Serious problem with onestophoneshop

alex69 · 30 March 2005 at 1:27PM

I bought a phone with associated cashback. After processing the order, the contract I received with the phone had £60 cash back less than when the order was made. No mention was made of a different deal from the one I signed up to. Additionally, in the confirmation email it clearly stated the amount of cashback.

I called them immediately and they confermed they were in the wrong and that new paperwork would be sent out. I received another call saying the opposite and that the lower cashback would apply.

After long discussion with the manager I said this was not what I bought; I was repeatedly said it was and I was told it is impossible that the confirmation email would indicate the cashback schedule. No allegation was made that I forged the email, but this is essentially what it entails.

I feel I have been seriously taken for a ride here. Unless any of you has some suggestion, I am sending back the phone and will have to pay special delivery to return it.

A complaint to Trading Standards is definitely in order here.

I'll stay well-clear of this company in the future.

grumbler · 30 March 2005 at 1:50PM

I had the same problem. Unfortunately, they have very cunning T&C (see their website):

By placing an order with us you agree that:

each order will be treated as an offer and will not be deemed to be accepted by us until it is dispatched or confirmed in writing by a member of our staff;
any automated message you receive acknowledging your order is not to be treated as acceptance of your order;

you are able to withdraw your order at any time until it is deemed accepted by us;

once we have accepted your order you cannot withdraw your offer but you may be able to cancel in accordance with these terms; and

when you purchase a mobile phone from us you are also entering into a contract with the network provider (for a minimum period of 12 months) whose terms and conditions are included/available on request. All orders are subject to status. A credit check may be carried out as required by the network provider.

I reterned my phone and paid for Special delivery...

alex69 · 30 March 2005 at 2:00PM

I suggest writing to Trading standards to point this out. They didn't even point out that the terms 'had changed', and contested for 15mins that I had received any email from them with all the cashback details spelled-out. Forwarding them the email was not enough and said it was not possible. When I suggested they should check their system they said it was not necessary as they were sure they were already working fine. Who would like to be in the line waiting for a cashback from them?

allthatmularky · 30 March 2005 at 2:18PM

The T&C's referred to above are now quite standard for websites - just to protect themselves from the human mistakes that occur (Kodak cameras £99 instead of £400 etc). Not the day to day genuine prices in a business. However, this is different since the deal signed up for has been changed - so effectively no contract exists. Its the same principle that say you buy a car at £12000 and the contract quotes an agreement at £15000 - the contract is non existent its not the 'offer to treat' that you agreed to - they cannot simply change prices.
I would just mention the cashback schedule in the email and enquire as to whether the deal has now changed - ask them to sent a courier for the phone (if you have it) - but stress strongly that this could be construed as false advertising and Trading Standards would view this seriously. Certainly they have not an enforceable contract with you.

grumbler · 30 March 2005 at 2:57PM

allthatmularky wrote:

I would just mention the cashback schedule in the email and enquire as to whether the deal has now changed - ask them to sent a courier for the phone (if you have it) - but stress strongly that this could be construed as false advertising and Trading Standards would view this seriously. Certainly they have not an enforceable contract with you.

Do not waste your time and nerves on contacts with OSPS! £3-4 for special delivery do not worth it. Their customer service is complete rubbish! I know this from my 2-months experience (other problem).

Of course, you still can try complaining to Trading Standards. Good luck!

alex69 · 30 March 2005 at 6:51PM

Just to clarify.

They didn't inform me they changed the cashback terms, they just shipped the phone and included a DIFFERENT cashback schedule from the one I signed up to (and have email copy of). After talking to them and changing their version twice the manager finally said what they put down in writing is the one I signed up to and refuse to believe I signed up to anything else. I forwarded the email I got from them - they say it is IMPOSSIBLE their system sent that, thereby implicitly accusing me of forgery.

I agree it is false advertising and I agree that after having personally witnessed their attitude it is a waste of time talking to them.

I will writing to trading standards, and cced CarPhoneWarewhose, and the network provider in question with names in question spelled out.

I advise anyone else who suffered to do the same.

cheghead · 30 March 2005 at 7:28PM

If you do send the phone back 'make sure' you contact the Network provider as well as OSPS to cancel. Or u might still get a monthly invoice if OSPS dont tell them within the cancellation period! It happens!

alex69 · 30 March 2005 at 8:26PM

Will do thanks.

Del_Boy_Gupta · 30 March 2005 at 10:56PM

Alex69 i had the same problem last year. I refused to pay the special delivery and it looked like I'd be down £50 due to their rubbish customer services team. Then I searched them up on google and following checking out a few sites (can't remember which) sent an email to their top honcho nick edwards as well as copying in shopsafe who they are signed up to.

Unsurprisingly they then agreed to send me the original higher cashback (although they wouldn't send paperwork as they couldn't do this). Basically when it came to claim the cashback back, I sent in the email together with a covering letter and the first one was ok. For the second one they tried not to pay out saying the claim was too late, only backtracking following another email to nick stating i had recorded delivery details stating they had received it on time.

Basically their managers , are just plebs ont actually managemnet and they refuse to budge. I was lucky but if you want to keep the handset then try Nick edwards , otherwise send it back at your own cost.

I know they are now a part of CPW, but I wouldn't touch them with a bargepole!

ms264556 · 31 March 2005 at 11:19AM

If you do send the phone back 'make sure' you contact the Network provider as well as OSPS to cancel

I'll second this!

I cancelled my order with them last year (after waiting 5 weeks for an 'in stock' phone), but they signed me up for a 12 month contract with Singlepoint (and ported my number) regardless.

Singlepoint wouldn't cancel the contract until they received notification from OSPS, and said that if I used the sim they'd sent out in the meantime I would be unable to cancel at all.
Over a month of daily calls, emails and faxes to OSPS failed to get them to notify Singlepoint of the cancelation.

Singlepoint finally took pity on me and let me out of my contract, after I sent all of my email and fax correspondence with OSPS.

fi3nd_2 · 31 March 2005 at 5:31PM

I orderd my phone 1 month back from onestopphoneshop they promised me they will provide a bluetooth handset with the phone.. i have called them every week from the date i got the order and i get the same story. Sorry Bluetooth handset is not in stock and will come next week.. So this means next week can turn into 10 years what do i do? I am paying heavily per month for the line rental. Why should i pay for the line rental when i havent recieved all my equipment? please help me

Serious problem with onestophoneshop

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