Mobiles.co.uk cashback problems

Quentin

OneADay wrote: »

Its a gray area - some companies might say they have right to decline the cashback, others might still honour the cashback. Its a bit of a loophole in favour of a company and one which consumers should be aware.

But to solve this particular point - it needs some body like Ofcom to make a rule one way or the other.

It isn't grey at all - they put in their ts + cs that we have 30 days (from the date on the bill) to get the claim to them. No mention of them only accepting claims on normal working days.

It doesn't need Ofcom, (and they just ignore Ofcom anyway), just someone to sue and take them to court to decide they are being unfair. In this case we know about they capitulated, (only after repeated refusals to pay before the OP went public), but what about all the others they have denied who don't use forums like this one to publicise their cases?

Ofcom have already said that particular condition is unfair, and all other cpw companies now give 60 days to get your claims in. Yet the "rep" continues his claim (despite ignoring Ofcom), that they are the "fairest online retailer"!"

OneADay

Quentin wrote: »

It isn't grey at all - they put in their ts + cs that we have 30 days (from the date on the bill) to get the claim to them. No mention of them only accepting claims on normal working days.

It doesn't need Ofcom, (and they just ignore Ofcom anyway), just someone to sue and take them to court to decide they are being unfair. In this case we know about they capitulated, (only after repeated refusals to pay before the OP went public), but what about all the others they have denied who don't use forums like this one to publicise their cases?

Ofcom have already said that particular condition is unfair, and all other cpw companies now give 60 days to get your claims in. Yet the "rep" continues his claim (despite ignoring Ofcom), that they are the "fairest online retailer"!"

Well I did side with the OP as there was proof a delivery was attempted on a Saturday.

The gray area is whether Saturday is considered a working day or not. Even if it were 60 days it would make no difference if the OP had waited till 59th day to send form in (and if 60th day was a Saturday). Other scenarios postal strikes, holiday periods etc.

Banks treat us as mugs with their cheque/transfer processing allowing working day to be only Mon to Fri.

Some clarity in the t&c of cashback claims or simply state number of working days as the allowed time to send a form in (Mon to Fri being the norm) but again people would get confused. Just needs some simple rules and I say its the like of Ofcom who should be doing this - not courts (it should not get to that stage).

Quentin

Ofcom have been trying for years to get them to cut out "restrictive" cashback conditions. They have ignored them.

When cpw companies try to get out of paying legitimate claims, then taking court action gets results!

thommy

Quentin wrote: »

It isn't grey at all - they put in their ts + cs that we have 30 days (from the date on the bill) to get the claim to them. No mention of them only accepting claims on normal working days.

It doesn't need Ofcom, (and they just ignore Ofcom anyway), just someone to sue and take them to court to decide they are being unfair. In this case we know about they capitulated, (only after repeated refusals to pay before the OP went public), but what about all the others they have denied who don't use forums like this one to publicise their cases?

Ofcom have already said that particular condition is unfair, and all other cpw companies now give 60 days to get your claims in. Yet the "rep" continues his claim (despite ignoring Ofcom), that they are the "fairest online retailer"!"

isn't the point about grey areas valid in the sense that ofcom does not have legally binding powers - it can't legislate per se. the word 'fair' rears its head again and this in turn leaves so many industry 'rules' open to interpratation. some of which, as we all know, get interpratated to the disadvantage of the customer....it does need ofcom to have some real teeth or for hard and fast legislation to be brought in to avoid ambiguity in any defintion of t&cs.if companies don't follow recommendations by ofcom, then this could well end up being what comes back to bite them on the bum and legislation has to be brought in.
as odd as it sounds-i'm kind of agreeing with you both - that's the problem the consumer has, not just in mobiles, but many consumer sectors. it's easier for the retailer to protect itself than the consumer.....

Quentin

There is hard and fast legislation in place already regarding unfair ts + cs, and grey areas.

Consumer law states that in a contract, where there is any ambiguity regarding the interpretation of a contract condition, the interpretation which is most favourable to the consumer prevails.

thommy

Quentin wrote: »

There is hard and fast legislation in place already regarding unfair ts + cs, and grey areas.

Consumer law states that in a contract, where there is any ambiguity regarding the interpretation of a contract condition, the interpretation which is most favourable to the consumer prevails.

granted. but it's that word 'ambiguity', isn't it? if there was sufficient legislation in the first place, ambiguity wouldn't arise.

Lynsey

Quentin wrote: »

There is hard and fast legislation in place already regarding unfair ts + cs, and grey areas.

Consumer law states that in a contract, where there is any ambiguity regarding the interpretation of a contract condition, the interpretation which is most favourable to the consumer prevails.

Many, many thanks, can you post a link??

Lynsey

Silk

Lynsey wrote: »

Many, many thanks, can you post a link??

Lynsey

Hi Lynsey,
Not sure what quentin has but have you looked here ?
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/unfair-terms/guidance#named1

Lynsey

Thanks Silk, you never know when you might need this type of info.
I'll browse tomorrow instead of reading hubby's Sunday Sport - never much sport in there anyway, don't know why he buys it??

Lynsey

Silk

Theres a copy of the Unfair Conditions Act here ...........

http://www.netlawman.co.uk/acts/unfair-contract-terms-act-1977.php