Mobiles.co.uk refusing cashback

Guys_Dad

Proc wrote: »

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.

May show payments to T-Mobile but doesn't automatically mean it is for that contract. (Don't get me wrong, I believe charlie 100%. What I am saying is that the more written confirmation he has, the less chance he needs to go to court or, if he does, the better chance he has in winning)

OneADay

Been following this from start - my first instinct was there is something more to this and I still think there is more information needed from OP.

Was the tariff changed? is an obvious question.

Not making excuse for mobiles.co.uk, just think a bit more information is needed - like what was the deal signed up to, when was first claim date etc etc.

If all is in order on customer side, I would be onto trading standards in first instance to get advice.

charlienotman

The first month of the cashback was this month, September, I have not changed the tariff, and even when mobiles.co.uk have contacted me they have said it was due to missing of a payment in August 2009. I have the bank statement to prove that the amount paid was paid in August 2009. I'm just waiting for T-Mobile to write to me, telling me that I have not missed a bill.

I got an email back from mobiles.co.uk today which says:
"
Hello,

Unfortunately all cashback claims for your order are void and if you claimed our system will not allow the cashback to be sent out.

Regards,

--
Nicholas Twigg
Senior Cashback Administrator "

Which to me - Sounds as if they've realised they're in the wrong, no longer have a leg to stand on, and are left with "The system will not allow us" (A system can't work without a user programming it, therefore the 'system' can be corrected).

OneADay

They are talking out of their wotsit then.

Only thing I can think is mobiles.co.uk and t-mobile systems are not talking to each other properly.
T-mobile have been pre-occupied recently with their merger business and moving people to online billing - might have glitch somewhere.

Where is that rep when you need him ! Try his email ben.godber@mobiles.co.uk

Anyway just go to trading standards if it does not resolve through the t-mobile letter - and probably then to small claims court.

charlienotman

Ok, thanks for all the help guys and girls. I'll update you when I hopefully get the letter from T-mobile.

Quentin

This looks to be a breach of contract. To short cut matters, and assuming you can prove all payments were made (by reference to your bank statements, no need to await t-mobile's confirmation), then send them a LBA giving them 7 days to pay, failing which you will proceed with legal action. If they ignore this, then issue a summons via MCOL. (Trading standards will show interest, but practically, the courts are the quick way to resolve this issue).

Forgetful

gosh i am getting worried in the last month we have taken out 2 contracts with mobiles.co.uk!!!

DarkConvict

I wonder if since they are in breach of contract, if you can claim all the cashback in one lump sum via small claims court.
Much like an operator charging you the outstanding balance, if you cancel or mis-payments.

Quentin

Yes, this could be a fundamental breach of the contract, meaning the injured party is entitled to the full benefit of the now breached contract.

In that case, the op should point out in the LBA this fundamental breach and request payment of the full amount outstanding (not just the unpaid claim).

Guys_Dad

Quentin wrote: »

Yes, this could be a fundamental breach of the contract, meaning the injured party is entitled to the full benefit of the now breached contract.

In that case, the op should point out in the LBA this fundamental breach and request payment of the full amount outstanding (not just the unpaid claim).

This is not a dig at Quentin, whose advice on fundamental breaches is usually sound, but I do wish some other "helpful" posters would do a little homework before barging in with unresearched advice.

It is NOT any breach of contract if their t&c have a get out clause - and they do -

from their web site
Reasons Cashback Will Not be Paid

• You do not complete the minimum term (12, 18 or 24 months) of your contract.
• If any of your monthly bills are not paid in full.
• You do not remain on the original tariff with the original handset and number (or ported).
• If your account is not up to date with payments.
• If the airtime bills sent are not for the same account and in the same name as the one eligible for the Cashback.
• If your claim is received more than 60 days from the date stated on the airtime bill you are required to submit.
• If your airtime contract has been disconnected (including disconnections made under Lifeline insurance).
• If the incorrect monthly bill is received.
• In the event that the Network takes back commission for any reason, including but not restricted to tariff changedown within 120 days and late or non-payment of bills, any cashback claim will be null and void.
• etc. etc

So, if, in fact T-Mobile have taken back commission for any reason you don't get your money - or so it says in their conditions. So, it may have nothing to do with your payments at all or it could be a mistake on either T-mob or mobiles.co.uk' part. Mobiles.co.uk could have fallen out with T-mobile, had all their T-mobile commissions clawed back and you would lose out. (Theoretical scenario and hardly likely). Harsh maybe, but in black and white above.

But they have to prove that T-mobile have taken it back. So if T-mobile have made a mistake and taken their commission back, then mobiles.co.uk are NOT in breach of contract.

So, ignore the hotheads - as you appear to have done so far - and follow your plan to get together all the information and then tackle mobiles.co.uk.

Remember that if T-mobile has messed up, then if they put it right, you will need mobiles.co.uk to co-operate to get your cashback as sure as eggs is eggs, the window will be closed by the time they and T-mobile have it sorted.

Cool head and keep it friendly for now.