Need to send LBA to OSPS

amf · 29 November 2007 at 3:42PM

I took out a price match deal with OSPS on 28/5/07 - 12 months line rental rebated in 5 parts of £72 each at 120, 180, 240, 300 and 360 days after connection. I've printed off the T & C at time of purhase and their invoice confirms that its a 12 month free line rental deal.

My bill date is 3rd of the month. I'm aware of how OSPS isn't working strictly to the T & Cs from other posts.

I sent my original bill dated 3/9/07 with claim 1 on 28/9/07 - it arrived on 29/9/07. The claim was rejected as being too early and the bill returned to me with a letter dated 4/10/07.

I then sent my bill dated 3/10/07 on 17/10/07 - this was received by them on 19/10/07. I've heard nothing since.

I've just checked my cashback details n my account on OSPS site. It now shows something entirely different;-

Offer Breakdown

You Get

Automatic Cashback
£11

Send month 6 claim in Nov 2007
£49.75

Send month 8 claim in Jan 2008
£49.75

Send month 10 claim in Mar 2008
£49.75

Send month 12 claim in May 2008
£49.75

I'm fed up with these guys and intend sending a LBA. In view of recent re-organisations should I address it to The Company Secretary, OSPS,

1 Portal Way, London, W3 6RS?

I've also read that a fax to their legal dept sometimes helps but I've not been able to find a fax number. Does anyone know the fax or address of the legal team?

amf · 1 December 2007 at 12:33PM

can anyone help?

mobilejunkie · 1 December 2007 at 1:24PM

You're perfectly entitled to have your second attempt honoured using the legal t&c AND the ones they are, in fact, using. However, using their way of doing things they should have honoured the first attempt. I'm afraid this is now typical of their attitude and behaviour. I actually put much of it down to utter incompetence and a lack of understanding of their own t&c. I have a different situation on one of mine and the LBA is drafted and should go out on Monday. Like you, they haven't (in my case ever) declined a claim, but I won't wait forever.

I suggest you have a read of my last post on this thread, prepare a suitable LBA and sent it (to cpw in Portal Way in London - that is the actual company:-

http://forums.moneysavingexpert.com/showthread.html?t=558661&page=2

Have no fear; you WILL get your money. Only a question of how much extra they wish to incur in legal costs. It's time to take a firm stand against this company now when they mess you around.

amf · 3 December 2007 at 4:57PM

Thank you mobilejunkie:beer:

LBA posted today. I've given them 10 days otherwise I'm going down the formal route for the recovery of the monies owed. I'll report back on any developments.

mobilejunkie · 3 December 2007 at 6:24PM

We'll see who gets paid first! Lol!

amf · 13 December 2007 at 4:52PM

mobilejunkie wrote: »

We'll see who gets paid first! Lol!

It will be you mj:D

Right.....I gave them 10 days to pay and that period is up today. Needless to say, I've heard nothing from OSPS. I have toddled off to MCOL site and met a little hitch. I need an English or Welsh address where papers can be served to me. I live in Scotland. I have hopes of my F-I-L's relatives in Yorkshire providing the English address needed but I'll need to check with them first. If they are willing I should be putting in the claim over the weekend.

I'll report developments.

mobilejunkie · 13 December 2007 at 6:39PM

Will be filing mine on Monday at this rate. Must admit I'm surprised that they haven't paid up, but they've had their chance unless a cheque arrives by then. At least I don't have the same problem of jurisdiction!

amf · 16 January 2008 at 5:07PM

amf wrote: »

It will be you mj:D

Right.....I gave them 10 days to pay and that period is up today. Needless to say, I've heard nothing from OSPS. I have toddled off to MCOL site and met a little hitch. I need an English or Welsh address where papers can be served to me. I live in Scotland. I have hopes of my F-I-L's relatives in Yorkshire providing the English address needed but I'll need to check with them first. If they are willing I should be putting in the claim over the weekend.

I'll report developments.

Well things have moved on;-

Whilst trying to get an English address I received an e-mail from CS asking me to send a copy of the latest bill I've sent them (I had e-mailed a copy of my LBA to CS, so that's probably where this request came from).
I sent this and also sent the second cashback claim. Along with the copy bill I enclosed a copy of their e-mail on which I requested that they ensure that my second cashback claim was not refused because they ad not paid the first claim.
Letter received from OSPS 5 days ago, refusing second cashback as I'd not paid the first:mad:
Got my English address yesterday and made a claim through MCOL last night. Claim for full balance £360, plus cost of returning 2 faulty phones £20, plus court fee £35, plus interest £7+
2 cheques for cashback claims 1 and 2 received this morning (would you believe it!!!). They were dated 11//1/08 and the cheque amounts were correct.

What to do now? Well, despite being issued on 11/1/08, the cheques were not received until today. Whilst they meet the cashbacks due, they don't meet my claim (nothing for court fee, cost of returning faulty phones or interest). I don't think these cheques purge the breaches of contract but I'm no lawyer. I'm minded to keep the cheques and see what transpires. I won't be cashing them as this would be tantamount to agreeing that these meet my claim. If necessary I'll send hem back saying that I do not agree that these meet my claim, once I see their response to the claim.

Anyone got any better ideas?

mobilejunkie · 16 January 2008 at 6:31PM

Ask Quentin, but my opinion for what it's worth is that you should insist they pay ALL your legal claim since they refused all the claims to date in writing and didn't get you the payments due by the date you gave them. I suspect Quentin will agree; I'd also cash the cheques, but not so certain he'll agree with that one (though suspect he might).

Quentin · 16 January 2008 at 6:48PM

Yes - cash the cheques - it won't affect your MCOL (Keep copies plus the envelopes they came in)

Yes - just let the MCOL run its course.

If they don't defend it, you ask for judgement in respect of the balance owing from the original claim.

If they do defend it then you need to decide on your action after seeing the defence (as always - irrespective of any part payments received). But if you decide to then continue, the original case will proceed over the balance still outstanding.

amf · 16 January 2008 at 7:25PM

Thanks guys:)

Need to send LBA to OSPS

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