redemption query - does within 60 days include day 60 or just up to 59?

terryya
terryya Posts: 603 Forumite
I've just sent a claim in and didn't realise that I was so close to the deadline. Anyway I had to send it in within 60 days but it got there on day 60. Do you think that counts or not?

For the record the claim has been rejected.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    If it was to mobiles.uk, they say it depends what day of the week day 60 falls on!
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    terryya wrote: »
    I've just sent a claim in and didn't realise that I was so close to the deadline. Anyway I had to send it in within 60 days but it got there on day 60. Do you think that counts or not?

    For the record the claim has been rejected.

    So, what date did the service commence and what day did they sign for the receipt of the claim? (You did sent it registered/special I take it ?) They don't accept mail on Saturdays/Sundays I recall from previous threads as, although their sales team work on Saturdays, their admin team don't..

    Can you post your rejection email/letter?

    But on a more specific point, you should never leave things till so close to the wire, as I guess you now know.
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    mobiles.co.uk told me 59 after i sent it on the 60th day. twonks.
  • terryya
    terryya Posts: 603 Forumite
    Thanks for replies.

    I'm interested in what people personally think within 60 days means? At first I thought yeah within 60 days doesn't include day 60, but then thought if someone asked me to do something within a day, they'd mean get it done by tomorrow. So using that logic you have the full 60 days to get something done within 60 days. I'm not sure if I'm just trying to convince myself though.

    It is with buymobilephones and despite the terms being fairly obvious (and generous) and having completed about a dozen cashback contracts without problems I seem to have become very slack this time.

    I just don't know if it is worth trying to kick up a fuss and/or it is worth taking it further or should I just accept that I was a lazy tool?
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    maybe just email them blindly to check. and use the email as proof if need be...

    did u send it at least recorded? was there a delay on receipt if so?
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    terryya wrote: »
    Thanks for replies.

    I'm interested in what people personally think within 60 days means? At first I thought yeah within 60 days doesn't include day 60, but then thought if someone asked me to do something within a day, they'd mean get it done by tomorrow. So using that logic you have the full 60 days to get something done within 60 days. I'm not sure if I'm just trying to convince myself though.
    Hi Terry,
    Legislation since 16th Sept 2009 states they have to give you at least 60 days so that would include day 60 ;)
    I would also assume that it starts counting from the day following receipt etc ?
    It's not just about the money
  • terryya
    terryya Posts: 603 Forumite
    Thanks. I sent it special delivery and it was signed for on the 60th day.

    Silk - what legislation is this? It sounds like it could be very useful.

    I'll give them a call and see what they say then take it from there.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    terryya wrote: »
    Silk - what legislation is this? It sounds like it could be very useful.

    It was when the Gov. brought out measures to stop phone companies misselling, slamming and using unfair conditions etc which was why the phone companies esp. 3rd party ones had to amend their T&C's etc
    It's not just about the money
  • Lynsey
    Lynsey Posts: 9,486 Forumite
    I've been Money Tipped!
    edited 15 August 2010 at 8:26AM
    Did they receive it within 60 days of the date of your bill??
    You can use this tool to check your dates, just put in your bill date and add 60 days - hopefully it will have been on time: http://www.timeanddate.com/date/dateadd.html
    60 days will be up to and including the 60th day, it didn't say before 60 days and if this is what they meant, they should have stated this.
    I would send a LBA if it was on day 60 from the bill date.

    Interestingly, BMP have recently been breaching their own T&C's of late regarding cashback/redemption payments - maybe you should let them know, just a gentle reminder.
    https://forums.moneysavingexpert.com/discussion/comment/35301337#Comment_35301337

    Edit: BTW, it was rejected for being late and NOT because of the wrong bill wasn't it?? This would be a different matter.
    Also did it arrive on a Monday?? As Guys Dad states, it wouldn't be accepted on a weekend day anyway.

    Good luck,

    Lynsey
    **** Sealed Pot Challenge - Member #96 ****
    No. 9 target £600 - :staradmin (x21)
    No. 6 Total £740.00 - No. 7 £1000.00 - No. 8 £875.00 - No. 9 £700.00 (target met)
  • Quentin
    Quentin Posts: 40,405 Forumite
    terryya wrote: »
    I'll give them a call and see what they say then take it from there.

    You know what they are going to say - don't waste time phoning them.

    Take the offensive, and go down the lba/mcol route. You have complied with the ts + cs. If there is any room to interpret the meaning of "60 days", the law is on the side of the version that is most beneficial to the customer.
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