in the meaning of the written term. The link for the full regulations is
http://www.opsi.gov.uk/si/si1999/19992083.htm
I didn't find out about this regulation until after my claim was successful, however I had faith in consumer law that this existed, so I am very pleased to know that it does.
By the way, I'm new to this forums, as I only started when I had to do some backgrond research when TMO rejected my cash back claim.

Thanks for your input James, I have been banging on about the unfair terms in contracts terms for ages, I believe that there is a link in "The cashback collectors" post on page 1, if there isn't, i'll pm him/her to edit the post to include it.

That's why when the terms and conditions changed in August I advised people to take the meaning that they are happy with if it's unclear.
Someone advised asking The Mobile Outlet for clarification, this is poor advice(In my opinion), as it weakens your position.

Always do your research before taking out a contract.;)

Wannasave wrote: »

<snip>
Anyone know how to deal with problem of not being able to get bills to MO due to Vodafone not sending them?

<snip>
I'll probably just write off my remaining CB claims but could I have done anything differently?

If my bills were late and it looked that it would mess up my claim, I would e-mail them on 3 of their addresses, and send a letter to them saying:

Dear Mobile Outlet,

My bills are late from the network. I have contacted them by e-mail, and they have replied that there is a problem with their billing system(include a copy of the e-mail, and the networks reply).

I understand that this could effect my cashback, so I will send the ones I have in my possesion(i.e bills 1,2&3), and send the last one once received.

Thankyou for your understanding :A

thesaint

I wouldn't "write off" a penny.:)

sjain2 wrote: »

Hello,
I would like to inform that i won the case in county court for my cashback problem with Mobileoutlet. Mobileoutlet didn't pay the money 1 month from court hearing. I need to go for enforcement court order. Is anyone has experience similr to this? I am surprised even after lossing the case why they didn't pay the money even they know after enforcement they need to pay more (Cost of enforcement).

Sandy

Well done for winning your case. :T

Paying in time to avoid further costs requires common sense.

PJB wrote: »

Documents were sent on day 21 and i am going to issue claim for whole years cashback. Further day 21 was a Monday so couldn't of sent day before.
Also could anyone give info if they have fought on similar basis, especially if they won!!!
:T :j :beer:

I am not that sure, but I believe that you need to give The Mobile Outlet a chance to correct their mistake.

Write/e-mail them with your new found knowledge, they should re-instate your claim.

If you don't need to let them know, then indeed claim the entire amount.

Wannasave wrote: »

I think I'll take advice from Trading standards etc to see what my case against Vodafone might be - I'll let you know. I'd love to know if other people have had similar billing problems with their network.

I do not believe pursuing Vodafone will get you anywhere.

Tyler_Du

My claim against TMO is being heard by the court soon, what advise can you guys (and gals) give me regarding this ? Should I be suited and booted, how do I address the Judge ? All the court documents have been submitted and I have my own notes which I might refer to for key dates, figures etc. What else can I do to improve my chances ?

GunJack

GunJack's in da (nice brand spanky new) house !!!!

GunJack's regular update - cb#4 of 5: day 22

Well, after moving into our new house and being without broadband until today (boo hiss barf !!) AND finding a water leak and now waiting for a new kitchen floor/cupboards/etc. thought I'd better get back here...

So, to business....cb#4 was today acknowledged by TMO as having been recieved and successful, however a warning that payments were running late (up to 45 days) was included. After my last couple being 50-ish days, I hope this will not become an issue. Cb#5 of 5 will be posted in the next week or so, as bill #12 is due out any day now. We shall see how things progress...

GunJack - you all missed me really, didn't you, eh, go on, admit it !!