Mobiles.co.uk refusing cashback

charlienotman

So, it's came to the time of the year where I start claiming cashback from Mobiles.co.uk, or rather, attempt to claim cashback.

Here's the problem - Mobiles.co.uk are simply refusing me cashback on the basis of me missing a payment on my contract (Not true!), I've contacted T-mobile relating to this matter, and they basically said they've taken no commission from Mobiles.co.uk, and they're blatantly lying. I've also just 30 mins ago contacted T-Mobile, and asked them if they could basically put in writing that I have not missed a payment.

I've contacted Mobiles.co.uk stating my case - Basically saying along the lines of "I've contacted T-mobile, and they say you're lying, I've always paid my bills on time, I have the bank statements to prove it, if you're going to refuse any cashback through blatant lying I will take this to a small claims court" (Which i don't really want to do)..

So what advice do you have to give me? Any and all advice is appreciated.

TBeckett100

you should sue them. If you have proof no payments were missed, then file a small claims court. i assume this is the carphonewho rehouse

Silk

Hi Charlie,
Welcome to the forum.
I agree with what Tom has just said and if you can prove that no payments have been missed send a LBA and take them to court.
I assume they have emailed or written to you saying why they are not paying you ???????

charlienotman

Yes, they did, in the email they said:

"Hello,

One of our terms and conditions is that if the network takes the commision back from us as you have missed payment on a bill or more then we cancel cashback on the order.

The network took back our commision at the end of August 2009 and we cannot pay any cashback due to this.

Regards, "

Convenient how the network takes the commission right before I'm due cashback, eh?

Silk

Hi Charlie,
If thats the case and T Mobile have confirmed they have not taken any commision back from the account I would simply send a LBA recorded del
Your bank statements would be enough anyway but if T mobile also back it up there will be no excuses.

charlienotman

I've sent Mobiles.co.uk an email one last time, and if they continue to refuse, or don't reply within 7 days I'll get an LBA wrote up.

mobilejunkie

If you need any help pm me.

paulfoel

Yeah. I'd deffo go for it if you're 100% sure your right. Chances are when they look into it a bit they'll crap themselves when they find out your right after all.

mobilejunkie

Only if they are convinced they are going to be sued by someone who can prove the claim was unjustifiably denied. Even then it will go to cpw at that stage and they have a track record of trying to delay the inevitable for as long as possible. Done properly and provided the details are as stated it should be a fairly safe bet (with one small proviso I won't mention publicly).

Guys_Dad

I think we know by now that mobiles.co.uk admin and cashback teams are not of the highest calibre. Their rep, Ben, admitted as much indirectly before he was hounded off this forum.

Equally, T-Mobile have their problems too. So there is a possibility that mobiles.co.uk could be right as T-mobile might have slipped up. Probability is, though, that there is a problem at mobiles.co.uk.

First of all, you need to show mobiles.co.uk's letter is in error. That means that you must get something in writing from T-mobile. Until you do, you really don't know who is in the wrong.

Armed with that letter from T-Mobile, you should then write to the MD of mobiles.co.uk with all the facts giving him 7 days to acknowledge you are entitled to your claim or you will take action.

If you do not, then you have to consider what could happen. You could take mobiles.co.uk to court and they just might have correspondence from T-Mobile showing that they were correct and T-Mobile did claw back the commission. They would then probably win and you would have the problem of tackling T-Mobile in another case.

So, hold back the reins till you have all the evidence you need in writing and then hit them with it. If T-mobile do not confirm their verbal conversation with you, then you are on shakier ground and should ask mobiles.co.uk for a proof of their rejection in the form of T-mobile correspondence clawing back their commission.

Should they in turn refuse, then that strengthens your case should it go to court.

Proc

Mobiles.co.uk involved in cheque back complications? Never!

Do you pay direct debit? If so, your bank statement will show any payments that have been made to T-Mobile on a monthly basis. If you pay cash I'm quite sure they give you a stamp or some kind of proof of payment?

There's loads of ways of prooving payments if T-Mobile don't play ball.