The Mobile Outlet

Shelby

MonkeyKong007

Basically, it doesn’t look good. There may be some hope, though.

As you’re probably well aware, TMO is only able to offer the deals that it does because it attaches stringent Terms & Conditions to them that a lot of people, for one reason or another, foul-up on and thereby lose their cashbacks.

Seems like you did that with your third claim.

At first sight, your situation looks hopeless - but there may be a way out.

In its contract with you, TMO contracted to pay you your cashbacks within 28 days of receiving a valid claim from you. If TMO doesn’t do that, it’s in breach of its contract with you.

Your hope of salvation revolves around who breached the contact first, you or TMO.

From what you write, it looks as though you complied with the T&Cs for your first two claims. If you hadn’t, you wouldn’t have got your cashbacks.

So, the question is, did TMO pay you those two cashbacks within 28 days of receiving your claims?

If it didn’t, TMO itself breached your contract (by failing to pay the claims on time) before you did (by failing to file your third claim on time).

So, check that out.

Did you photocopy the cheques you received from TMO for your first two cashback instalments, before you paid them in? I know some people did.

One of the advantages of the old system, when TMO made payment by cheque, was that TMO frequently made the error of dating its cheque on the day it issued a late payment.

Those who photocopied the cheque before paying it in thus had proof that TMO had indeed breached the contract and the late payment was not due to delays in the post.

(This is one of the disadvantages of receiving payment by BACS.)

What it boils down to is this: if you can prove that TMO paid either of its first two cashbacks to you late, then you were entitled to claim against TMO for the whole of your remaining cashback (so you should consult your local Trading Standards Office about how to do that).

If, on the other hand, you were paid both your cashbacks by TMO within 28 days of them receiving your claim, then you breached the contract first: you’re stuffed and you’ve lost your money.

It’s worth checking out because only one person on this thread (or the previous two about TMO) has ever claimed to have received his cashback within the 28 days.

This was somebody called “mar<” whose postings you can read if you perform a search.

Ms-Money-Penny

Thought i was doing really well with my cashback.
Had no problems with my first part of the cashback. Sent my 11th month bill in May and i received an email exactly 28 days later saying it had been filed. Sent my 12th month bill via special delivery on 16th May and it was received by TMO on 17th May, it is now over the 28 days and no email. Following this thread i have now emailed forum queries, so fingers crossed.

MonkeyKong007

Shelby wrote: »

MonkeyKong007

Basically, it doesn’t look good. There may be some hope, though.
.

Thank you so much for the advice and your time.

I unfortunatley have received BACS payments. Do you think a bank statement detailing the time it went into my account would suffice? Its never been before 28 days

mobilejunkie

Would like to add my twopence worth!

BACS takes 3 working day6s from the time they SEND it. I have been to the small claims court many times (but not for two-three years) and they are usually very reasonable. I think they would fully accept that if your statements show the money arrived on a certain date it couldn't have been sent much sooner than three previous working days. If the margin is much greater I doubt they could convince the court they paid on time - but really doubt they would even turn up!

thesaint

Wouldn't it be good if the Mobile Outlet operated a system where you could use the days they were late paying customers cashback and tag it onto the 21 days needed to submit your next claim.

For example, lets say I submit my first claim on time, the Mobile Outlet take 38 days to credit my account.

This would mean that they 'Owe' me 10 days. On submitting claim No2 I would then have 38 days to do so. This would get rid of the unfair way they choose to apply the contract terms.

Anybody see a downside?

mobilejunkie

By the way...

I've read an awful lot on these (and other) threads about people making claims, but no-where have I read that they have included interest on the money owed. THAT is available but only if you put it on the original claim (costs plus interest). Why should you fund these companies' businesses free and it MIGHT make them even more reticent to delay payments!

grayme-m

thesaint wrote: »

Wouldn't it be good if the Mobile Outlet operated a system where you could use the days they were late paying customers cashback and tag it onto the 21 days needed to submit your next claim.

For example, lets say I submit my first claim on time, the Mobile Outlet take 38 days to credit my account.

This would mean that they 'Owe' me 10 days. On submitting claim No2 I would then have 38 days to do so. This would get rid of the unfair way they choose to apply the contract terms.

Anybody see a downside?

No it wud b grate

rabidelephant

Well I can report a completely painfree 12 month cashback on the K750i deal. A little slow but no need for prompting.

To be honest if the first cashback hadn't been such a pain in the but I would have considered a new deal. Unfortunately first cashback took some arguing and it just wasn't worth the grief again.

Shelby

thesaint wrote: »

Wouldn't it be good if the Mobile Outlet operated a system where you could use the days they were late paying customers cashback and tag it onto the 21 days needed to submit your next claim.

For example, lets say I submit my first claim on time, the Mobile Outlet take 38 days to credit my account.

This would mean that they 'Owe' me 10 days. On submitting claim No2 I would then have 38 days to do so. This would get rid of the unfair way they choose to apply the contract terms.

Anybody see a downside?

Saint,

The downside of that would be to confer on TMO the right not to pay cashback claims within 28 days.

And this would remove from the contract the criticality of timescale observance that currently is fundamental to it and which currently enables those who are not paid on time to pursue TMO through the courts for their entire cashback entitlements when TMO fails to pay them within 28 days.

But you know that perfectly well.

The problem is that others might not realise that you're joking. :doh:

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MonkeyKong007,

No problem with the BACS. Remember that your contract with TMO requires TMO to deliver payment to you within 28 days, not to send it to you within 28 days.

(Could you be so kind as to go back and edit out your quote of my previous reply? It takes up rather a large amount of space!)

- - - -

MobileJunkie,

You're absolutely right about the interest. This point was raised in a previous thread.

- - - -

Ms Money-Penny,

A cynic would suggest (libelously) that TMO was expecting you to get your first claim (after six months) correct and then fall carelessly into the trap of filing your 11th and 12th claims together (as so many have) so they would not have to pay you your second cashback.

A cynic would also suggest that your getting it correct has screwed up their game plan and budgeting.

Since I am neither a cynic nor a libeler I shall say neither.

- - - -

RabidElephant,

The finest and most profitable vengence you could exact on TMO, if you are unhappy with them, would be to take out another contract with TMO and extract the cashbacks on it! (Think this through.)

- - - -

Grayme-m,

By calculation from your previous postings, today (17 June) your cashback is now fifteen days overdue.

Earlier in this thread, TMO stated that your cashback (in breach of your contract) would be delayed "10 to 14" days.

Have you received your money? Have you, indeed, received anything?

And, if not, what have you done about this?

Please could you tell us.

thesaint

rabidelephant wrote: »

Well I can report a completely painfree 12 month cashback on the K750i deal. A little slow but no need for prompting.

To be honest if the first cashback hadn't been such a pain in the but I would have considered a new deal. Unfortunately first cashback took some arguing and it just wasn't worth the grief again.

I don't understand how you had "a completely painfree 12 month cashback" and then state that your:"first cashback took some arguing and it just wasn't worth the grief"?