The Mobile Outlet

mobilejunkie

If you were "meticulous" you'll be able to look up your recorded delivery number on Royal Mail's website to prove the delivery date.

titchieboy

I foolishly thought '1st class' posting would be fine! Am I therefore up the creek totally!

mobilejunkie

You obviously haven't done your homework (most don't!). This has to be one of THE worse companies and the number one rule is to cover yourself; not just meet their t&c but be able to prove it. Not even a certficate of posting I suppose? In any case, the t&c (I'm sure) TELL you to send recorded so I'm afraid you haven't been meticulous at all and have left yourself entirely vulnerable to an unscrupulous company (which was definitely very clear on here when you took your contract out).

thesaint

mobilejunkie wrote: »

In any case, the t&c (I'm sure) TELL you to send recorded

They don't tell you to use recorded delivery.:)

I'm sorry to say that tichieboy maybe stranded up **** creek without the proverbial paddle.

I would say this though.

In saying it arrived late, The Mobile Outlet have received the letter, it would be postmarked. Ask them what date the postmark has been franked with.

If it is postmarked more than 3 days before the end of the claim window, I would suggest a court would find in your favour. If they have 'Misplaced' the envelope, I would again suggest that a court would find in your favour.


It's a long shot, but worth it for £252:A

mobilejunkie

I don;t follow their t&c as closely as some other places, BUT I was sure they always asked for at least rc? They certainly do now, and I thought they always did?:-

11.6 It is your responsibility to ensure that we actually receive your Line Rental Entitlement (Cashback) claim. You should therefore ensure that your initial Line Rental Entitlement claim and any subsequent claim is sent to us by a guaranteed delivery service. We recommend the Royal Mail Signed for Service.

thesaint

No, they only suggested a delivery method since the change of t's&c's in August.
Prior to this date they only stated that it was the customers responsibility to get it to them on time.

thesaint

Brenda wrote: »

If TMO paid either of your first two claims late, and if you can at least prove that (can you?), you're entitled to argue that they breached the contract before you did and that when they did so (before your third claim even had to be filed) you had the right to claim immediate payment of the remainder of your cashback.

D'oh,

I forgot the "Days in lieu" defence.:o

I have suggested this before but forgot on this occasion.:D
I am forever inventing newer and inventive ways of retrieving situations that could be saved by easier means.

I need to be on the "Crystal maze" not here!

Alltheloginsaretakenappar

thesaint wrote: »

In saying it arrived late, The Mobile Outlet have received the letter, it would be postmarked. Ask them what date the postmark has been franked with.

If it is postmarked more than 3 days before the end of the claim window, I would suggest a court would find in your favour. If they have 'Misplaced' the envelope, I would again suggest that a court would find in your favour.

It's a long shot, but worth it for £252:A

Just to add to the advice in earlier replies -
TMO have their mail redirected, so you could argue that if, as suggested above, it was received just a few days late this redirection could have been part of the reason for the claim arriving late. Also it is not inconcievable that tmo can delay signing for their post by any number of days as it suits them, if you have proof of posting this would help your claim in such an arguement.

One more thing while I'm here - many people find this forum, or the relevant thread, only after they have encountered a cashback problem, by then it's often not very helpful to say what they should have done. It is tiresome for the experts to see people repeating mistakes that have been warned about time and time again in this thread/this forum, but let's not scare off newbies (or the lurkers who finally have a reason to sign up) who come here for help!



Apologies if my spelling/grammer/punctuation/papagraph constuction isn't 100% acceptable, but it's late on a Sunday night I got my point across well enough ;-)

kltpzyxm

Alltheloginsaretakenappar wrote: »

let's not scare off newbies (or the lurkers who finally have a reason to sign up) who come here for help!

Excellent words mate, we were all newbies once............

titchieboy

Impressed with all responses. Thank you all. In reply... 11.6 does not exist in my Nov 06 t&c... your spot on 'the saint'. 'Brenda' you have got me thinking... they did breach their contract in another way by sneakily deducting £5.99 for phone insurance (via company M-2U) from month one onwards despite saying in the t&c (Nov 2006) that 'you will receive three free months insurance' and at '£4.99' thereafter not £5.99 as taken from my account each month until I noticed it on month 6!... Kicked up fuss then and got fully reimbursed. Will draft out letter to TMO and will not lie down without a fight! I didn't say in 1st message (incase TMO read all this and therefore recognise my forth coming complaint) that I actually stand to loose £508 because my wife took out same deal (overseen by me!!) and therefore is in exactly the same perdicament...! She said at time that deal was to good to be true!!... I am getting a lot of 'told you so' looks in last 24hrs!! Anymore tips will be GRATEFULLY received. Thanks.