The Mobile Outlet

imsi

Thanks James

James212 wrote: »

Anyway, just get the important points of your claim down. MoneyClaim online is just there to resolve the vast majority of claims against people/companies effeciently (I think 80-90% of claims via MoneyClaim online are not defended). If the claim is defended, my understanding is that it is taken 'out' of MoneyClaim online and is handled in the 'real world', i.e. via the County Court / Small Claims system, at which point I feel sure that you would be able to add as much detail to the claim as you wanted.

Fine, but I'd like it to sound as much as possible like I know what I'm doing so they won't defended it. Any examples around that I might edit and use?

James212 wrote: »

I never bothered to claim for interest in my case. Someone told me I should've, but I wasn't sure what rate of interest you could apply, 5%? 8%? :rolleyes:
My original cash back claim was around £185, and I had to wait less than 3 months for this (3 months based on if TMO had paid me within 28 days of my claim (as per my T&Cs I signed up to) and when they eventually sent me a cheque after I applied for a warrant).
Say 5% annual interest, would equal just £2.31 on £185 for 3 months. So I didn't bother to claim interest, as I thought the claim maybe scrutinised in more detail or open to defence, than if I left this off and kept it simple. Obviously, on my claim it didn't make much difference, although if it had been owed, for example, £420 and had been waiting 6 months (approximately £10 interest), I may've claimed for this.

James

Well the drop down on the Money Claim Online fom says:

"Do you want to reserve the right to claim interest?
Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}."



So 8% seems to be ok.

I'm owed £360 since August 06 when 1st claim was refused or possibly £180 from this date and £180 from Feb 07(which is when my second cashback would have been paid if they had let me claim it!)
If I'm going to get money out of these clowns, I'd like to get all I'm owed if possible.


If I initially claim the wrong amount would the court allow an adjusted figure?

thesaint

James212 wrote: »

Just to clarify what I would do, obviously tell MoneyClaim that you do not accept the defendant's response, the amount is still outstanding, and take it from there. You may have to request a warrant to get a response from TMO, but the cost of this will just be added to your total claim. Just so long as you have given them ample opportunity to cancel and reissue the previous cheque(s), (I would suggest 28 days?), then I would assume that any longer than this demonstrates that the defendant is deliberately withholding payment from you and I would think a court would agree.

I thank you for spoon feeding a fellow sufferer, I believe in the old saying:

Give a man a fish and he'll eat for a day, teach a man to fish and he'll eat forever. :A

boatman

Sent in my first cashback claim by special delivery to 'The mobile outlet, suite 3-4 etc, bd17 7ad, looked to check it was delivered and on the royal mail page and it stated, "As the item was redirected, it will have taken longer than usual. Please ensure the correct address is used for future mailings". It was delivered the day after i sent it.
The only difference from where i sent it and their webpage now is their cashback address starts " Line Rental Entitlements (Cashback), The Mobile Outlet, Cashback Dept". Why was it stated that it was redirected?? On my terms and conditions there was no specific address to send my claim, only the address on the front of the dispatch note.

kltpzyxm

Hi boatman,
that is the correct address to send cashback claims to.
TMO currently have a redirect on the bd17 7ad address.
My third cashback was redirected, but I still received it eventually.....
I have also submitted my 4th cashback, which was also redirected, which normally means one extra days delay in it being delivered (in the case of Special Delivery) and can also delay the electronic Proof Of Delivery appearing on the web....but after 5 working days, you should see the ePOD on the royal mail portal.


HTH

imsi

imsi wrote: »

Fine, but I'd like it to sound as much as possible like I know what I'm doing so they won't defended it. Any examples around that I might edit and use?

---

If I initially claim the wrong amount would the court allow an adjusted figure?

Well no suggestions yet, so I found site about bank charges with a step by step guide to the [SIZE=-1]Money Claim Online procedures.[/SIZE] http://www.claimbankchargesback.co.uk/complete-guide-to-using-money-claim-online

I've adapted their suggested details to suit my own claim.
Here it is. I'd welcome any comments or improvements esp. 1. and 2. which don't sound quite right.
Maybe even some legal type person could write a template type thing for anyone to use.
Here's my effort:

1.The Claimant bought a phone and contract
(Order # ******, Customer # *****)from the
Defendant on **/*/2006
2.A cashback refund on
submission of monthly bills at 6
months(£157.50) and 12 months(£210.00) was
agreed.
3. The Defendant rejected the 6 month
claim on the basis that the first month's
bill was a copy (supplied to Claimant by the
Network Provider) and disqualified Claimant
from claiming cashback at 12 months.
4.The Defendant contends that the terms
and conditions allow only original bills.
5. The Claimant contends
that these conditions are in breach of both
the Unfair Contract Terms in Consumer
Contracts Regulations (1999) and the Unfair
Contract Terms Act 1977.
6. Claimant claims: (a) payment of the cash-back
entitlement of £***.** which represents the
full 12 months cashback including the remainder of
cash-back that was deemed invalid; (b) Interest per
S.69 County Courts Act 1984 of 8% - £**.**
continuing at 8% until judgement or settlement
at a daily rate of £*.**

kltpzyxm

Hi Brenda,
glad to hear you have received CB#4 payment.
You're on the home stretch now....
TMO received my CB#4 claim on 26 September, so I'm approx 4 weeks behind you. I'll give an update on the progress of CB#4 when something happens....

thesaint

imsi wrote: »

Well no suggestions yet, so I found site about bank charges with a step by step guide to the [SIZE=-1]Money Claim Online procedures.[/SIZE] http://www.claimbankchargesback.co.uk/complete-guide-to-using-money-claim-online

imsi,
I must congratulate you in doing some research into your problem. :beer:

I get tired of adults who signed up to a contract wanting their hand-holding through every single stage of this Cat & Mouse game that we voluntarily got ourselves into.

The person that yesterday asked about the mail being redirected, would've got short thrift from me if i'd read their post before kltpzyxm answered them.

:mad: :mad: :mad:

This question has asked many times before, i'm sure that if they had a look, they would've found it within 5 mins. Asking and answering these questions makes this thread extremely long, which in turn makes people less inclined to read it to get their answer.

PEOPLE READ THE THREAD BEFORE ASKING!!!

Anyway deep breaths :cool:

imsi wrote: »

I've adapted their suggested details to suit my own claim.
Here it is. I'd welcome any comments or improvements esp. 1. and 2. which don't sound quite right.
Maybe even some legal type person could write a template type thing for anyone to use.
Here's my effort:

1.The Claimant bought a phone and contract
(Order # ******, Customer # *****)from the
Defendant on **/*/2006
2.A cashback refund on
submission of monthly bills at 6
months(£157.50) and 12 months(£210.00) was
agreed.
3. The Defendant rejected the 6 month
claim on the basis that the first month's
bill was a copy (supplied to Claimant by the
Network Provider) and disqualified Claimant
from claiming cashback at 12 months.
4.The Defendant contends that the terms
and conditions allow only original bills.
5. The Claimant contends
that these conditions are in breach of both
the Unfair Contract Terms in Consumer
Contracts Regulations (1999) and the Unfair
Contract Terms Act 1977.
6. Claimant claims: (a) payment of the cash-back
entitlement of £***.** which represents the
full 12 months cashback including the remainder of
cash-back that was deemed invalid; (b) Interest per
S.69 County Courts Act 1984 of 8% - £**.**
continuing at 8% until judgement or settlement
at a daily rate of £*.**

A template, may not be a good idea, as there are so many variables?

I think that 1 & 2 sound fine, If possible, I would however change point 5 to include the relevant part that the defendant has contravened.

I will give you an example, I use terms that are real, but not the ones you need, so look up the real ones.

The unfair contract terms... is a non exhaustive list, so you can quote one, and adapt it to suit. I would contend that a bill sent by the network, is not a copy (Even if they write copy on it) but a re-print. I would state that you thought that the defendant meant photocopies are not accepted(I would argue this in any case).

5. The Claimant contends
that these conditions are in breach of both
the Unfair Contract Terms in Consumer
Contracts Regulations (1999) (subsection 11 paragraph 3)

e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

and the Unfair
Contract Terms Act 1977

.(Subsection 3 paragraph j)
m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;

I would say that your case would be stronger if you complied with the 2nd stage of the cashback process.

Good luck :A

grayme-m

thesaint wrote: »

imsi,
I must congratulate you in doing some research into your problem. :beer:

I get tired of adults who signed up to a contract wanting their hand-holding through every single stage of this Cat & Mouse game that we voluntarily got ourselves into.

The person that yesterday asked about the mail being redirected, would've got short thrift from me if i'd read their post before kltpzyxm answered them.

:mad: :mad: :mad:

This question has asked many times before, i'm sure that if they had a look, they would've found it within 5 mins. Asking and answering these questions makes this thread extremely long, which in turn makes people less inclined to read it to get their answer.

PEOPLE READ THE THREAD BEFORE ASKING!!!

Anyway deep breaths :cool:

Answer a man's question and he is fine until he asks another, teach a man to search and he is fine forever (or at least until he asks a question unanswered before)

grayme-m

Brenda wrote: »

Talking of unanswered questions, could you finally tell everyone here the outcome of all those unpaid TMO cashback claims of yours you let run into serious, unpursued and overlapping arrears while you scoffed at me publicly for chasing my own claims out of TMO as soon as they fell due?

I have been totally frank about the progress and results of all my own claims and have posted them on here.

You have been totally evasive about yours and revealed nothing.

People who read this thread, wondering what to do when their own claims with TMO become outstanding, need to be able to compare the success of my strategy with the failure of yours.

Where should we search for your detailed report of that? (Even if we are women.)

I am asking you a question that is (serially) unanswered before.

Please will you post on here the outcome of all your claims, as I have done.

(This post is a work of fact. )

Just for you...

We (my wife and I) have each had a contract with TMO and both were fully paid out.

I really cannot be bothered to go into days late or similar but all payments were received after the 28 days in their T&Cs which to be honest I think they were stupid to use; most competitors seem to go for 60.

I prodded them for each cashback, I did threaten them by email once with the SCC for my second and final cashback on my contract.

On the wife's contract we had the problems with O2 not sending bills out at all for the tenth bill and us having to chase them which took an inordinate amount of effort.

I kept TMO informed at all stages of the lack of bills and sent the proper bills when I received them with a covering letter each time stating the situation and stating that as TMO were outside of the timescales for payment in their own T&Cs, we strongly hoped that they would allow us to in effect use some of those days in lieu for something that was outside of our control.

It took a fair bit of prodding to get a response and then two emails responding to one of mine forwarded onto forumqueries@.. came back within minutes.

The first asked for more information, the second said that they needed more information and the second apologised for the decision and said that funds were on their way the following week.

Two days later a letter arrived saying the claim was void as the tenth bill wasn't sent, it became clear what the second email was apologising for.

Painless? No. Painful? Not really either (easier than with Mobileshop, at least it would have been if O2 weren't so useless). These TMO threads have been more painful if not at times also helpful.

I tried to remain positive and curteous with them at all times, all documents were sent to them, recorded delivery with a short covering letter (apart from with the O2 billing problem) saying, basically 'here are the bills'.

I'd consider going with them again if I hadn't got a 12 month for the price of 1 deal with CPW and wasn't concerned about the number of people finding they have to take them to court.

Personally I find posts where people update continually at each and every stage rather tedious, but you did ask.

grayme-m

Signature lines are not normally taken seriously, mine seems to be on this thread (whichever one I use).

CPW offered it over the phone and then after sending nothing through in the post as promised confirmed by email, without any disclaimers so that is good enough for me (and should be the court too if need be ).