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Cellular Phone Forum / Country Specific / UK Group / August 2006Mobile Outlet Cashback Refusal
I claimed my first 6 months cashback on a K700i that I got from the Mobile Outlet. They have written back saying they've refused the claim because I didn't send them my dispatch note along with the bills. However, nowhere in the T&Cs I agreed to at the time of the purchase does it say that I have to give them this, so I've written back enclosing a copy of those T&Cs to appeal, obviously. I also looked to see if there was some clause about changing their terms at any time and whether I had to be bound by that, but I can't see it. Sounds like a cock-up to me - has anyone else had problems with this? > I claimed my first 6 months cashback on a K700i that I got from the > Mobile Outlet. They have written back saying they've refused the claim [quoted text clipped - 9 lines] > > Sounds like a cock-up to me - has anyone else had problems with this? I've had a fall out with Mobile Outlet over their T&Cs after being denied the last 6 months cashback - the T&Cs were incredibly misleading with this part of the claim process, but I think I'm resigned to writing off this, and avoiding MO in the future. Is there any other process to pursue here? >> I claimed my first 6 months cashback on a K700i that I got from the >> Mobile Outlet. They have written back saying they've refused the claim [quoted text clipped - 15 lines] > writing off this, and avoiding MO in the future. Is there any other > process to pursue here? Yes it's called the small claims track of your local county court. If more people pursued this option then these con merchants would soon get the message. > Yes it's called the small claims track of your local county court. If more > people pursued this option then these con merchants would soon get the > message. You're right but the paradox is that these cashback offers would disappear - they're financially unsustainable from a business point of view - the premise that everyone sues instead of allowing themselves to be fobbed off isn't factored into the bean counters equations! >> Yes it's called the small claims track of your local county court. If more >> people pursued this option then these con merchants would soon get the [quoted text clipped - 4 lines] >view - the premise that everyone sues instead of allowing themselves to >be fobbed off isn't factored into the bean counters equations! Or perhaps become more realistic. I'd prefer a deal where I got, say, 60% of my line rental back, automatically throughout the year. So I didn't have to worry about exactly which bill to send in when, and if I should send it recorded, and I needn't be concerned that it was going to be my failure to comply that paid for the lucky few that got the 100% refund. I wonder how many people get 100% of the cashback they are expecting at the moment?  SignatureGyp Take out the chemical loo to reply > Or perhaps become more realistic. > [quoted text clipped - 3 lines] > and I needn't be concerned that it was going to be my failure to comply > that paid for the lucky few that got the 100% refund. Personally, I would prefer it if they scrapped the phone subsidy and then reduced the line rental by 60%! >> Or perhaps become more realistic. >> [quoted text clipped - 6 lines] > Personally, I would prefer it if they scrapped the phone subsidy and > then reduced the line rental by 60%! Networks seem to be starting this in the Netherlands and Germany - but not quite as you expect. Plan apparently seems to be: No more subsidised handsets Same line rental Same contract period Just more inclusive minutes. http://www.modaco.com/index.php?showtopic=243913 "As of September, Dutch telecoms operator KPN will be stopping the subsidisation of all contract handsets...Furthermore, T-Mobile Germany are also said to be taking a similar stance on the subsidisation of handsets." >>> Yes it's called the small claims track of your local county court. If >>> more [quoted text clipped - 16 lines] > I wonder how many people get 100% of the cashback they are expecting at > the moment? but then thats like the people who come into my place and complain that they never got the half price ticket offer when it's advertised that they only get the half price offer if they quote the correct reference number when booking the tickets. Everyone is entitled to the offer, but if they dont correctly ask for it, they dont get it... mark_yh@yahoo.com declared for all the world to hear... > I've had a fall out with Mobile Outlet over their T&Cs after being > denied the last 6 months cashback - the T&Cs were incredibly misleading > with this part of the claim process, but I think I'm resigned to > writing off this, and avoiding MO in the future. Is there any other > process to pursue here? Sue them in a small claims court. Apparently it's very easy to do. SignatureRegards Jon > mark_yh@yahoo.com declared for all the world to hear... >> I've had a fall out with Mobile Outlet over their T&Cs after being [quoted text clipped - 4 lines] > > Sue them in a small claims court. Apparently it's very easy to do. Very easy : http://www.moneyclaim.gov.uk D > Very easy : http://www.moneyclaim.gov.uk > > D But you're limited to the number of words you can use to set out and justify your claim and the first trick that unscrupulous Defence lawyers will use is to strongly recommend to the District Judge that your application is thrown out for "inadequate particulars of claim". You then find yourself facing an "unless" Order so you're on the back foot immediately. I won a case recently and the Defence lawyer actually made reference to the "unless" Order no fewer than seven times during the Hearing, in an attempt to persuade the District Judge that I was some sort of bad guy. In the end, the DJ was reduced to saying to him "yes, I've taken onboard your views, there really is no need to repeat them several times". You are limited to 1,080 characters. I used nearly all on my claim to get as much detail as possible. >> Very easy : http://www.moneyclaim.gov.uk >> [quoted text clipped - 15 lines] >onboard your views, there really is no need to repeat them several >times". Signature. > > I claimed my first 6 months cashback on a K700i that I got from the > > Mobile Outlet. They have written back saying they've refused the claim [quoted text clipped - 15 lines] > writing off this, and avoiding MO in the future. Is there any other > process to pursue here? What was the nature of problem? The T&Cs I have were pretty straightforward (send in all original bills 1-6, within 21 days after date of 6th bill). I did so eight days after the 6th bill date, and sent them by special delivery. I'll see what they say about my appeal. If they don't play ball, I fully intend to smack it to them with a summons. AFAIK they cannot claim that I should have complied with their current T&Cs, which I see *do* now demand the return of the original dispatch note, as opposed to the ones I agreed to when I made the purchase (which make no menton of this), so I think I'm on safe ground to launch a legal claim. > What was the nature of problem? The T&Cs I have were pretty > straightforward (send in all original bills 1-6, within 21 days after > date of 6th bill). I did so eight days after the 6th bill date, and > sent them by special delivery. OK, I'd like some opinions whether I wasn't being thourough, and should just learn my lesson, or if the T&Cs are misleadingly worded..... Here's the relevant bit: " All cash back and half price line rental entitlements are redeemable in two stages; the first stage is at month 6, the second at month 12. .....To claim the second half of your cash back entitlement, forward us your 11 and 12 months bill, again this must be with 21 days from the date shown on these bills." I read (past tense) the first sentence and thought that I only had to do stuff at at months 6 and 12..... > I'm resigned to >> writing off this, and avoiding MO in the future. Is there any other [quoted text clipped - 11 lines] >the ones I agreed to when I made the purchase (which make no menton of >this), so I think I'm on safe ground to launch a legal claim. In an earlier post I told how onestopphoneshop refused my cashback by mistake. They said they would pay if I resent the bill & voucher. I refused and made a small claims court claim. They have acknowledged service and filed that they will defend the action. I will let you know the outcome. They don't appear to give in easily. Signature. > In an earlier post I told how onestopphoneshop refused my cashback by > mistake. They said they would pay if I resent the bill & voucher. I [quoted text clipped - 3 lines] > the outcome. > They don't appear to give in easily. I would have given this more thought before taking court action. Small claims court cases are sometimes settled on what the judge appears to be fair, rather than strictly following the letter of the law, as this helps to reduce costs by not getting into lengthy legal arguments. A judge might consider the fact that OneStopPhoneShop admitted their mistake, and asked you to resubmit your claim as them behaving reasonable, and your refusal to resubmit your claim as you being unreasonable, so it might go against you irrespective of the contractual agreement. >> In an earlier post I told how onestopphoneshop refused my cashback by >> mistake. They said they would pay if I resent the bill & voucher. I [quoted text clipped - 13 lines] >unreasonable, so it might go against you irrespective of the contractual >agreement. My claim statement included that they required a very strict compliance with the contract. I wanted the same. I thought it worth risking the money because just for once the consumer had been fully compliant and they had done to them what they do to lots of people. Resubmitting involves going to the Post Office some way from here and sending it recorded delivery again. Would they do that for me if I made a mistake. No, they just refused my claim when they thought I made a mistake. Worth a fight I think. Meanwhile every few days I get an email from them about a deal for a 12 month free line rental with 200 mins + texts, on a 12 month contract. That can only work by refusing claims for the smallest deviation. Signature. Peter@Zero.com declared for all the world to hear... > In an earlier post I told how onestopphoneshop refused my cashback by > mistake. They said they would pay if I resent the bill & voucher. I > refused and made a small claims court claim. They have acknowledged > service and filed that they will defend the action. I will let you know > the outcome. If they offered you remedy and you declined, I don't think that will do your action much good. SignatureRegards Jon > I claimed my first 6 months cashback on a K700i that I got from the > Mobile Outlet. They have written back saying they've refused the claim [quoted text clipped - 9 lines] > > Sounds like a cock-up to me - has anyone else had problems with this? This thread's too old for anyone to read this probably, but Mobile Outlet sent me my cheque today after I'd appealed on the grounds that my T&Cs didn't say what they said they said. So. Panic over. |
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