The Mobile Outlet

thesaint

Tyler_Durden_UK wrote: »

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 ?

It's been a long while since I went to court, so my memory's a bit hazy.:o

It does no harm to be suited and booted, a hoodie and shades may give off the wrong impression.

I don't think it will be a judge that you will be dealing with.
I forget the correct title, but the person I dealt with was a middle-aged dude in a suit.

You sit at a table with him(Or her, they let women sit on cases now(1st the vote, what next?)).

Keep it simple, cashbacks are baffling to someone that's not dealt with one before. Disprove The Mobile Outlets defence.

You should've provided a link to get some more advice, I can't be bothered to do a search.:)

Wannasave

thesaint wrote: »

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



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.:)


OK Saint, you should watch Judge Judy more often because you've inspired me. I'll take your advice and write to TMO and also remind them that they were a month late paying my first 2 CBs but Vodafone's e-mail reply didn't verify anything - their line on the phone calls had been 'blame Royal Mail' and only confirmed resends on the way in their e-mail.



I do not believe pursuing Vodafone will get you anywhere.

What do you think would happen if I claim against Vodafone?

(By the way, thanks for taking the trouble to help)

thesaint

Wannasave wrote: »

What do you think would happen if I claim against Vodafone?

(By the way, thanks for taking the trouble to help)

I don't believe that Vodafone have a responsibility to get a bill to you on time. This would be classed as a "Consequential loss".

If you were cut off due to not receiving a bill, then they would possibly help out with any consequence.

This is from Voda's t's&c's

5 . 7 We do not accept responsibility for delays in the billing of any charges

T's&c's often are unfair, but I believe this one to be fair.

By all means try to sue Vodafone, I'm no legal eagle despite watching 3 episodes a day of Judge Judy on ITV2

All of what I say on this thread is merely my opinion(Apart from 0870 numbers not being premium rate :rolleyes: ).

It's too late for you, but you need to pre-empt any problems that may happen with the Mobile Outlet.

In my cover letter I always include how many days late my last claim was paid. This would show a court that time is not a factor in the contract according to The Mobile Outlet(If I were to send my claim late).

I do not state that time is not a factor, I just infer it, just in case I want to take them to court for not paying my cashback on time.

James212

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

Hi Sandy,

When I replied to your PM earlier today, I didn't realise that you had posted this on the forum yesterday, therefore I am posting my response for the benefit of others.

Hi Sandy,
Just so I understand your situation, you have won the case against TMO, but they have yet to pay you the money, and you are wondering whether to enforce the court's judgement with a warrant?
If that is correct, in my opinion, yes, definitely, you should apply for a warrant today. I would not wait any longer. You should not lose your £55, because as soon as you choose to enforce the judgement with a warrant, the £55 is just added to the amount that TMO have to pay you. Even if TMO pay the original amount they owed you the day after you apply for a warrant, they still owe you the £55. Before I applied for a warrant, I double-checked this with the Moneyclaim Online helpline that the £55 cost of the warrant is added to the amount TMO owes, so there should not be any risk to you in doing this. When I spoke to the helpline, the person told me that if you want, you can even apply for a warrant immediately after you have won the judgement, however it is more fair to allow the defendant (TMO) maybe 1 week to pay up before applying for a warrant. But once you apply for the warrant, although you pay for this, it is added to the amount the defendant owes you.
In my case, I applied for a warrant about a week after TMO were served with the notice that I had won the case. In my case, the amount I claimed was around £215 (£185 cashback plus £30 cost of claim). If I remember correctly, the court send you (the claimant) a notice telling you that you have won the case, and a notice should also be sent to TMO (presumably telling them they have lost the case). So I waited about 1 week after I recieved this notice and telephoned TMO, stating that if they did not promise to post me a cheque the same day, that I would be applying for a warrant to enforce the judgement, and that this would cost them an extra £55. Someone at TMO took my details and said someone else from the cashback team would call me back later that day, but no-one did, so I applied for a warrant that evening.
Once I applied for a warrant, I recieved a cheque from TMO for the amount I was originally owed about 10 days later I think. But they have still not paid me the £55 yet. So I have had to contact the bailiff (at Bradford County Court) and tell them that TMO have only part paid the amount they owe me, and that they still owe me £55. So the baliff will pursue TMO for the remaining £55. I have no doubt that I will get the £55 back, but maybe I have to wait a couple more weeks. But the £55 is not as important as the original £215 that TMO owed me, which they have now paid after I applied for a warrant, so I am happy to wait as long as it takes for the £55.
One final point, I don't think TMO would have paid me anything until I had enforced the judgement with a warrant, so I would not delay any longer.

Good to hear you won your case.
Hope this information helps you!!!

James

Quentin

sjain2 wrote: »

............... 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).

This is a development possibly of some concern.

Normally a Defendant recieving a CCJ to pay the claimant would make sure that the payment was made within a month of getting the judgement.

This closes the matter, and the judgement doesn't appear on the register of CCJs.

Now that they haven't bothered to pay up, then the CCJ gets registered, and means that their credit status will be hit. Many suppliers will be updated about this via a newsheet of recent CCJs registered.

A firm would normally want to preserve its credit staus, and often only those that truly don't have any money allow this to happen, as their future already looks bleak, so another CCJ registered against them won't make any difference.

Of course it could just be an admin oversight!

James212

thesaint wrote: »

In my cover letter I always include how many days late my last claim was paid. This would show a court that time is not a factor in the contract according to The Mobile Outlet(If I were to send my claim late).

I do not state that time is not a factor, I just infer it, just in case I want to take them to court for not paying my cashback on time.

Hi there thesaint!

I read your above quote with interest, as I have done similar (although I included this when I was writing to TMO to complain/dispute when they rejected my 6-12 month cashback claim. I stated that the 1-6 months claim had been paid 80 days after TMO recieved the required documents, and not 28 days as their T&Cs say).
But I think I was on shaky ground if I ever were to claim this as a legal argument, as I think the term in the T&Cs that I signed up to said something like "Please allow 28 days for reciept of the cheque", and it does not seem to hold them to sending out a cheque within 28 days (in the same way, perhaps, as if it had said "We will send you payment within 28 days". Of course I accept that the term may have been different in the T&Cs that you signed up to (I signed up in June 2006).
I had a quick look at their current T&Cs, and it now sounds more specific:
"It [Cashback] is paid within 45 working days of our receiving your claim".
(I imagine they have omitted the phase "Cash Back Team", or something similar, after "our"! Good to see they're reviewing their T&Cs for these mistakes )
I have to say, the cashback process seems a lot more complicated now then even when I signed up (for my contract, cashback was paid in two stages, although you had to "claim" 3 times, by sending in bills 1-6, then bill 11, and bill 12. I guess the current T&Cs may be clearer in some respects, but I think the change to claiming in 5 stages for a 12 month contact has been made simply so that the % of people that miss a deadline increases. Cheers.

James

James212

Brenda wrote: »

There have been various reports on here that TMO is no longer operating from its Shipley address and that its mail is being redirected.

When your bailiff extracts your money from them, could you ask him at what address he found them and then post it on here?

Thanks again for your postings.

Hi Brenda,

No problem! I think I mentioned before that after being inspired by another blogger to take TMO to court, I did the same and won my £185 cashback claim, so after never using forums before, I'm trying to give something back, as I believe TMO are really out there to get you

Yes I believe you are correct! In fact I spoke to the baliff at Bradford County Court on Monday 24.09.07, as TMO still owe me £55 for the warrant, and she mentioned that they was a delay as all the outstanding warrants (just imagine how many there must be) were being corrected and reissued to a different address. I intend to check the status next week, so when I find out the new address I will post this on this forum, unless anyone else does before!
Cheers,

James

thesaint

James212 wrote: »

Hi there thesaint!

I read your above quote with interest, as I have done similar (although I included this when I was writing to TMO to complain/dispute when they rejected my 6-12 month cashback claim. I stated that the 1-6 months claim had been paid 80 days after TMO recieved the required documents, and not 28 days as their T&Cs say).
But I think I was on shaky ground if I ever were to claim this as a legal argument, as I think the term in the T&Cs that I signed up to said something like "Please allow 28 days for reciept of the cheque", and it does not seem to hold them to sending out a cheque within 28 days (in the same way, perhaps, as if it had said "We will send you payment within 28 days". Of course I accept that the term may have been different in the T&Cs that you signed up to (I signed up in June 2006).
I had a quick look at their current T&Cs, and it now sounds more specific:
"It [Cashback] is paid within 45 working days of our receiving your claim".
(I imagine they have omitted the phase "Cash Back Team", or something similar, after "our"! Good to see they're reviewing their T&Cs for these mistakes )
<snip>

James

Hi James,

The newer t's&c's are clearer regarding when they will pay you.:)

The old t's&c's say "Please allow 28 days for the delivery of cheques"
The Mobile Outlet put a lot of emphasis on time-scales, so I believe that this would be enough to convince the court.

It is possible that they fail to pay up, and this then causes your current account to be underfunded causing your direct debit to be returned.
They could then say that this non payment(caused by them) means that you will "loose"(sic) your cashback for the entire year.
Would a court enforce this ridiculous term that we agreed to?

A contract needs to be fair to both parties, the court can overule any unfair terms.

The letter I write is actually before any problems arrive. Trying to retrieve a failed cashback is always harder(but not impossible) if you have not done your groundwork beforehand.

James212

Hi Saint,

Ahhh yes you are quite correct ("Please allow 28 days for the delivery of cheques"), I remember this now.
I completely agree that common sense and fairness should dicate that if TMO expect customers to submit their claims on time, and forfeit any claims sent even 1 day late, that they should then give the customer their cashback within 28 days (or 45 days now stated in their T&Cs).

The example you give is interesting, and again I agree that it would be strange and very unfair for a court to not uphold a claim against TMO by a customer when the basis of rejected cashback claim was an unpaid direct debit, if you could prove that this was caused by previous delays in payment of cashback to your account. I imagine this is more relevent now as cashback is paid via BACS rather then in cheque form, although that shouldn't affect the basis of the claim.

Thanks, James

mcmanlyn

Just to let you all know MO's BACS system has kinda gone kaput and they are really delayed in sending out cashbacks at the mo. They seem to be resorting back to cheques instead of BACS now - not sure how long it will last