Mobile phone company refusing to honour cashback - anyone help please?

swebb
swebb Posts: 1,042 Forumite
The background:
I took out an Orange 12 month contract with a mobile phone company last June with 1/2 price line rental (in the form of cashback). I had to send my 1st 6 months bills in to make the claim. I did this in December, but had a phone call to say my offer was 'Line Rental Discount' and not 'Cashback'. Line rental discount is slightly different, you have to sent your 1st 4 months bills to get the cashback (i.e. not the 1st 6). Hence they are refusing to give me any money back (I won't say cashback). None of this was clear to me when I placed the order.

When I got the phone last June, I asked how I get my cashback and was told to send the first 6 months bills in.

After several emails chasing the company to discuss my complaint, I just got a phone call. Because of their their terms and conditions, they are refusing to give me any form of cash back. The lady as good as acknowledged that there is a pitfall. There is no issue with 4 vs 6 months, but their T&C are that way, so they won't budge. Therefore people like me can be caught out.

Has anyone any advice? It's over £100 so it's a decent sum. It also makes me angry that a company like this can get away with things like this (I did say I bet other people fall in this trap and she didn't deny it). I'm thinking of going to Trading Standards. Am I stuffed because they are being clever with their T&C? If anyone can suggest anything I'd appreciate it.
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Comments

  • carrie483
    carrie483 Posts: 1,868 Forumite
    Where did you buy it from i.e shop? Or did you buy it from orange direct? I think this post would be better suited to the vent board? Maybe you'll get more help there. I'm sure a mod will move it to somewhere for you.

    Carrie x :)
    Accept that some days you're the pigeon and some days you're the statue.
  • grandma
    grandma Posts: 98 Forumite
    I took out a 12 months contract for a mobile phone (orange) from the Mobileshop last April.The rental was £25 a month which would be returned to me in 2, 6 monthly intervals.
    They sent with the phone 2 vouchers to send in when it was due.I sent 1 in last November and received my first £150 at Christmas.
    I know that this is no help to you (and i hope you can get it sorted) but I thought that it would be a help to anyone thinking of taking up a similar offer that Mobileshop have stood by their offer.
    if i had known then what i know now
  • There's alot of it about, see this thread:

    http://forums.moneysavingexpert.com/showthread.html?t=95809

    Good luck
  • Karnam
    Karnam Posts: 1,177 Forumite
    do you have the contract saying it is line discount and not cash back? if the contract copy that you have says that it is indeed line renteal discount and not cash back.... well then they're in the right and dont have to pay you a penny since you didnt fulfil the contract conditions for cash back

    i never do cashback for these reasons. orange direct are quite good
    :A Boots Tart :A
  • jeppy
    jeppy Posts: 3,428 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I am just going through the same problem, not orange though, I have bought my phone thru e2save, on a 3 tariff, at the time and I printed the cashback terms and conditions. It stated claims after 6 months!! My brotherinlaw bought a phone thru them a couple of days later and his terms were claim after 4 months!!

    I have had my claim refused as I did not claim within the qualifying 28 days!!!

    I did, I sent by recorded delivery and I took a copy of the terms and conditions of how to claim cashback at the time of purchase (unfortunately, whilst it isn't specific to me, it is to the phone and tariff, so I can't send a copy to you!!)

    I will not let this drop, neither should you, you have not said which co you purchased from, lets all stick together!!!

    I have had contracts with e2save before and had no problems, however I am having loads now, from recommending friends discounts to claiming cashbacks!!!

    We have loads of mobile phones, we don't use the landline because if you are organised you can get a mobile and calls for free (I am usually paid to have the phone!!! But that is because I became an affilliate, now though I just buy through quidco to get a huge commission back!!)

    I am just waiting for my 6th bill (due 10th) to claim from the mobile outlet, their terms and condtioins are really strict, so I am very anxious!!!

    Then I have a BOOTS 36000 points phone and there are queries over that too!!!!

    Keep us informed and I will too, perhaps we should have a separate forum for phone disputes, so we can fight our battles together!!
    ACII and Chartered so now I can focus on learning to play my beautiful Sax. 🎷
  • slowen
    slowen Posts: 2,795 Forumite
    1,000 Posts Combo Breaker
    I remember a report on the Watchdog programme a few months back regarding some company that advertised in the back of the Sunday papers offering cheap line rentail with cashback and you could choose a free gift i.e. xbox.

    The company made it so hard for it's customers to claim the cashback that I think you had to make at least 6 complaints before they would bother looking at your claim as they just got filed away.

    Maybe worth checking the reports on the Watchdog site to see what it says and if there is any helpfull information also email them as there may be others like you in the same boat with that company and the more complaints they get then th better odds of them following it up.

    Good luck and hope you get it sorted
  • Just to let you know i think e2save is the carphone warehouse. They have loads of high street stores you could visit on a busy Saturday afternoon to loudly discuss your problem if you know what i mean!!
  • The best way to expedite the process is by threatening to file a claim against the company. If this gets no reponse, actually file the claim in the Small Claims Court.

    This should spur them into action - they will also be liable to refund the cost of filing the claim.

    Rob
  • jeppy
    jeppy Posts: 3,428 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    E2save is the sister co of carphone warehouse.

    I have threatened to contact trading standards, as I believe that they have made a mistake, I think that they changed their cashback conditions just after I bought my phone. I printed the conditions at the time I bought the phone so I know I am right!!!

    I will keep you informed!!
    ACII and Chartered so now I can focus on learning to play my beautiful Sax. 🎷
  • swebb
    swebb Posts: 1,042 Forumite
    The company (that I would advise against using) is:

    buymobilephones.co.uk

    To further illustrate how well the company looks after it's customers, on my phone call yesterday I suggested that there should be some information sent out with the phone to state when/how to claim the cashback. The lady simply replied with "Why should we? It's all in the terms and conditions". Nice.

    I've just checked their website, their terms and conditions and I notice they've been changed...
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