Taking mobile networks to court for cashback payments

wavefinder

hi, can you expand a bit on the suing of orange in county court,as i am pxxxxxd off with orange and their lack of help in my cashback problem with express mobiles! cheers.

benjyf

In my particular case, the main (possibly only) reason I won was because T-mobile didn't bother responding to the claim, so the judge awarded the case to me (this is what happened in all bar one of the bank reclaiming cases.)
Having said that, I still believe I had a legal case.
The questions I would pose are the following:

• If they can’t produce a contract from the time of sale, why can’t one simply cancel it?
• Even if there was a contract, I would argue I thought I was ‘signing’ simultaneous contracts and therefore both should be void. Can they prove otherwise?
• The networks pay a commission for each sale the shop makes. This commission is only paid after 120 days of the contract (an industry insider told me this.) If the company went bust before this, it means the network are not only getting your full monthly line rental, but also this commission. Trading standards thought this was probably illegal.
• If you were to buy a similar contract with one of the networks, you are likely to be given a phone with an rrp of £600. As a result of the cashback deal, you might be given a phone with an rrp of £65.
• The networks have a responsibility to check who they allow as registered sellers and therefore it is all their responsibility.

Hope that helps, feel free to ask any more questions,
benjy

wenxiu89

I had a phone with 3 network, provided by mobile rainbow.

I had sent all the claims forms required by recorded delivery at the dates they specified, but did not receive any money back. the contact is going to end this month, in about 2 days time.

I have contacted 3, they said they don't take responsibility for the dealer., and rainbow mobile does not reply to the e-mail/fax or letter.

I wonder if you could give me some suggestion for what procedure I should take to get the money back (25x12=£300).

thanks,

mobilejunkie

You can sue the network, lose and run up a higher loss. You have no case and if you can't extract payment from Mobile Rainbow it's end of story unless you desire to throw more money (and aggravation) after bad. Your mistake was choosing this dealer in the first place and not fully understanding how cashback deals work.

Jonni2bad

Wow - that helps the previous poster no end!

Wenxui - does Mobile Rainbow still exists as a company? If it does, then you are going to have to issue court proceedings against them, but if they went bust then you are going to be out of pocket I'm afraid.

mobilejunkie

I acknowledge your expertise. Especially when following this thread (as either you or the person you are advising could if they bothered):-

http://forums.moneysavingexpert.com/showthread.html?t=189718&page=26&highlight=Mobile+Rainbow

Nothing like advice which encourages throwing good money after bad.

Jonni2bad

So why couldn't you explain that to the person, instead of belittling them?

Again...

Have you got issues? Would you like to talk to us about them?

mobilejunkie

Yes. People who repeatedly ask the same old questions without bothering to look for the answers first shouldn't expect repetition from those people who do the legwork. I gave them (and you) a clear and simple answer rather than guesswork or well-meaning suggestions without substance. What's there to talk about?

Jonni2bad

THAT post was clear and concise and didn't go anywhere near the previous attitude.

It doesn't take any longer to be nice, does it?

mobilejunkie

I was. Your version of "nice" apparently requires 3 posts.