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  • yatin123
    yatin123 Posts: 216 Forumite
    Part of the Furniture Combo Breaker
    Hello,
    Just to let you know, I emailed forumqueries and got an immediate reply from them saying taht my cashback will be paid in 5 working days. Thanks for all the help.
    I am quite happy to see that TMO has responded to my mail quickly.

    I will keep you posted abt my payment.

    Thanks again!
    Credit card debt:
    MBNA: £1000
    RBS: £3500
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    yatin123 wrote: »
    Hello,
    Just to let you know, I emailed forumqueries and got an immediate reply from them saying taht my cashback will be paid in 5 working days. Thanks for all the help.
    I am quite happy to see that TMO has responded to my mail quickly.

    I will keep you posted abt my payment.

    Thanks again!

    yatin123,

    I'm pleased that you got a speedy response to your query.

    kltpzyxm gave you good advice in directing you to page 1, it would be common courtesy for you to go back to his post and press the 'Thanks' button. :)

    Please update for us to see if they indeed keep their word, I expect they will as they coincidentally appeared on this thread the same day that someone mentioned that they were having trouble receiving their money through the court applying for warrants, and getting bailiffs involved.

    This is not good reading for The Mobile Outlet, as this period is when most people buy "Shiny new phones". :A
    Well life is harsh, hug me don't reject me.
  • sjain2
    sjain2 Posts: 6 Forumite
    James,
    Thanks for information. I issued the warrant, let's see how long they take to give back my money. I will inform once will receive the money. Is there any chance that ballif can't get money (Mobileoutlet go bankrupt or any other reason).

    Sandy
    James212 wrote: »
    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
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    sjain2 wrote: »
    James,
    Thanks for information. I issued the warrant, let's see how long they take to give back my money. I will inform once will receive the money. Is there any chance that ballif can't get money (Mobileoutlet go bankrupt or any other reason).

    Sandy


    It is extremely unlikely that the Bailiff will not be able to get the money they owe you. They can refuse to pay, but I can't see this happening.

    If they go bankrupt :eek: then you will join a list of people that they owe money to, in reality you will receive nothing if this were to happen.
    Well life is harsh, hug me don't reject me.
  • James212
    James212 Posts: 62 Forumite
    sjain2 wrote: »
    James,
    Thanks for information. I issued the warrant, let's see how long they take to give back my money. I will inform once will receive the money. Is there any chance that ballif can't get money (Mobileoutlet go bankrupt or any other reason).

    Sandy

    Hi Sandy,

    Yes, I think that if TMO went bankrupt then there is a good chance we would lose our money. I don't know know where we would stand as 'creditors' if TMO went into administration. I use the inverted commas, with respect especially those who were yet to make cashback claims (i.e. usually if a company goes bankrupt, you are either owed money or not. But what if you have just begun a 12 month contract and are yet to claim cashback? I'd like to think you could just claim straightaway that you are owed the cashback for the 12 month term of the contract, but I'm not sure about that). If there is anyone out there with a better understanding of this situation where a company goes bankrupt, I'd be interested to hear of it, as this aspect has always worried me.

    Back to your situation, hopefully, now that you have requested a warrant, it should not be long until you receive your money. If your experience is anything like mine, don't be surprised if you get a cheque in couple of weeks time, but dated the date before the date of the warrant and for the amount you are owed minus the £55 cost of the warrant.

    Personally, I think TMO did this to me so I thought "Well, they've paid my cashback and my £30 MoneyClaim Online fee, so I'll not bother to persue them for the £55, as it looks like they wrote the cheque before the warrant was issued". I don't believe they wrote me a cheque on the date that the cheque was dated, and that it subsequently took 2 weeks to send me the cheque. I think they waited until they were faced with the situation where baliffs turned up looking for £300+ worth of property to sell to reclaim the total cost of the warrant, then sent me a predated cheque. This would mirror a similar situation before, where TMO only wrote to me, offering me 1/2 of my cashback, as final settlement, after I had initiated a claim online (i.e. I don't think they would've responded to my initial complaint at all if I hadn't started to claim against them).

    Anyway, if (like me), you now receive a cheque from TMO for any less than the amount of your warrant (which now includes the £55 it cost you), you need to send a letter to the bailiff at the court, telling them you have received part payment, and that you want them to persue TMO for the remainder of the warrant. If you get a cheque for the full amount then Happy Days! just send a letter saying you have been paid the full amount of the warrant. A couple of things to add, you can fax the letter rather than post if you have access to a fax machine, (I didn't have much joy when e-mailing the bailiff and have had to resort to the phone/post/fax). Also, I would wait until a week after cashing the cheque before I contact the bailiff, hopefully if there is any problem (i.e. with the cheque bouncing) you should have a better idea if this is going to happen if you wait a week.

    I will contact the bailiff myself at the end of the week to find out what's happening to my £55. Last time we spoke (24/09) she was changing the address on the warrant).

    Hope this helps!!

    James
  • James212
    James212 Posts: 62 Forumite
    sjain2 wrote: »
    Is there any chance that ballif can't get money (Mobileoutlet go bankrupt or any other reason).

    Sandy

    Hi Sandy,

    I forgot to add that, I agree with "theSaint", i.e. barring TMO going bankrupt, I would think it very unlikely that the bailiff would not be able to recover the amount of your warrant.
  • taz63
    taz63 Posts: 68 Forumite
    Just to keep you updated, tmo have finally emailed me, saying thay will reinstate my claim plus any future claims, but are still saying bill 4 is missing. Its now day 47 since they received my claim, so they are already in breach of their contract, i've given them until friday to get the cheque to me, lets see what happens.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    taz63 wrote: »
    Just to keep you updated, tmo have finally emailed me, saying thay will reinstate my claim plus any future claims, but are still saying bill 4 is missing. Its now day 47 since they received my claim, so they are already in breach of their contract, i've given them until friday to get the cheque to me, lets see what happens.

    Your case interests me greatly, did you tell The Mobile Outlet that you had video evidence that you had sent all the required paperwork?

    If you did, you shouldn't have.;)

    If you didn't, strange that they'd decide to pay you hundreds of pounds when they are under no obligation to do so. :rolleyes:
    Well life is harsh, hug me don't reject me.
  • taz63
    taz63 Posts: 68 Forumite
    yeah, i did. Why shouldn't i have??
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    taz63 wrote: »
    yeah, i did. Why shouldn't i have??

    They committed a criminal act, of which you had proof.

    If you had played it differently, you would've got all your money now without the need to send multiple claims.

    I wish they'd try it with me, i'm jealous. :cry:
    Well life is harsh, hug me don't reject me.
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